MCLENNAN COUNTY, Texas — A Waco lawyer's plea deal that allowed him to avoid sex offender registration in Texas has exposed a gap in state law and prompted a push for legislative change. State Representative Pat Curry is seeking to close that loophole in the upcoming legislative session by pursuing a minimum jail time requirement for those who admit to child sexual assault, eliminating the ability to reduce sexual assault charges to misdemeanors, and changing victim testimony rules..
- Waco lawyer Adam Dean Hoffman is required to register as a sex offender in Nebraska for 15 years following his guilty plea for indecent assault in Texas, even though his Texas plea deal did not require registration there.
- Hoffman received less than 30 days in jail under his Texas plea deal, which reduced felony charges to misdemeanors, preventing the Texas State Bar from pursuing compulsory discipline or revoking his law license.
- Sarpy County Deputy Adam Arko said if Hoffman does not register by Wednesday, he could be charged with a violation of the sex offender registry.
- State Representative Pat Curry is pushing for changes to Texas law in the upcoming legislative session, including minimum jail time for child sexual assault admissions, eliminating the ability to reduce sexual assault charges to misdemeanors, and changes to victim testimony rules.
BROADCAST TRANSCRIPT:
Waco lawyer Adam Dean Hoffman is required to register as a sex offender in Nebraska, even though his Texas plea deal did not require him to do so in Texas.
Sarpy County, Nebraska deputies told Hoffman he must register under Nebraska law, which requires registration for 15 years following a guilty plea for indecent assault.
The subsection that requires Mr. Hoffman to register is 29-4003(ii), which states:
(ii) Has ever pled guilty to, pled nolo contendere to, or been found guilty of any offense that is substantially equivalent to a registrable offense under subdivision (1)(a)(i) of this section by any village, town, city, state, territory, commonwealth, or other jurisdiction of the United States, by the United States Government, by court-martial or other military tribunal, or by a foreign jurisdiction, notwithstanding a procedure comparable in effect to that described under section 29-2264 [nebraskalegislature.gov] or any other procedure to nullify a conviction other than by pardon;
Sarpy County Deputy Adam Arko said he took action after receiving a phone call from a Waco resident and hearing concern from neighbors in Sarpy County about Hoffman not being on the sex offender registry.
The Sarpy County Sheriff’s office is entrusted with the protection of the citizens of Sarpy County. News of Mr. Hoffman’s conviction and move to Nebraska had raised concerns with several local social media groups, including school groups and neighborhood groups. By requiring Mr. Hoffman to register as a sex offender, he will be accountable and held to a legal standard that will help to protect the citizens of Nebraska.
Without the news coverage, the phone call from the Waco citizen, and the local social media groups, it is possible that the State of Nebraska would not have known that Mr. Hoffman was convicted of Indecent Assault in Texas and moved to Nebraska.
After Hoffman's sex abuse trial in Waco ended in a mistrial, he made a plea deal in which he received less than 30 days in jail and was not required to register as a sex offender in Texas.
If Hoffman does not show up to register by Wednesday, Deputy Arko said he could be charged with a violation of the sex offender registry.
State Representative Pat Curry is now pushing to change Texas law so a case like this cannot happen again.
"You know, they, because nobody could anticipate that you would drop down to a misdemeanor that was written so carefully that it could bypass the laws that do exist," Curry said.
In the upcoming legislative session, Curry is looking to create a minimum jail time for admitting to child sexual assault, eliminate the ability to reduce a sexual assault charge to a misdemeanor, and change victim testimony rules. The latter change comes after the victim declined to testify again following Hoffman's first trial.
"If you've admitted to a crime, then you have the ability to the local municipalities have the ability to force a registration," Curry said.
"We will hold agencies accountable. We will hold the law accountable, and when people skirt the law, we will change the law," Curry said.
"No matter where you go, we'll make sure and follow you, and we'll make sure that everybody around you knows what you've admitted to," Curry said.
The Texas State Bar cannot force Hoffman out of practicing law. The bar's Chief Disciplinary Counsel cannot pursue compulsory discipline because Hoffman's plea bargain reduced the felony charges to misdemeanors that do not qualify for compulsory discipline under the Texas Rules of Disciplinary Procedure.
The judge in Hoffman's case ordered him to resign his law license and required him to sign paperwork in court. However, attorneys cannot resign their law licenses in that manner. Attorneys who wish to resign must file paperwork with the Supreme Court of Texas, and only the Supreme Court of Texas can issue an order accepting a law license resignation.
The Texas State Bar provided Hoffman with the appropriate paperwork to sign and return to the Chief Disciplinary Counsel's office or file directly with the Supreme Court of Texas. As of now, he has not done so, and attempts to communicate with him have been unsuccessful as he is no longer communicating with the bar.
While Hoffman remains licensed to practice law in Texas, he is still subject to the Texas Disciplinary Rules of Professional Conduct and the jurisdiction of the Texas attorney discipline system, which may or may not lead to discipline against him. There is no legal process available that would result in the immediate revocation of his law license.
I reached out to the Nebraska State Bar for information on Hoffman's law license there but have not heard back.
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