Many of you know Scott Durfee. I've always counted myself lucky to be his friend and bandmate in the TDCAA band. In addition to being an extremely talented musician and a noted legal lecturer, many of you know him to be an extremely knowledgeable lawyer and a very ethical prosecutor.

Some of you may recall when former Harris County DA Rosenthal deleted thousands of emails while under subpoena to produce those emails in Federal Court. At the time, many of us shook our heads when Scott was sanctioned by the Judge in that case and findings were made that Scott committed attorney misconduct.

With all due respect to that Judge and his rulings in the case, the 5th Circuit has VACATED the findings of attorney misconduct against Scott Durfee. Read the opinion and try to imagine how difficult that case probably was for Scott.

VACATED

It's a good day to be a prosecutor. And I'm so happy for Scott.

I wish they'd given a bit more explanation of why the earlier finding was wrong. But still good to see!

Having been through similar unfounded nonsense, I have some sense of what Scott has been through. Scott is a great lawyer and one of the most ethical guys I've ever worked with. This District Judge called it wrong in a big way and got shot down by the Fifth Circuit. Good for them and good for Scott. Sometimes the good guys do win.

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Originally posted by AndreaW:
I wish they'd given a bit more explanation of why the earlier finding was wrong. But still good to see!

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There was no misconduct on the part of Scott. Those of us who know Scott already knew this, and now the 5th circuit has said so as well.

Scott simply had a client who decided not to do what a federal judge ordered, and I suspect that's a mighty uncomfortable spot for a lawyer to be in.

[This message was edited by Greg Gilleland on 07-29-09 at .]

Yes, WE know that. But when you have a court finding of misconduct for any reason, I always think it's better to have an opinion that says WHY the finding is bunk instead of just that it is. This reversal is about preserving a reputation, and the more ammunition the better!

I thought they spelled it out pretty good.

[This message was edited by Greg Gilleland on 07-29-09 at .]

...Okay, just ignore everything I've said. I looked again, and I apparently only got a copy of the first page where they summarized their findings! : Sheesh. Always check page numbers! You're right, it looks fairly thorough.

I read the opinion as stating that the facts do not show a violation of any rule applicable to him.

Basically, from the opinion, it appears his client did something bad. He tried to remedy what his client did and told opposing counsel what his client had done. The district court apparently thought he should have informed opposing counsel the instant he learned himself. The appellate court holds this is not a basis to find he committed misconduct.

Doh! AW discovered the other pages to the opinion while I was preparing my response.

Anyhoo, the opinion basically sets out that his only violation is questionable taste in band mates.

Durfee cleared of any wrongdoing

"It was unfortunate that his professional reputation was called into the question, but Scott feels vindicated," Durfee's lawyer Warren Harris said. "He did nothing wrong or inappropriate."

District Attorney Pat Lykos released a statement Wednesday saying the office is pleased that the 5th Circuit found Durfee's appeal meritorious.

It's nice to see that Houston Chronicle reporter Brian Rogers picked up this story and gave it coverage. Often times it seems, when negative allegations against a prosecutor are made, often times during heated jury trials, the media fails to print the fact that the prosecutor gets absolved of any allegations.

I know Scott values his reputation and family above all else. Most of us do. In a recent conversation about "allegedly" untrustworthy lawyers, discussing what a blight they are on both sides of the bar, a well respected criminal defense attorney recently told me: "Our honesty and good reputations are the coin of the realm."



Thanks Mr. Rogers!

[This message was edited by Greg Gilleland on 07-29-09 at .]

[This message was edited by Greg Gilleland on 07-29-09 at .]

Way to go Scott! With that load off, can you make it to the studio and work on some banjo/piano ensembles?

This outcome was possible for only one reason:

Durfee is cool.

Indeed. Anyone who calls WWE "American Kabuki" is one of the coolest on the planet. I'm glad to see his good name cleared.

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Originally posted by Scott Brumley:
This outcome was possible for only one reason:

Durfee is cool.

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A good friend of mine would say he's awesome.

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Originally posted by JohnR:
Anyhoo, the opinion basically sets out that his only violation is questionable taste in band mates.

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Was that an actual holding, a footnote, or just dicta?

I would have posted sooner, but I have been on vacation in California with my family and just got back.

I truly appreciate everyone's kind words and congratulations. I hope it goes without saying (but I'll say it anyway) that I value the friendships I have made in the TDCAA community (including the renowned and dangerous Lesser Includeds show band) and I look forward to thanking each of you in person soon.

You guys are aces with me.

Welcome home. We are glad you are a prosecutor.