2 Texas Judges Warned About Slavery Talk, Buttocks Slap
State disciplinary authorities in Texas issued warnings to two judges that chastise one for discussing slavery with an African-American attorney before his court and another who reportedly “slapped” a female lawyer’s behind at a party.
In the public warnings released today, the State Commission on Judicial Conduct ordered Tarrant County Court-at-Law Judge Brent Keis of Fort Worth and 47th District Judge Hal Miner of Amarillo each to participate in eight-hour courses on racial and gender sensitivity, Texas Lawyer reports.
The Keis incident involved an April 2007 exchange in which Judge Keis attempted to engage Nuru Witherspoon, a Dallas parter of Kelley Witherspoon, in conversation about the “Middle Passage,” the transport of African slaves to the Americas. When Witherspoon declined to discuss the topic, the judge asked about his client’s injuries and at one point pushed for a settlement, noting that the judge was a “Republican and that Tarrant County juries are predominantly made up of Republicans,” according to the commission’s findings and conclusions (PDF via Texas Lawyer).
Witherspoon’s clients opted to take the settlement sensing a “hostile court situation.” Yet Witherspoon didn’t object at the time to the judge’s conduct.
However, the commission noted that in a videotaped statement recorded in March, Witherspoon said he “found it shocking when Judge Keis, whom he had never met before, attempted to discuss the Middle Passage and theories about the slave trade with him prior to the commencement of trial.”
Further, Witherspoon explained that even though “his instinct was to ‘get out of here,’ the reason he took no action against Judge Keis at the time was because he was more focused on his clients interests than his own feelings about the judge’s comments.”
That changed after Witherspoon described the incident to colleagues. And he decided to file a complaint against the judge.
In the incident involving Judge Miner, the commission found (PDF via Texas Lawyer) inappropriate conduct at a December 2006 holiday party at a law firm.
“According to at least two witnesses, soon after arriving at the party, Judge Miner approached a female attorney and ‘slapped’ her buttocks,” the commission noted in its public warning. After a second slap, the judge reportedly joked about the lawyer’s height and said he “intended to slap her on the back, but her ‘ass’ was at hand level.”
The commission noted that Judge Miner acknowledged the conduct, didn’t recall the remarks, but didn’t think the lawyer would be offended.
The female lawyer, who is not named, testified before the commission in favor of Miner during the disciplinary investigation. She reportedly said the judge’s actions were misinterpreted and she wasn’t offended.
But the commission determined that some action was warranted, especially considering others had been offended by the judge’s conduct.
“Although Judge Miner stated that he did not believe the attorney would be offended when he touched her buttocks in front of their colleagues and other guests attending the party, and despite the attorney’s later protestations that she was not offended by the judge’s conduct, those individuals who witnessed the intimate contact between a judicial officer and a female attorney who regularly practices before his court found the conduct to be embarrassing and improper, and discussed the unpleasant incident with other members of the legal community in the days and weeks following the party,” the commission concluded.
More coverage:
Tarrant County judge disciplined for racial remarks (Associated Press via Star-Telegram)
