A veteran criminal defense attorney is coming under fire in a legal malpractice suit initiated by the Texas Fair Defense Project (TFDP), a nonprofit organization aiming to protect indigent defendants. The suit pertains to the case of Michael Carter, a man who lost everything while incarcerated for over three years on a subsequently dismissed driving while intoxicated charge.
Carter’s court-appointed attorney, Jerome Godinich, is accused of neglecting the case throughout its proceedings and following its dismissal. The case now serves as a focal point for the TFDP to shine a light on the unreasonable caseloads carried by defense attorneys in Harris County, Texas.
According to TFDP executive director Geoff Burkhart, “Mr. Carter sat in jail for years without receiving even basic representation from his attorney,” goading the question of attorney oversight in Harris County where, outside of the public defender’s office, little seems to exist. Despite over $30 million in payments to attorneys for felony representation last year, the calls for a robust, independent public defense system in the county persist.
There is no response from Godinich to these allegations, though past complaints regarding excessive caseloads and struggling local courts have been featured in Houston Chronicle reports.
At the centre of Carter’s complaint are allegations of missed deadlines in death penalty cases and an unattended client sentenced to death after an eight-year hearing period. Godinich reportedly never met his client until just prior to the trial and conducted little investigation.
Notably, the Carter case began in 2018 following his discovery by a police officer while sleeping in his car, not driving with keys in the ignition. During his years of incarceration, Carter’s life fell apart – his wife passed away and he struggled with homelessness and financial difficulties, losing his home, truck, and employment opportunities.”
As Godinich faces increasing scrutiny, it is clear that concerns about overworked defense attorneys and inadequate representation persist, sparking mounting debate over attorney oversight and the need for effective public defense systems.