Judicial Conduct Commission

Writ Denied: Judge Keller frustrated from futility of frivolous filings

The Supreme Court of Texas denied Court of Criminal Appeals Presiding Judge Sharon Keller's writ asking that they vacate the public warning lodged against her by the State Judicial Conduct Commission. See the Austin Statesman and Jeff Gamso for more. Then on the last possible day (yesterday) Keller requested that the SCOT appoint three judge to hear her appeal of the Commission's warning. Gamso remarks that the whole affair is:
kind of like how she describes those death penalty appeals of which she's so derisive.  You know, frivolous filing after frivolous filing after frivolous filing. There are two differences, though.

Special treatment for Keller may create "bad law" around judicial misconduct

Reacting to the State Commission on Judicial Conduct's "public warning" regarding Judge Sharon Keller, I said on Wednesday that " I don't understand how the "warning" option jibes with earlier reports that the only options available were removal, censure, or exoneration." Now, Mary Alice Robbins at Texas Lawyer has an extended piece exploring that question ("Judicial Conduct Commission Examiner Questions Basis for Public Warning in Keller Case," June 22). She reports that:

More backstory on Keller public warning

Rick Casey at the Houston Chronicle has some new detail on the behind the scenes machinations at the State Judicial Conduct Commission over Presiding Judge Sharon Keller's public warning. For starters, he says:
During the closed-door session in which the 13-member commission debated what sanction it should give Sharon Keller, presiding judge of the Texas Court of Criminal Appeals, one non-lawyer member of the commission opined that Keller should be commended for saving the state money by blocking the appeal. However, he wrote:
A majority of the panel agreed that Keller needed to be sanctioned for ignoring the procedures she admitted to knowing. Because of the poor performance of Richard’s lawyers and evidence of other problems at the Court of Criminal Appeals itself, none of the commissioners argued to remove Keller from office.

You've Been Warned: Keller gets wrist slap from Judicial Conduct Commission but vows to appeal

Presiding Judge Sharon Keller of the Texas Court of Criminal Appeals yesterday received a "public warning" from the State Commission on Judicial Conduct, but the panel did not recommend her removal. See their decision (pdf). A public warning may seem weak, but it's not the exoneration Keller was looking for and is particularly unusual for such a highly placed jurist.

Three options in Keller case for Judicial Conduct Commission

Austin Statesman courts reporter Chuck Lindell emails with a correction regarding possible options for the Sharon Keller Commission on Judicial Conduct proceedings:
So you know, the SCJC chairman misspoke during the hearing about their options.

He said they could issue a censure, reprimand, warning or admonition ... but that's a regular case.
After these "formal proceedings," they can only issue a CENSURE, dismiss or recommend removal.
(verified by Seana Willing, who also said the rules are wrong ... not updated ... when they say 6 votes needed to remove. It's 7, like McKetta told the commish.)Of the three options - censure, dismissal, or recommending removal - let me know in the comments which you think the commission will choose.

Oral arguments in Sharon Keller removal proceedings this morning

I'm headed up to the State Commission on Judicial Conduct this morning to hear oral arguments in Texas Court of Criminal Appeals Presiding Judge Sharon Keller's removal proceedings. Go here for all the filings in the case. See also AP's preview that's in several papers around the state this morning.

David Dow warned, Sharon Keller on the dock

While my focus remains elsewhere for the moment, I can't help but anticipate next Friday's June 18 hearing at the State Commission on Judicial Conduct, which will hear oral arguments in Texas Court of Criminal Appeals Presiding Judge Sharon Keller's removal proceedings. I've consistently kept the date clear and plan to show up early for the queue to get a good seat. Mary Alice Robbins at Texas Lawyer has an excellent preview of the case, and Jordan Smith of the Austin Chronicle has an early writeup.

Piling On: 'Nuther misconduct complaint against Sharon Keller

Whether it's adding insult to injury, or injury to insult, I cannot tell anymore, but the Texas Civil Rights Project this week filed a complaint with the State Commission on Judicial Conduct in the wake of Judge Sharon Keller's record fine from the Texas Ethics Commission last week, which found 13 separate violations of misdemeanor statutes.

See TCRP's press release.

Keller could be removed from office if criminal charges brought

Scott Cobb at Burnt Orange Report analyzes what might happen if Travis County Attorney David Escamilla files criminal charges against Presiding Judge Sharon Keller of the Texas Court of Criminal Appeals for concealing income in required state ethics disclosures.

Keller may face criminal prosecution over ethics disclosure violations

Having now had an opportunity to read the Ethics Commission's ruling where they fined Presiding Judge Sharon Keller of the Texas Court of Criminal Appeals $100,000 for failing to disclose a vast web of financial entanglements. See the ruling (pdf). Several items in particular stood out.

First, part of the reason for the large fine is that Keller allegedly committed multiple misdemeanors - a baker's dozen, to be exact. And it might have been more except there's a two-year statute of limitations on what violations the TEC may consider when punishing criminal violations.