In 2018, Harris County, Texas, paid Jerome Godinich, a Houston-based defense lawyer, over $409,000 to represent indigent clients in 604 cases. However, Godinich had a reputation for taking on more cases than he could reasonably handle, and his workload exceeded state and federal guidelines. Despite this, judges, many of whom received campaign donations from Godinich, continued to assign him cases. One of the clients appointed to Godinich was a 66-year-old man named Michael Carter, who was held without bail on a driving while intoxicated (DWI) charge. Carter filed a malpractice suit alleging that Godinich never visited him or did adequate work on his case.
During the three years Godinich represented Carter, Carter lost his truck, credit, ability to work, and even his wife who died while he was incarcerated. Carter expressed his desire for no one else to go through what he experienced and accused Godinich of violating legal and professional standards of representation. Although Godinich has no public disciplinary history, he did not respond to the allegations.
Carter’s arrest took place on July 10, 2018, and he was charged with felony DWI. The malpractice suit claims that he was neither driving nor intoxicated at the time of his arrest but was sleeping in his car without the keys in the ignition. Initially, another lawyer was appointed to represent Carter, but the lawyer retired in November 2018, and Godinich took over the case. However, Carter received minimal visits from Godinich’s team, never meeting the lawyer himself. Carter made repeated attempts to contact Godinich through calls and letters but never received a response. He requested an independent test of his blood sample, advised contacting potential witnesses, and filed motions, but none of these actions were taken.
Carter’s case had high stakes as he was on parole at the time of his arrest, meaning a DWI conviction could have sent him back to prison for decades. Carter attempted to advance his case on his own, writing to the court about his inability to discuss the case with his lawyer and filing multiple motions. However, his case languished, and Carter struggled in jail, experiencing physical pain from the removal of his walking cane and the fear and isolation brought by the COVID-19 pandemic.
Finally, on February 15, 2022, after more than three-and-a-half years in jail, Carter informed the judge that Godinich had never heard his side of the story. When Carter explained the circumstances of his arrest and the significant delays in testing, his case was dismissed. Carter learned of the dismissal from the bailiff, as his own lawyer never informed him. Godinich filed for payment for only eight hours of work, despite representing Carter for three years.
Upon his release, Carter faced a vastly different life. He had fallen behind on payments for his car, home, and credit card while in jail, and his wife had passed away without him being able to attend her funeral. He now lives with his sister due to financial constraints. The malpractice complaint emphasizes that Carter lost everything due to Godinich’s deficient representation.
The appointment of private lawyers by judges for indigent cases in Harris County, rather than utilizing the public defender’s office, has raised concerns. Private lawyers often take on excessive caseloads to maximize their income, and a study indicated that campaign donations to judges influenced the number of cases appointed. Comparatively, the Harris County Public Defender’s Office demonstrated better performance in achieving dismissals, deferred sentences, and acquittals.
The appointment system is particularly concerning in death penalty cases, as private lawyers may juggle numerous cases simultaneously. In 2018, Godinich was assigned to work on 583 felony cases, one misdemeanor, six felony appeals, and 14 capital cases. Guidelines recommend that lawyers handling capital cases have no more than five active cases at a time.
Godinich’s history of high caseloads dates back to 2009 when two of his death row clients lost their federal appeals due to missed filing deadlines. Despite this, judges continued to assign him numerous indigent cases each year.
The malpractice suit filed by Carter highlights the lack of basic representation he received from his attorney while he remained incarcerated. It also raises concerns about taxpayer money being paid to Godinich despite the inadequate representation provided. Geoff Burkhart, the executive director of the Texas Fair Defense Project, expresses his disappointment in the situation and questions the large payments made to attorneys for felony representation while the public defender’s office handles only a fraction of the cases.