An El Paso public defender is refusing to hand over to a county judge the names of clients in cases in which a discredited medical examiner testified.

In a column for the El Paso Times, County Judge Anthony Cobos challenges Clara Hernandez' contention that she can keep the names of her clients secret because of attorney-client privilege and because she would violate state ethics laws.

Joe Larsen, a specialist on ethics and open records issues for the Freedom of Information Foundation of Texas, says none of her claims is legitimate. 

Cobos says he wants the opportunity to review cases in which former El Paso medical examiner Paul Shrode played a role. The El Paso County Commissioners Court fired Shrode in May after the death sentence of a man in Ohio was changed to life in prison after Shrode's scientific testimony in the 1997 case was discredited. Officials were aware as early as 2007 that Shrode had given differing resumes to three employers and claimed professional credentials he does not have.

Cobos says the public has the right to know if Hernandez, who earns $161,000 in a nearly $5 million office funded by taxpayer dollars, had served her indigent clients by challenging Shrode's expertise in their cases.

As County Judge, I have an obligation to ensure that we have a Public Defender who does her job and who is accountable to the public.

Is Hernandez doing her job when she fails to attack the credentials of Shrode? Is Hernandez doing her job when she says she is not accountable to the non-lawyers who are responsible for hiring her?

Of course, she is. She works for you, the taxpayer.

Contact Mark Lisheron at 512-299-2318 or mark@texaswatchdog.org.