Senior judge tosses out contempt finding against Lubbock criminal-defense attorney

Without holding a hearing, Senior Judge Paul Davis of Austin today signed an agreed order in which he finds Lubbock criminal-defense attorney Ben Webb (pictured) not guilty of contempt. On June 11, 140th District Judge Jim Bob Darnell held Webb, an associate with the Hobson Law Firm, in contempt for refusing to testify in former client Donald Johnson’s trial. According to a transcript of the June 11 hearing, Webb refused to answer a prosecutor’s questions about the former client during the punishment phase of the trial in State v. Johnson because Johnson had asserted attorney-client privilege. Kelly Moore, presiding judge of the 9th Administrative Judicial Region, assigned Davis to the case after Webb requested a hearing on the contempt finding. As noted in the agreed order in Ex Parte Webb, Davis also invalidated Darnell’s order requiring Webb to refund his court-appointed fee for representing Johnson. Webb says the Lubbock County Criminal District Attorney’s Office and Rod Hobson, Webb’s attorney, negotiated the agreed order that Davis signed. Neither Criminal District Attorney Matt Powell nor Darnell immediately returned telephone calls for comment. Webb says he is just glad the ordeal is over. “I always thought I did the right thing, but it’s good to be vindicated,” Webb says.
-- Mary Alice Robbins

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