Harris Co. judge accused of offering break to defendant for sex Judge indicted in sex favor case

He is accused of offering to assist a defendant in exchange for ‘more than a one-night stand’

Donald W. Jackson will plead not guilty at his court appearance, his lawyer says. Donald W. Jackson will plead not guilty at his court appearance, his lawyer says. Photo: Harris County Sheriff's Office Photo: Harris County Sheriff's Office Image 1 of / 1 Caption Close Harris Co. judge accused of offering break to defendant for sex 1 / 1 Back to Gallery

A Harris County Criminal Court-at-Law judge was indicted Thursday on a misdemeanor charge of official oppression, accused of offering to get a DWI defendant in his court help getting her case dismissed in exchange for a sexual relationship.

According to the indictment, Judge Donald W. Jackson, 59, offered to get the young woman “a different attorney to get her case dismissed if she would be interested in the defendant and enter into a relationship with him that was more than a one-night stand.”

If convicted, the 17-year judge could face up to a year in jail and a $4,000 fine.

Although only one incident is alleged, prosecutors said Jackson committed the offense in three possible ways on Feb. 19: unwelcome sexual advances, a request for sexual favors and verbal conduct of a sexual nature.

The subject of the judge's alleged actions, Ariana M. Venegas, was charged with driving while intoxicated on Feb. 1 and her case ended up in Jackson's court. The 27-year-old Tomball woman gave a Harris County grand jury a sworn affidavit and is cooperating with prosecutors in the case, her attorneys said.

Her lawyer, Staci Biggar, was not available for comment, but Biggar's partner, Lee Guerrero, said Venegas did not want to speak publicly. It was unclear from court documents whether the alleged proposition was made in the courtroom, or if Jackson is accused of meeting with Venegas to make the offer.

Jackson's lawyer, Clay Rawlings, said Jackson would plead not guilty at his initial appearance, but he declined to comment further on the allegations.

“The district attorney's office is going to try this case in the courtroom. They're not going to try it in the press and neither am I,” Rawlings said. “I will say this: I have known Don Jackson for 17 years, and he is a friend.”

What's next

The charge was handed down amid rampant courthouse speculation fueled, in part, after Jackson recused himself from Venegas' case on June 3.

Joe Stinebaker, spokesman for Harris County Judge Ed Emmett, said County Court-at-Law Judge Jean Hughes, the administrative judge over the county criminal courts, will appoint a special judge to take over Jackson's docket.

Stinebaker said the district attorney's office will notify the Texas Commission on Judicial Conduct, which will decide if suspension is appropriate, and if so, whether the suspension should be with or without pay.

Bob Wessels, courts manager for the County Criminal Courts at Law, said Jackson was expected to remain on the county payroll drawing a $140,000 salary while the case is pending.

Jackson posted bail of $1,000. The charge, a misdemeanor, will be handled by the 351st state District Court, a felony court, because of Jackson's position.

GOP to investigate

There are 15 Harris County criminal judges, who are elected to four-year terms. They preside over misdemeanor criminal cases and appeals of misdemeanor cases from municipal and justice of the peace courts.

Jackson, a Republican appointed to Criminal Court No. 3 in 1992 after longtime Judge Jimmie Duncan retired, was a Harris County assistant county attorney for 11 years before being named to the bench by the Harris County Commissioners Court.

Since then, Jackson has won re-election four times.

Jared Woodfill, chairman of the Harris County Republican Party, said he plans to form a committee to investigate the allegations.

“Right is right and wrong is wrong, no matter which party it we're talking about,” Woodfill said.

brian.rogers@chron.com