Opinion
No. CR 09-1355-02-PHX-NVW.
August 22, 2011
ORDER
By ex parte sealed order on March 28, 2011, (Doc. 130) the Court previously granted Defendant's Ex Parte Motion for Approval of Mitigation Services (Doc. 129) for authorization of Southwest Litigation Support, LLC, to render such services, not to exceed $2,400.00. On July 22, 2011, the Court vacated that order upon receiving information that Southwest Litigation Support, LLC, is in fact Mr. Jameson Johnson and that he is a convicted felon, which was not disclosed to the Court (or to Defendant's counsel). (Doc. 149.) Though no person has any entitlement to provide services or to receive compensation in Criminal Justice Act appointment cases or right to notice or hearing concerning removal from CJA appointment, by ex parte sealed order of August 9, 2011, the Court invited Mr. Johnson to provide by August 19, 2011, any information that he wishes concerning whether he is a convicted felon and failed to disclose it to the Court. Mr. Johnson was warned that if he did not timely respond to the invitation or if the Court concluded after a response that he is a convicted felon and that he did not disclose it to the Court, the Court was contemplating filing on the public record an order so finding and confirming removal of Mr. Johnson and his company in this case. The ex parte sealed order of August 9, 2011, attached copies of two judgments of criminal conviction under the name of Jimmy Carroll Johnson, for which related documents show a date of birth and social security number the same as Mr. Jameson Johnson has used. Copies of those two judgments are also attached to this order. That time has expired, and Mr. Johnson has filed nothing.
Having considered the information in the two attached judgments of conviction and Mr. Johnson's failure to dispute that information, the Court concludes that Mr. Jameson Johnson is the same Jimmy Carroll Johnson who is the subject of the two judgments of criminal conviction attached to this order. The Court further finds that he failed to disclose those convictions to the Court (or to Defendant's counsel) in connection with seeking and obtaining, by and through Defendant's counsel, authorization to provide and be compensated for mitigation services under the Criminal Justice Act.
Motions and orders concerning court authorization for providers to indigent defendants under the Criminal Justice Act are routinely filed ex parte and under seal. The justification for that lack of public notice is criminal defendants' strategic interests of privacy in the defense of their cases. However, this order does not implicate that purpose, as it is apparent that Defendant is seeking mitigation information and will argue for mitigation of sentence based on her circumstances. This order does implicate broader public interests in transparency of court proceedings that would be defeated if this order were filed under seal. Therefore, after careful deliberation, the Court has concluded that this order must be filed in the public record of this Court.
The Court has not yet made a determination whether Mr. Johnson is entitled to be paid for services provided before the order of appointment was vacated if such payment is sought in the future.
IT IS THEREFORE ORDERED that the Order (Doc. 130) filed March 28, 2011, appointing Southwest Litigation Support, LLC, as mitigation specialists in this case is vacated.
IT IS FURTHER ORDERED that Southwest Litigation Support, LLC, and Mr. Jameson Johnson, also known as Jimmy Carroll Johnson, are barred from providing any further services under the Criminal Justice Act in this case.Defendant.
No. CR93-0049 Dept. No. 4 IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF WASHOE * * * * * STATE OF NEVADA, Reporter: D. Phipps Plaintiff, vs. JUDGMENT JIMMY CARROLL JOHNSON, _____________) No sufficient cause being shown by Defendant as to why judgment should not be pronounced against him, the Court rendered judgment as follows:That Jimmy Carroll Johnson is guilty of the crime of Robbery With The Use Of A Firearm as charged in Count I of the Information and that he be punished by imprisonment in the Nevada State Prison for the term of three and one-half (3 1/2) years with an additional consecutive term of three and one-half (3 1/2) years for the use of a deadly weapon. Defendant is given credit for one hundred sixty-two (162) days time served. Defendant is further ordered to pay restitution to the victim in the amount of Two Thousand Thirty Dollars ($2,030.00) and a Twenty-Five Dollar ($25.00) administrative assessment fee to the Washoe County Clerk.
Dated this 18 day of May, 1993.
Exhibit