Judge Easy: Will local lawyer get disbarred?

By Gregg Wendorf
Advance News Journal

With regard to disbarred attorneys, boy, was I off the mark.

“So, what else is new?”

Thanks.

As I was saying, I was under the impression (off the mark) that if a licensed attorney in Texas is convicted of a felony, he or she automatically loses their law license.

Not true. Apparently, the State Bar takes it case by case, based on what the offense was, who you know.

Just kidding about the “who-you-know” part, although maybe not. No way of knowing.

Turns out, an attorney who is convicted of a felony in Texas can retain his or her law license, but it’s not automatic. The State Bar will review the conviction and determine whether the attorney poses a threat to the public or the legal profession. If the State Bar determines that the attorney’s conviction poses a threat, they may suspend or disbar the attorney’s law license.

The question of disbarment came up recently when I wrote last week’s column about McAllen-based Attorney Angela M. Villarreal, who pled guilty to intoxication manslaughter two months ago, and was then handed a sweetheart deal in the Hidalgo County Courthouse (the old one; the new one still isn’t open) by state District Court Judge Mario E. Ramirez, Jr.

Villarreal became licensed to practice law in Texas in Sept. 2022 after graduating from law school two years prior. Why she waited two years to take the bar exam, who knows.

Today, she is associated with the Law Office of Reynaldo Ortiz.

As mentioned in this column last week, Villarreal was driving drunk May 6, 2022 when she plowed her red Mazda into the rear of an SUV being driven by 62-year-old Agustin Uribe, on his way home from work.

She and her attorneys gamed the court system (Judge Ramirez’s 332nd) for approximately 16 months (multiple subpoenas, multiple motions, multiple yadas) until it was time to go to trial, and then she flipped and pled guilty in August (2023) to intoxication manslaughter with a motor vehicle, which is a second-degree felony. Judge Ramirez then did the unthinkable to the victim’s family: he handed Villarreal a 10-year probated sentence last month, tacking on to it, a $2,500 fine, $11,567 in restitution, 120 days in jail, and 360 hours of community service.

The victim’s family are now speaking out to some local media outlets, decrying the injustice of it all.

Indeed. A former McAllen assistant municipal court judge, Ramirez was first appointed to a district court (the 93rd) by then-Governor Bill Clemens in 1981. The following year, then-Governor Mark White appointed Ramirez to the newly created 332nd state District Court, where he has been seated for the past 41 years, winning reelection every four years, almost all, if not all, unopposed in the Democrat primaries.

What’s somewhat surprising about the 10-year probated sentence he handed down to Attorney Angela Villarreal is the fact that Mario E. Ramirez, Jr. is known as one of the toughest judges on the bench, in terms of sentences handed down to people facing a serious crime.

You know, like intoxication manslaughter with a motor vehicle.

Not so in the case of Attorney Angela Villarreal, though, for whatever reason.

People are free to draw their own conclusions as to why a 30-year-old woman can drive drunk (approximately twice the legal limit), plow into the rear of a county resident’s vehicle in which he is burned to death as a result of the crash, and skip serious prison time.

Ten years ago, the Hidalgo County Commissioners Court signed a resolution honoring Ramirez for his “tremendous accomplishments throughout his legal and judicial career, for his leadership and commitment, to improving the lives of youth, and for his dedication to serving the citizens of Hidalgo County and the state of Texas.”

Ramirez is expected to run for reelection next year, which is allegedly going to be his last term.

By the way, in way of comparison, the average sentence for intoxication manslaughter with a motor vehicle in Texas is two to 20 years in prison. The exact sentence will vary depending on the specific circumstances of the case, such as the defendant’s criminal history and the severity of the victim’s injuries.

Last but not least, as mentioned in this column last week, the 10 years probation handed to Attorney Angela M. Villarreal wasn’t a plea deal cut with the local DA, Terry Palacios. His office wanted Villarreal to serve serious prison time. The judge, however, decided otherwise.

Disbarred?

So, will Angela M. Villarreal remain a licensed attorney, or will the State Bar suspend her law license or disbar her from practice?

From what can be found on the State Bar’s website, the Bar will consider a number of factors when determining whether to suspend or disbar an attorney’s law license, including:

• The nature of the felony conviction

• The severity of the felony

• The attorney’s prior disciplinary record

• The attorney’s remorse and rehabilitation

• The impact of the suspension or disbarment on the attorney’s clients If the State Bar decides to suspend or disbar an attorney’s law license, the attorney has the right to appeal the decision.

There are some attorneys who lose their licenses each year in Texas due to felony convictions. In 2021, the State Bar of Texas disciplined 23 attorneys for felony convictions, and 15 of those attorneys were disbarred. In 2022, the State Bar of Texas disciplined 25 attorneys for felony convictions, and 16 of those attorneys were disbarred.

The most common felony convictions that lead to disbarment in Texas are fraud, theft, and embezzlement.

Intoxication manslaughter with a motor vehicle?

Time will tell in the case of Angela M. Villarreal.

Meanwhile, the family of Agustin Uribe must live each day trying to reconcile their grief with the sentence handed to the drunk driver who killed him.