Just which hat is it I'm wearing tonight?

Thank you so much for agreeing to be the magistrate on duty for one night of Harris County's No Refusal Weekend. As I mentioned on the phone, we're asking for coverage on your night from 2-5am. We'll be running No Refusal on Thurs Dec. 17, Fri Dec. 18 and Sat Dec. 19. I'd be happy to mark you down for whichever night works best for you.

Between emails and faxes, I'm hoping that the process is stream-lined enough to make this a minimal inconvenience.

E-mail from Assistant District Attorney Catherine Evans to criminal defense attorney and El Lago Municipal Judge, Robert Barfield dated 12/8/2009.

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My wife and I are going to *** for Christmas with her family and I am having Christmas with my family early the weekend of the 18th.

I will not be able to help with this no refusal weekend.

E-mail from Robert Barfield to Catherine Evans dated 12/14/2009.

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Thank you for checking your schedule, and I appreciate your willingness to help out. Have a happy holidays.

E-mail from Catherine Evans to Robert Barfield dated 12/14/2009.

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I wonder if Mr. Barfield has informed any of his clients that he works hand-in-hand with the Harris County District Attorney's Office to coerce motorists to blow into the state's breath test machine under threat of forcible blood draws. I wonder if he has any compunction about playing both sides of the fence.

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Can you do any of the following nights? Dec 26, Dec 31 or Jan 1?

E-mail from Catherine Evans to criminal defense attorney and El Lago Municipal Judge Peter deLeef  dated 12/21/2009.

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26 th

E-mail from Peter deLeef to Catherine Evans dated 12/22/2009.

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You're awesome! Thank you!!

E-mail from Catherine Evans to Peter deLeef dated 12/22/2009.

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You prefer to go down to intox right?

E-mail from Catherine Evans to Peter deLeef dated 12/22/2009.

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This is as Christmas day turns to midnight

E-mail from Peter deLeef to Catherine Evans dated 12/22/2009.

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Yes.

E-mail from Catherine Evans to Peter deLeef dated 12/22/2009.

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tonight right

E-mail from Peter deLeef to Catherine Evans dated 12/25/2009.

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No. Tomorrow night.

E-mail from Catherine Evans to Peter deLeef dated 12/25/2009.

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Sorry, I'm a total dork and realized that I double-booked you and [Judge Jay] Karahan for tonight. If you can do it tomorrow night (technically 2-5am on the 27th) that's great. Otherwise, we'll take the warrants to the magistrate. Sorry!!

E-mail from Catherine Evans to Peter deLeef dated 12/25/2009.

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I will do it tomorrow the 27th.

E-mail from Peter deLeef to Catherine Evans dated 12/25/2009.

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Thank you! Now I really, really owe you!

E-mail from Catherine Evans to Peter deLeef dated 12/25/2009.

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Again I must ask whether Mr. deLeef has disclosed to any of his clients that he has worked side-by-side with the HCDAO in securing blood warrants on "No Refusal Weekends." How many warrants has he signed? Did he see any conflict of interest between his volunteer work for the HCDAO and his criminal defense practice?

In both instances we have attorneys who hold themselves out at criminal defense lawyers but whose work on the side brings them into direct contradiction with their duty as criminal attorneys. Our job is to defend the Constitution and the Bill of Rights, not to play footsy with prosecutors seeking an end-run around them.