Chief public defender grilled on leak claims
After testy exchange with commissioners, he keeps job for now
Harris County Commissioners Court let the county’s chief public defender keep his job Tuesday after grilling him about allegations that he had leaked records to attorneys suing the county over its cash bail system.
Though the court planned an executive session to discuss the accusations, which came from an investigation by the county attorney's office, members decided to question Chief Public Defender Alex Bunin in public. The sometimes testy back-andforth between the court, Bunin and defense lawyers who came to speak on his behalf lasted more than an hour and livened what normally is a staid twicemonthly engagement on the ninth floor of the county's downtown administration building.
“You have people from across the nation watching; you have people from across the state watching,” Houston defense lawyer Nicole DeBorde said. “They are all in support of Mr. Bunin and his defense of the Constitution and his clients, which he did ethically and lawfully.”
First Assistant County Attorney Robert Soard laid out the allegations against Bunin: that he leaked confidential juvenile records to bail reform advocate Jay Jenkins, improperly discussed bail hearings, and allowed Jenkins, who is not a county employee, to work out of the public
defender's office. Bunin denied the accusations and maintained that it was lawful to release all of the records he did. He also said the bail hearings he discussed are open to the public and that Jenkins has been an asset to the county because of his research on the criminal justice system.
Although Precinct 3 Commissioner Steve Radack said he placed a discussion of Bunin on the agenda so the court could fire him, members ultimately decided to refer the issue to the county’s public defender board before taking action. That decision was a blessing for Bunin after three other members of the court made clear they were troubled by the public defender’s actions. Only Precinct 1 Commissioner Rodney Ellis voiced support for Bunin.
Emails to TV shows
Judge Ed Emmett was irked that Bunin had not come to the county’s juvenile board, which Emmett leads, with concerns about the treatment of defendants and instead turned to Jenkins, the bail reform advocate.
“In eight years, you’ve never brought that subject to me?” Emmett said.
Emmett then read excerpts of emails from the public defender’s office that were part of the county attorney’s investigation. They included inquiries sent by a producer from a television program on the BET network and another from the late-night program “Full Frontal With Samantha Bee.” Though Bunin ultimately did not work with either show, Emmett became exasperated when the public defender refused to say that doing so would be a waste of county resources.
“Is it appropriate for your office to work with producers of television shows during county hours, on county equipment, for things that really aren’t necessarily county-related?” Emmett asked.
Bunin said they were relevant if they were about issues that benefited poor defendants. Later, when Bunin responded to a question by stating that the Harris County juvenile justice system unfairly punishes some minors, Emmett said tersely, “You’re willing to take things to Samantha Bee, but you’re not willing to bring them to me? Really?”
Several court members focused on an allegation made by the county attorney’s office that Bunin released 78 juvenile records that revealed the names of defendants. Bunin ackowledged inadvertenly releasing some records, but disputed Soard’s number. Precinct 4 Commissioner Jack Cagle grew frustrated that Bunin repeatedly dodged his question about wheather the public defender was comfortable with his office releasing those records. Bunin merely said the release of the information was lawful. Cagle, a former county civil court judge, later said defendants who are minors deserve more protection than those who are adults.
“There is a special sacredness that we have for juveniles so that later in life their names will not be drug through the mire of, perhaps, youthful indiscretions,” Cagle said.
Radack, who first shared the allegations with the Chronicle last week, alleged that Bunin had “ruined the reputation of kids” when they became adults since their juvenile records were made public.
“The fact of the matter is, at the least, this is shady,” Radack said.
Bail reform backlash?
Commissioner Rodney Ellis said, as many of Bunin’s allies have claimed, that court members are more upset about the public defender’s role in the landmark bail lawsuit against the county than his release of juvenile records.
Since 2016, Harris County has fought a federal lawsuit brought on behalf of poor defendants arrested on low-level offenses, who say the county’s cash bail system is unconstitutional because it keeps defendants in custody only because they are poor. A federal judge agreed, and her ruling largely was upheld by the 5th U.S. Circuit Court of Appeals. The county and the lawyers for the poor defendants will return to court Thursday to work out a framework for how a new bail system will work.
Bunin was one of several county officials, including District Attorney Kim Ogg and Sheriff Ed Gonzalez, who filed affidavits in the lawsuit in support of the plaintiffs.
“Everybody knows … the elephant in the room is the bail case,” Ellis said.
Precinct 2 Commissioner Jack Morman, who participates in discussion the least of any court member, shot back, “I couldn’t disagree more.”
A parade of Harris County defense lawyers formed a line that stretched to the back of the court chamber to speak in Bunin’s favor. Mac Secrest, a lawyer who serves on the county’s public defender board, praised Bunin’s work leading the public defender’s office. He told the court that Bunin’s job helping poor defendants while other county departments are tasked with enforcing the law naturally leads to conflict. Advocating on behalf of clients, Secrest said, should not be construed as improper behavior.
“By definition, what he does in support of his clients, from time to time, is going to rub you the wrong way,” Secrest said.
Bunin is the only chief public defender Harris County has had since Commissioners Court established the office in 2010.