Watchdog Still Seeks to Sanction Top Texas Criminal Judge re Execution-Eve 'We Close at 5' Ruling
An attorney for the top criminal court judge in Texas hailed the elimination of a public warning earlier this month as a conclusive win for his client in a legal ethics case over the court’s refusal to accept a late appeal on the eve of the defendant’s execution. But the state Commission on Judicial Conduct is still seeking sanctions against Presiding Judge Sharon Keller of the Court of Criminal Appeals.
In a filing today seeking a rehearing, the commission asked a special court of review appointed by the state supreme court to review the Keller matter to reconsider its Oct. 11 dismissal of the ethics case against her, reports the Texas Politics blog of the Houston Chronicle.
Instead of dismissing the ethics case against Keller, whose reported “We close at 5” response to a plea for more time to file the appeal ignited a firestorm of public criticism from legal ethics experts, the three-judge panel should have remanded the matter to the commission for a new penalty determination, the commission argues in its motion.
“The commission is capable of correcting its error, and on remand can apply the correct range of censure, removal, retirement, or dismissal this court found is available in formal proceedings,” the motion states.
Additional coverage:
ABAJournal.com (Nov. 2007): “Executed Man’s Wife Sues Judge Who Closed Courthouse Door”
ABAJournal.com (Feb. 2009): “Top Texas Judge Faces Ethics Case Over Late Filing Refused on Inmate’s Execution Day”
ABAJournal.com (Aug. 2009): “Top Texas Judge Blames Inmate’s Lawyers for Alleged Execution-Eve Appeal Snafu”
Associated Press: “Lawyers asking for review of Judge Keller ruling”
