Ethics Prosecution Blasts Report, Seeks Sanction of Top Texas Judge
Saying that a special master who evaluated the evidence in an ethics case against the top criminal judge in Texas missed the point, prosecutors in the ethics case are seeking sanctions for what they describe as her willful and incompetent disregard of established court procedure in a death penalty matter. This conduct by Texas Court of Criminal Appeals Presiding Judge Sharon Keller created doubt about the fairness of the execution of an inmate who was not allowed to file a last-minute appeal, damaging the credibility of the justice system, they contend.
State District Judge David Berchelmann, who acted as special master, found that Keller violated no laws in her handling of a request by Michael Wayne Richard’s lawyers to keep the court open a little after its usual closing time to accept an appeal, although he said she had used poor judgment in failing to notify the judge in charge of such appeals, recounts the Houston Chronicle. Richard was executed a little over three hours after Keller reportedly told the clerk’s office to adhere to the usual 5 p.m. closing time.
But Berchelmann missed the mark by focusing on “irrelevant” matters, such as whether Richard’s lawyers could have better handled the situation, rather than whether Keller violated applicable ethics standards and the state constitution, the prosecution says in a filing this week that urges the Commission on Judicial Conduct to discipline her in a “just” manner that is “supported by the findings.” Applicable penalties range from discipline to removal from office, according to the filing, as described by the Chronicle and the Austin American-Statesman.
Meanwhile, Keller, through her lawyer, Charles Babcock, says Berchelmann’s findings “completely exonerate” her, the Chronicle reports. She asks the commission to strike Berchelmann’s comments about her “poor judgment” and less than “exemplary” behavior in the matter, arguing that these comments are irrelevant to the charges against her and unsupported by the evidence.
Additional and related coverage:
ABAJournal.com: “Special Master: Judge Has Suffered Enough for Refusing Late Capital Appeal”
ABAJournal.com: “Top Texas Judge Blames Inmate’s Lawyers for Alleged Execution-Eve Appeal Snafu”
ABAJournal.com: “Did Top Texas Judge’s Testimony Open Door to Wrongful Death Suit?”
