Saturday, November 22, 1997
Former Taylor County judge disbarred
By ANTHONY WILSON / Abilene Reporter-News
The State Bar of Texas has disbarred former Taylor County Judge
James McMillon and ordered him to pay $39,517 for mishandling
his clients' cases and financial accounts.
McMillon's 21-year legal career ended Thursday when the judgment
was delivered to his legal counsel.
McMillon, the county's judge from 1979-85, did not return phone
messages Friday. He has declined comment throughout a string of
legal and ethical woes the past two years.
Those familiar with McMillon's bungles declared the revocation
of his law license a just punishment.
"Given the history of his conduct and the fact lesser
sanctions did not seem to do the job, there was no other alternative,"
said Abilene City Attorney Sharon Hicks, a member of the grievance
panel that judged him.
"We're self-policing," she continued. "We have
to do our best to protect the credibility and reputation of our
profession."
The three-member panel based its decision on testimony from
a 5-1/2-hour hearing last month. It found McMillon guilty of professional
misconduct on each of the four charges leveled against him:
n That from 1993-95 he failed to file a warranty deed that
cost a client $26,041.
n That he failed to properly maintain two trust accounts and
repeatedly dipped into the funds for his own use.
n That he entered into an unfair business transaction with
a client without her knowledge or consent.
"It was a little more than incompetence," said Austin
attorney Rick Yeager, who is involved in the latter case. "He
knew what he was doing."
The State Bar launched its probe of McMillon after Yeager's
client discovered the attorney had loaned himself $50,000 from
an estate he was managing for the man's elderly, incapacitated
mother.
Though McMillon eventually repaid the loan, he made no payments
until the son discovered the debt.
"These were serious violations," said Bill Garrett,
the State Bar's assistant disciplinary counsel. "There's
a sacred trust when you're dealing with other people's money.
Most people would consider this theft.
"I felt this was the only sanction available," he
added. "We were trying to protect the public."
The State Bar's public reprimand of McMillon just two years
ago played into the disbarment decision, Garrett and Hicks said.
In that case, McMillon failed to notify the Episcopal Church
of the Heavenly Rest for five years of a $150,000 gift from a
deceased client's estate.
McMillon's bankruptcy trial in August also revealed he loaned
his brother $3,500 and two businesses $6,500 from the estate,
bought an $84,000 annuity on his life with estate funds, neglected
to forward oil royalties to the woman's heir and failed to provide
a complete inventory and accounting of its assets.
Railing about the attorney's "self-dealing," U.S.
Bankruptcy Judge John C. Akard ordered McMillon to repay the estate
$68,085 in principal owed and attorney's fees, plus court costs
and post-judgment interest. Akard further ordered McMillon pay
three times that total amount in exemplary damages.
McMillon's notice of appeal in the bankruptcy case was filed
in Abilene federal court Thursday. He is representing himself.
"There's just no excuse," said Clinton Nix, the plaintiff's
attorney in the bankruptcy case. "Attorneys have enough problems
as it is. If some can't abide by the standards, they shouldn't
be practicing law."
The State Bar is demanding McMillon pay $26,041 in restitution
to former client Marjorie Bratcher by submitting monthly payments
of $553 beginning next month. The bar also wants the repayment
of $13,476 in attorney's fees to its disciplinary counsel by November
1998.
Though the State Bar can't enforce the order, McMillon must
pay the debts if he hopes to ever win back his law license. He
can apply for reinstatement to the bar in five years, though he
must offer a compelling case.
In the next month, McMillon must notify all his current clients
of the disbarment and return to them all files, papers, property,
retainers and unearned money. He also must notify every court
in which he has matters pending.
McMillon can appeal his disbarment with the State Bar within
30 days, though Garrett said he would bear an extremely heavy
burden of proof to reverse the decision.
"It was difficult in that it grieved me that one of our
profession got to this point," Hicks said. "This was
the only decision. I'm sorry for his livelihood, but he had opportunities
to correct himself. His livelihood has to be weighed against the
protection of the people he's serving."
Hicks recalled McMillon blamed his performance on bad allergies
and asthma. She called the excuse "incredible and implausible."
The State Bar averages 30 disbarments per year.
McMillon's is believed to be the first of an Abilene attorney
since 1976. Bob Ford was disbarred 21 years ago after he was convicted
of conspiring to deal $16 million of valueless stock.
McMillon was elected county judge in 1978 at age 28. While
in office, he ruled on probate matters such as the ones he botched
while in private practice.
Send a Letter to the Editor about This
Story | Start or Join A Discussion about This Story
Send the URL (Address) of This Story
to A Friend:
Copyright ©1997,
Abilene Reporter-News / Texnews / E.W. Scripps Publications
|
