State Bar monitoring investigation of ex-public defender’s jail conduct

“She had to resign,” said Public Defender Phil Kohn. “She’s no longer allowed in the jail. That’s what led to her resignation.”

Jail personnel reportedly discovered Roundtree and inmate Paul Salas, Jr. having sex in a visiting room.

Salas, a convicted sex offender, recently pleaded guilty after being charged as an ex-felon in possession of a firearm. Attorney David Scheick, the special public defender who normally handles death penalty cases, took on Salas as a client after Kohn hastily withdrew the public defender’s office from the case. Salas is scheduled to be sentenced today . Roundtree could not be reached for comment Wednesday.

Kohn remains stunned by the alleged jailhouse interlude, saying Roundtree had been an “outstanding attorney.” He described Roundtree as “intensely private” and said she has never discussed the allegation with him.

“I don’t know whether it’s true or not,” he said, “but I do know you can’t do your job if you’re not allowed in the jail.” Roundtree has been a member of the State Bar since 1992. She was a veteran public defender.

Kohn said the people his attorneys represent often remain in custody before trial, making jailhouse visits routine.

He said every deputy public defender must meet at least twice with clients prior to the preliminary hearing, which is held in justice court to determine if probable cause is sufficient to move to the district court level. “It’s a way to gain their confidence,” said Kohn.

Attorney Phil Patee of the State Bar of Nevada said they are “monitoring” the ongoing investigation, but no formal complaints have been filed against Roundtree, who still has a spotless record as an attorney.

Las Vegas police officer Jay Rivera said the internal investigation continues.

“If we find charges should be brought, we will do so,” he said, “but as of right now Stacey Roundtree is not facing any criminal charges.”

Patee could not speculate on any bar action but, on Tuesday, the California Supreme Court disbarred an attorney who in 2004 was charged with engaging in sexual misconduct with two incarcerated female clients.

In that case, former attorney Patrick Earl Marshall defended his actions, saying the sex was consensual, but a judge ruled that “Having improper sexual relations with a client breaches the basic notions of trust and integrity and endangers public confidence in the legal profession …”

In Nevada, it is illegal for inmates to engage in any sexual behavior.

Kohn said he can’t control every aspect of his employees’ lives. and he isn’t prepared to throw Roundtree under the bus.

“I’m not their dad,” he said. “People are going to do this. People are going to have affairs. People in the DA’s office have had affairs. Any place where people work, you’re going to see this kind of activity. People at the R-J are having affairs.

“I really don’t know what happened (at the jail), but Stacey was a really good lawyer. This is incredible.”

Contact Doug McMurdo at dmcmurdo@reviewjournal.com or 702-224-5512 or read more courts coverage at lvlegalnews.com.