Fifth Circuit Judicial Council Clears Judge Isgur of Judicial Misconduct Allegations in Ethics Complaint Rooted in Jones-Freeman Scandal

Relevant Document:
Memorandum

A U.S. bankruptcy judge matching the description of Houston Bankruptcy Judge Marvin Isgur was cleared by the Judicial Council for the U.S. Court of Appeals for the Fifth Circuit of judicial misconduct tied to the romantic relationship of former judge David R. Jones and Elizabeth Freeman.

The misconduct complaint, brought by a pro se litigant, charged that Judge Isgur – referred to in the opinion as “Judge A” – violated his duties under the judicial Code of Conduct by failing to report the Jones-Freeman relationship, a relationship he purportedly knew of because of his “long professional and personal relationship” with Jones. The opinion refers to Jones as “Judge B.”

The opinion, penned by Circuit Judge Edith K. Jones, finds that the complaint offers no evidence that Judge Isgur had “‘reliable information’” about the Jones-Freeman relationship before the relationship became public. Rather, the complaint only presents evidence that Judge Isgur “developed a close professional and personal relationship with Judge B and that Judge A may have attended events hosted by the local bankruptcy legal community at which Judge B and the attorney may also have been present.”

However, “[i]n an abundance of caution,” Circuit Judge Jones says she contacted Judge Isgur as part of a “limited inquiry” into the matter, and Judge Isgur denies having any knowledge of the Jones-Freeman relationship prior to it becoming public. Ultimately, the circuit judge concludes that the complaint lacked sufficient evidence to raise an inference that misconduct occurred and dismissed this argument.

Prior to joining Judge Isgur on the Houston bench, Jones worked at Kirkendall & Isgur, Judge Isgur’s law firm. The two reportedly maintained a very close relationship, and Judge Isgur called Jones “my stubborn adopted son, David,” when presenting an award in Jones’ honor. Although Judge Isgur took on a subset of chapter 11 cases under Jones’ purview when Jones stepped down from the bench, Judge Isgur recused himself from matters stemming from Jones and Freeman’s relationship. In a deposition, Jones said that he and Judge Isgur had not spoken since the news of the romantic relationship broke.

In the opinion, the circuit judge finds insufficient evidence to show that Judge Isgur failed to report misconduct, disclose a conflict of interest or recuse himself. Nor does the evidence show Judge Isgur engaged in improper ex parte communications, willfully misapplied the law or failed to provide written reasons for ruling, or improperly sealed orders reassigning cases, according to the opinion. The circuit court rejects allegations of “incongruencies” between Judge Isgur’s reported income and investments.

The court also dismisses the count in the complaint alleging that Judge Isgur improperly participated in a political organization. The pro se claimant asserted that Judge Isgur was listed as a registered agent on a secretary of state filing for an entity owned by the judge’s adult child, the opinion explains. The circuit judge writes that “[w]ithout providing any supporting evidence,” the claimant alleges the entity was created to manage the child’s “political endeavors, political contributions, and generally [the child’s] main business interest as a political persona.”

Although “a judge should not act as a leader or hold any office in a political organization,” the circuit judge says, a registered agent is not a leader or officer of an entity – and serving in that role, “without more, is not sufficient evidence to raise an inference that misconduct has occurred.” Further, “Judge A reported to me that he had no recollection of being the registered agent for the entity, had no other connection to the entity, and had no knowledge of the activities in which the entity was engaged,” the opinion continues. In any event, the entity was dissolved in June 2022, the circuit judge points out.