U.S. District Court Judge Frank Montalvo issued a ruling Thursday disqualifying lawyer Mary Stillinger from representing three clients who the government has called “targets” of an ongoing investigation by the FBI into government corruption.

Stillinger responded by filing a Motion for Miscellaneous Relief, asking for clarification of whether she can meet with her clients to advise them of the situation.

The government was seeking to disqualify Stillinger from representing Ysleta School Board Trustee Milton “Mickey” Duntley, El Paso School Board Trustee Charles Roark, and former NCED Chief Operating Officer Ernie Lopez.

While granting the government its motion, the court order did concede Stillinger one point. She had argued that the government improperly filed its case under the number used in the guilty plea of Travis Ketner, the former chief of staff for County Judge Anthony Cobos.

Montalvo ordered the court clerk to create a "new, miscellaneous cause of action, assigned to this Court."

However, wrote Montalvo in his opinion, "turning now to the merits of the Government's nderlying Motion to Disqualify, the Court concludes it should grant the aforesaid motion in its entirety.

“The Court will accordingly disqualify Stillinger from simultaneously or serially representing Roark, Duntley and Lopez in any matter substantially related to the above-captioned cause or associated criminal investigation,” states the ruling.

The ruling orders Stillinger to "immediately terminate her representation of Charles Roarke, Milton “Mickey” Duntley, and Ernie Lopez and return any unearned fees.”

Ketner admitted to taking part in a conspiracy to defraud El Paso County by fraudulently securing vendor contracts.

It was during the investigation that led to Ketner's plea that the government developed information that it used to argue that Stillinger's clients were "targets."

Stillinger's five-page response to Montalvo's motion asks that the judge clarify "she may meet with them to advise them of the content and consequences of the Court's order, and advise them of their options with respect to retaining new counsel or appealing the Court's order.

"This consultation is essential to preserve the clients' rights."

Also, writes Stillinger, "the Court should be advised that Ms. Stillinger has no unearned fees with respect to any of these clients, and would not bill them for this consultation."

Stillinger also questioned whether the order means her clients cannot use her to appeal the ruling.

"Further, Counsel is concerned that the Government in this interim period would take advantage of the lack of counsel for these three individuals. Counsel is requesting that the Court Advise the Government not to have its agents attempt to communicate directly with any of these three individuals for a reasonable period of time," Stillinger wrote.

For background, read these NPT stories.
[July 5 Document review]

[July 19 update]

Read the 28-page ruling and the five-page response (follow links at bottom of page).

Related Documents: