David Pierce, Attorney at Law
David Pierce is an El Paso attorney, married to Judith Pierce. He and Judi have been accused by Homeowner X of creating a hostile environment within the El Mirador Homeowners Association, Inc. subdivision in Santa Teresa, New Mexico. Homeowner X has further alleged that the Pierce's are acting with the support of various members of the Association's leadership, such as Henry Trost and Richard Doyle. The Association provides the Pierce's with confidential documents that EMHA has in its possession which are related to the homeowner.
Recently, David Pierce sent a cease and desist letter threatening Homeowner X with, among other things, criminal consequences for disseminating information that the homeowner believes is evidence of wrongdoing. Pierce used, as purported evidence, a confidential homeowner document that EMHA demanded from the homeowner under threat of legal suit.
David Pierce, and his wife Judith, also have made statements intended to demonize Homeowner X, such as that he has a criminal record. David Pierce was arrested for Driving While Intoxicated (DWI) in El Paso, Texas in May 2015. His case was referred for prosecution, but was eventually dismissed after a series of resets occurring over more than a year. To repurpose a phrase that Judi Pierce made about Homeowner X, her husband David is "no stranger to law enforcement."
The homeowner suspects that David Pierce still drives under the influence on a near daily basis, based on personal observations. The homeowner has witnessed Pierce, on many occasions, to be in what he considers a state of intoxication. Pierce religiously carries a drinking cup with him that the homeowner suspects contains alcohol.
There have also been several times Homeowner X overheard the Pierce's arguing loudly in their back yard about pills. Apparently David and Judith takes some type of prescription medication, and his intake often exceeds his supply. This apparently creates friction between him and Judith as she becomes angry when he makes her give him her medication. It is a violation of federal law to dispense prescription medication without a license. If either one has a prescription for controlled medications, their doctors would likely cease issuing prescriptions if they were aware of the drugs being shared or otherwise abused.
In what appears to be a clear example directly related to this issue, a review of the following video will show what seems to be a conspiracy between David Pierce, his wife Judith Pierce, and her daughter Brittany Smith to obtain medication, of a type prohibited for import, from Ciudad Juarez and secure its transport into the United States. After the medication has been brought across the border, they discuss shipping the medication to Annapolis, Maryland via FedEx Overnight.
The federal government and the states of New Mexico and Maryland all have laws criminalizing conspiracies. New Mexico has Section 30-28-2 NMSA 1978, Maryland seems to tie conspiracy to the specific crimes attempted, MD Code, Criminal Law § 1-202, and 18 U.S.C. § 371 is the federal conspiracy statute. It is unclear whether the conversation might run afoul of Texas Penal Code § 15.02. Criminal Conspiracy. It would be almost certain for a small amount of drugs which can be easily purchased in Juarez, but that are illegal for import into the United States, to enter through one of the border crossings in El Paso, Texas.
EXAMPLES OF OVERHEARD CONVERSATIONS
Below are what appear to be good reasons that attorneys should not engage in loud conversations outside, where they have no expectation of privacy. It seems that alcohol and drugs compound such situations, in that they disinhibit the users, making it more likely for behaviors normally suppressed to be displayed while intoxicated. It would seem apparent to almost anyone that consistently engaging in this type of behavior is irresponsible.
Hugo Madrid, former partner Pierce & Madrid, P.C.
- Both David and Judith Pierce have expressed a belief that Hugo Madrid is incapable of being successful at Scott Hulse Law Firm.
- Judith has expressed her belief that Hugo is not smart enough to handle complex cases that David has, such as "Fenenbock".
- David has expressed his belief that Hugo is not well suited to handle complex cases, such as "Fenenbock," but does not go so far as Judith in claiming Mr. Madrid is not as smart as David.
- Judith has expressed her belief that Hugo will struggle greatly as a lawyer without the help of David Pierce.
An alcoholic or drug addicted attorney may be committing professional misconduct
- David Pierce seemingly violates attorney-client privilege by speaking recklessly about client cases, such as Dori Fenenbock's, in an apparent state of intoxication or under the influence of drugs, and in a non-private setting.