The Texas Penal Code, Sec. 39.03 states in part: Sec. 39.03. OFFICIAL OPPRESSION. (a) A public servant acting under color of his office or employment commits an offense if he: (1) intentionally subjects another to mistreatment or to arrest, detention, search, seizure, dispossession, assessment, or lien that he knows is unlawful; (2) intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, power, or immunity, knowing his conduct is unlawful; or (3) intentionally subjects another to sexual harassment. (b) For purposes of this section, a public servant acts under color of his office or employment if he acts or purports to act in an official capacity or takes advantage of such actual or purported capacity. A sitting judge who tells a lawyer that he had better support Ms. XXX for the YYYth Family District Court or "you will never get any more appointments in my court" has grossly breached judicial ethics, but has probably not violated ... Read More >
The crime of witness tampering
The crime of tampering with a witness applies to both civil and criminal cases and can involve either offering or providing "any benefit" to the witness or acting to coerce a witness. Witness tampering can involve influencing a witness to testify falsely, influencing a witness to avoid testifying or influencing a witness to not press criminal charges. "Any benefit" is a very broad term and could include promises of money, assistance with a lawsuit or helping covering the costs of a move or vacation. Case law summarized below shows that it does not take much to be considered coercion. All lawyers should be very careful in dealing with witnesses, especially those witnesses who are crazy, who have a history of making false allegations or who tape record the promises and threats they receive about their testimony. The best practice is to tell any potential witness,"I just want you to tell the truth," early and often. Section 36.05 of the Texas Penal Code states in part: Sec. ... Read More >
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