Former bankruptcy judge David R. Jones doesn’t like answering questions about his personal life. Now, that’s not an absurd reaction, but when you’re in the midst of an ethical scandal and a $23 million lawsuit BECAUSE of a romantic relationship, well, that recalcitrance reads a bit differently.
Jones, the (now former) federal bankruptcy judge, was involved with Elizabeth Freeman, the (now former) bankruptcy partner of a major law firm — Jackson Walker — and he continued to hear cases involving that partner/law firm. That led to his resignation from the bench and a whole mess of legal issues. Freeman’s former firm is facing litigation to determine if they will have to disgorge up to $23 million in fees it collected in cases overseen by Jones.
As part of the Department of Justice’s effort to claw back those fees, Jones gave a deposition in September of last year. Bloomberg Law reports Jones was “combative” and exercised his right against self-incrimination 100+ times, including in response to such basics as his highest level of education and if he’s a licensed attorney.
Jones cited his Fifth Amendment right when asked if his romantic relationship with Freeman started while she was at the Texas firm Porter Hedges LLP. He again cited the Fifth Amendment when initially asked if he and Freeman had a financial relationship, but also said no such arrangement existed.
During the tense deposition, Jones retorted that the government was “crawling through his personal life.” He also took the position that Freeman was not a part of his “household” (if so, he would have been required to recuse himself from cases involving Freeman or Jackson Walker) despite putting Freeman on the deed to his house.
Another topic that was hotly discussed was a conversation Jones had with Jackson Walker bankruptcy partner Matthew Cavenaugh about his relationship with Freeman.
During the one-on-one conversation with Cavenaugh, Jones said he alone was required to disclose the relationship with Freeman—not the firm. He gave Cavenaugh a proposed disclosure that described Freeman as Jones’ former law clerk and said they maintained a “close personal relationship” but didn’t acknowledge the romance nor their shared ownership of a home.
Jones said if Cavenaugh was going to disclose a connection between the judge and Freeman, he wanted it to be “complete.” Jackson Walker ultimately declined to use Jones’ suggested language.
Jones said he was trying to prevent Cavenaugh from “getting himself in trouble by making a disclosure about Freeman and not making a full disclosure about everyone.”
“In retrospect, I never should have done it,” Jones said. “I was trying to help.”
The former judge also said that during the 2022 conversation, he “in a joking manner” may have told Cavenaugh that if he were to forced to disclose anyone he “ever slept with, that could be a problem.”
“I probably did say something like that, probably totally inappropriate,” Jones said. “But I probably said something like that because I thought this was ridiculous.”
Jones also denied that he gave preferential treatment to Jackson Walker, “I never favored anybody over anything. I did what I thought was right.”
Something tells me Jones’s word alone isn’t going to be enough to end the legal matters his romantic relationship wrought.
Earlier: Who Knew What When? The Latest In The Judge/Partner Romantic Scandal Rocking The Legal World
You Have To Read The Texts Uncovered In The Judge/ Biglaw Partner Romantic Scandal
Federal Judge Slams Biglaw Firm, Says Firm ‘Defiled The Very Temple Of Justice’
Biglaw Firm Still Paying The Price For Former Partner’s Romantic Scandal
Scandal-Ridden Former Federal Judge Seeks To Squash Lawsuit That Started It All
The Wild Ethical Lapse That Led To The Resignation Of A Top Bankruptcy Judge
Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter @Kathryn1 or Mastodon @[email protected].
