Legal Ethics

Top Texas Criminal Judge Fights Reprimand re 'We Close at 5' Handling of Execution Eve Appeal

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Still fighting what some observers considered a too-lenient “public warning” over her 2007 refusal to authorize a court clerk to accept a late execution-eve appeal, the top criminal court judge in Texas is asking a special court of review panel to reconsider her disciplinary case.

Sharon Keller, who reportedly answered “We close at 5” when asked to authorize the clerk to wait a short time for the appeal, contends she followed court procedures and blames the convicted killer’s lawyers for the appeal snafu. Her lawyer, Chip Babcock, argues that the disciplinary panel who reprimanded her violated the state constitution, reports the Associated Press.

Michael Wayne Richard, the inmate on whose behalf the appeal would have been filed, was executed later that evening.

Charges (PDF) filed against Keller earlier this month by special counsel for the State Commission on Judicial Conduct detail the disciplinary case against her concerning what happened on the evening of the Sept. 25, 2007 execution, reports the Focal Point blog of the Austin American-Statesman.

Earlier coverage:

ABAJournal.com: “A ‘Disappointed & Shocked’ Top Judge Is Reprimanded for Refusing Execution-Eve Appeal”

ABAJournal.com: “Emergency Relief Denied for Judge Who Closed Courthouse to Late Execution Appeal”

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