Monday, February 2, 2015



Rule 3.07 Trial Publicity
(a) In the course of representing a client, a lawyer shall not make an extrajudicial statement that a reasonable person would expect to be disseminated by means of public communication if the

lawyer knows or reasonably should know that it will have a substantial likelihood of materially

prejudicing an adjudicatory proceeding. A lawyer shall not counsel or assist another person to

make such a statement.

(b) A lawyer ordinarily will violate paragraph (a), and the likelihood of a violation increases if

the adjudication is ongoing or imminent, by making an extrajudicial statement of the type

referred to in that paragraph when the statement refers to:

(4) any opinion as to the guilt or innocence of a defendant or suspect in a criminal case

or proceeding that could result in incarceration; or

Click for Rules

Sometimes mistakes are just that - so you try and provide the person an opportunity to correct their mistake.

Luis Saenz just is not going to do the right thing - he is determined to hang himself.  It is his nature.

On the Lowkes contract deal my headline made clear it was bad for him.  But rather than jump to the conclusion that he was party to it, I provided him an opportunity to give a statement and fire those responsible - he chose to do neither.  Yes, firing the responsible parties would have put him in the position of admitting his office screwed up and in the process cost him political capital.  But people already know that he screwed up.  By not firing the responsible party within his office he made it worse.  Now he owns the entire screw up as his own.  Compounding all of this is his decision to force the AG to order him to release the local agreement among law enforcement concerning the disposition of the 8 Liners.  He is determined to destroy himself and in the process his office.

When the story of Jo Anne Cisneros broke I first heard it on Valley Central and then read it on his FB page.  I saw a problem with the FB post and gave his office a chance on January 29. 2015, to fix it.  Saenz being the self destructive person he is said no - never.

"A Grand Jury Wednesday indicted Brownsville woman Joanne Cisneros, 36. Cisneros stole more than $80,000 while working as the office administrator for Justice of the Peace Tony Torres. "

The highlighted part is a declarative statement.  It is therefore a declaration of guilt.  It is a clear violation of the rules of professional conduct.


In recent weeks if you look to his stubbornness on the Lowkes contract and now this, it is clear he will not take action to correct mistakes or even admit to them.  Saenz's low self esteem which is the seed for his ego makes it impossible for him to do the right thing.  After this many screw-ups, he has lost it - hence - spinning out of control.

In preparing for this post I read numerous articles wherein judges have declared such conduct by the DA extremely poor judgment, a basis for transfer of venue, and in some cases outright dismissal of the case.  This is a high profile case, which means a lot more people would have read his FB post than normal. 

The consensus among ethics opinions and law review articles is, it is poor judgment for a DA to have a FB page, or participate in Social Media.  It is recommended that press releases should be general while staying away from claims of evidence.

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