Jackson Walker Moves to Depose Ex-Bankruptcy Judge Over Romance

A former judge tied up in a scandal over his relationship with a onetime Jackson Walker LLP partner moved to prevent the Texas law firm from asking him key questions about the romance.

David R. Jones, a former Houston bankruptcy judge, told a court Thursday that Jackson Walker is looking to depose him on a series of topics related to his previously-secret relationship with attorney Elizabeth Freeman. Those topics include who he told about it, whether he doled out any special treatment to the firm or Freeman, and whether other firm employees knew about the connection.

Jackson Walker regularly represented clients in large bankruptcies before Jones before he resigned last year.

“Jackson Walker believes that testimony by former Judge Jones will shed light on the crucial issue of whether anyone at Jackson Walker (aside from Ms. Freeman) was aware of the relationship,” the firm said in a document filed Thursday in the US Bankruptcy Court for the Southern District of Texas.

Jones, who announced his resignation in October after the relationship became public, was once the most popular judges in the country for large Chapter 11.

The deposition fight is the latest development in the scandal related to Jones and his relationship with Freeman, who was also Jones’ former clerk. Jones recently hired star litigator David Boies to represent him in litigation related to his concealment of the relationship.

Jones said he plans to not comply with Jackson Walker’s request until he receives instructions from the court, according to an email sent to Houston Bankruptcy Judge Eduardo V. Rodriguez dated June 26.

“Inasmuch as Ms. Freeman has admitted the existence of a relationship, all other identified matters appear to be intended only to harass, embarrass, and be unduly invasive of the functioning of the courts, or covered by the judicial and mediation privileges,” Jones said.

Former judicial officers like Jones can send direct correspondence to a judge on issues related to testimony and production of records, Rodriguez said in an order filed alongside the Jones email Thursday. However, Rodriguez said it would be “wholly inappropriate” to not let Jackson Walker respond to Jones’ request before he decides whether to stop the firm from deposing Jones.

The dispute is occurring in front of Rodriguez, who is handling pre-trial issues related to a government push to claw back at least $13 million from Jackson Walker in more than 30 bankruptcy cases.

Jones approved millions in legal fees for Jackson Walker while it employed Freeman.

Jackson Walker is also seeking to ask questions about judicial mediation Jones conducted with Freeman present, Jones’s attendance at social events related to mediation, any bias he may have shown toward Freeman or Jackson Walker, and Jones’ understanding over Jackson Walker’s “popularity as local counsel,” according to court documents.

Jackson Walker often teamed up as local counsel with major national law firm Kirkland & Ellis to bring large, complex Chapter 11s to the Southern District of Texas bankruptcy court.

A Jackson Walker spokesman declined to comment. Jones and two of his attorneys on separate cases didn’t immediately respond to a request for comment.

Jackson Walker is represented by Rusty Hardin & Associates LLP and Norton Rose Fulbright US LLP.

Jones is represented in this action by Quinn Emanuel Urquhart & Sullivan LLP.

The case is Professional Fee Matters Concerning the Jackson Walker, Bankr. S.D. Tex., No. 23-00645, order 6/27/24.