The Herald-Zeitung
Serving New Braunfels and Comal County since 1852
Letters for February 27, 2009

Time to impeach Judge Keller

To the editor:

In an effort to restore justice and remove some of the tarnish on the Texas criminal justice system, state Rep. Lon Burnam has filed HB 480 to establish a Special Committee on Impeachment to consider impeaching Criminal Court of Appeals Judge Sharon Keller. This is the judge that closed the door on justice at 5 p.m. and prevented the filing of an appeal of Michael Richards’ execution scheduled a few hours later that evening.

The appeal was based on the U.S. Supreme Court earlier the same day agreeing to consider a challenge to the constitutionality of lethal injection. Due to a problem with the computer on which the appeal had been written, the defense team was delayed in printing and delivering the documents to the court. Other judges in the same court were prepared and waiting for the appeal paperwork, but Judge Keller shut it down without even telling them what she did. This is neither the first nor the last blemish Judge Keller has placed on the Texas justice system, but it is certainly the most egregious.

Judges all over Texas have criticized her actions and it’s about time she was impeached for her miscarriage of justice.

JC Dufresne,

Cibolo

These are personal notes from the first meeting of the House Criminal Jurisprudence Committee held on Feb 25, 2009. The official minutes are posted here. These are just notes made as fast as I could write.

Chair appoints subcommittees to at least do some preliminary assessments of the legislation pending before the committee. Historically this committee gets more bills than any other committee in Legislature.

Chair’s comments:

Don’t have to vote on bills in subcommittees, can just refer bills back to full committee without a vote. Find consensus in subcommittee. Get defense and prosecutors together if possible on bills in subcommittee, but he knows sometimes that won’t be possible. He is empowering each member to carry the ball. Tells committee members, if there is a bill you want heard, yours or another member’s bill, then let the chair know, and he will try to accommodate that and move legislation along. To members of organizations working on certain bills: while he is happy to talk to you, he is one of eleven and he fully intends to let the majority of the committee work its will, he hopes you take the time to see and get to know every member of the committee. Occasionaly, he may find some legislation personally objectionable, but the members may be able to change his mind.

The Law of Parties bill (HB 304) has been referred to the subcommittee on Criminal Procedure, not the capital punishment one.

Capital Punishment Subcommittee

Chair Robert Miklos Democrat http://www.robertmiklos.com

Joseph Moody Democrat

Wayne Christian Republican

Terri Hodge Democrat

Pete Gallego Democrat

Bills currently referred to Capital Punishment Subcommittee

HB 682, HB 297, HB 298, HB 111, HB 493, HB 877, HB 913, HB 916, HB 921, HB 938

Bio of Chair: After passing the Texas Bar, Robert Miklos went to work as a prosecutor for the City of Houston – the start of an eleven year stint as a prosecutor, including several years in the Harris County District Attorney’s Office and culminating as chief prosecutor for the City of Dallas. He has tried over 500 criminal jury trials, as well as thousands of non-jury trials. As Dallas chief prosecutor, Robert managed an office with 15 attorneys. During his term as chief, Dallas moved aggressively to prosecute sexually oriented businesses, revamped its domestic violence prosecutions, and helped institute a magistrate program to lessen the wait time for court appearances.

In early 2005, Robert left the Dallas City Attorney’s Office to join the Hughes and Luce law firm as senior counsel. At Hughes and Luce (which later merged with and became K&L Gates), he represents clients in land use, entitlement, and real estate matters – including representing neighborhoods in annexation issues and clients in eminent domain matters.

Criminal Procedure Subcommittee

List of bill referred to subcommittee.

HB 930, HB 789, HB 788, HB 666, HB 579, HB 566, HB 558, HB 498, HB 483, HB 430, HB 304, HB 301, HB 296, HB 295, HB 293, HB 292, HB 228, HB 196, HB 195, HB 107, HB 825, HB 945, HB 897, HB 949, HB 951, HB 983, HB 954, HB 1104, HB 1076, HB 1060.

Chair Joseph Moody Democrat El Paso http://www.moodyforelpaso.org

Allen Vaught Democrat

Wayne Christian Republican

Hubert Vo Democrat

Allen Fletcher Republican

Robert Miklos Democrat

Paula Pierson Democrat

Bio of Chair Joe Moody continued his education in Lubbock at Texas Tech University School of Law, where he graduated with a Doctorate of Jurisprudence. While in law school, he actively participated in the Hispanic Law Students Association. He was also a founding member of the Migrant Worker Project, which outlined the rights and responsibilities of both migrant workers and their employers. Joe answered the call to volunteer with the Red Cross when the victims of Hurricanes Katrina and Rita were evacuated to Lubbock.

After law school, and while waiting for his bar exam results, Joe took on the role of campaign manager for his father’s statewide campaign for the Texas Supreme Court. He put to use his extensive political experience that he gained while working on such prominent campaigns as Al Gore for President, Bill Richardson for Governor, and Charles Stenholm for United States Congress. The Supreme Court campaign allowed Joe the opportunity to meet people across this great state and listen to their concerns. It was a unique campaign in which the candidate, William E. “Bill” Moody, walked over 1,000 miles across the State of Texas. It was a campaign which led the statewide Democratic ticket, and garnered more votes than any El Pasoan has ever received (nearly 2 million).

Fresh off the heels of this unique campaign, Joe went to work as a prosecutor in the District Attorney’s office. He serves the public in the courtroom, giving a voice to victims by enforcing the laws of Texas. At the District Attorney’s office, Joe works hand-in-hand with law enforcement in the prosecution of a wide variety of cases including Driving While Intoxicated, Domestic Violence, Graffiti, and Burglaries of Vehicles. Joe is a strong advocate in his pursuit of justice.

Other Subcommittees

Victims’ Rights and Violence Against Women Subcommittee

Bills Referred HB 608, HB 167, HB 597, and HB 1003

Chair Kent

Pierson

Moody

Vaught

Gallego

White Collar Crime Subcommittee

Chair Fletcher

Christian

Kent

Vaught

Moody

Property Crimes Subcommittee

Chair Vo

Kent

Fletcher

Pierson

Hodge

Violent Crime

Chair Vaught

Riddle

Hodge

Vo

Miklos

You can watch a live stream of today’s meeting of the House Criminal Jurisprudence Committee at 2 PM (or upon adjournment of the House).

We found out when we met with the general counsel of the committee yesterday about the Law of Parties bill that they would announce subcommittee chairs at today’s meeting, including the chair of the subcommittee on capital punishment.

http://www.house.state.tx.us/media/welcome.php

In 2007, I was one of the many people and several groups who filed a judicial complaint against Sharon Keller. The complaint I filed was co-signed by about 1,900 people. I waited, somewhat impatiently, 15 months until the State Commission on Judicial Conduct finally charged Keller with misconduct last week. Last December, I dropped by Lon Burnam’s office at the capitol with a copy of a blog post I had written on BOR entitled “Legislature Should Remove Sharon Keller from the Court of Criminal Appeals” and urged him to file an impeachment resolution. Now, I believe Keller should be suspended from office pending the outcome of her upcoming public trial.

Rule 15(b) of the Procedural Rules for Removal or Retirement of Judges on the website of the State Commission on Judicial Conduct allows the Commission to request that the Supreme Court of Texas suspend a judge.

It is time for the Commission to suspend Sharon Keller until the formal proceedings, which include a public trial, are complete and the Commission votes to dismiss the case, issue a public censure, or recommend to the Supreme Court that Keller be removed from office. Keller has lost the confidence of the people of Texas. The latest example of that lost confidence was expressed in today’s Houston Chronicle editorial that says, “A faulty ethical compass makes Judge Sharon Keller unfit for the bench.”

Other newspapers have expressed similar sentiments.

The Dallas Morning News last week said, “Texas must have courts that are dispassionate, fair and soberly mindful of their life-and-death authority. Judge Keller’s actions cast doubt about whether she measures up, and her opportunity to address that will clarify her level of commitment to justice over vengeance.”

The Austin American-Statesman says, “Keller’s decision — made by her alone — was grossly insensitive, unjust and discredited her court in the eyes of the world.”

The Fort Worth Star-Telegram says, “there’s no excuse for arbitrary actions that undermine public confidence in the integrity of Texas’ courts”.

Rule 15(b) states:

Upon filing with the Commission of a sworn complaint charging a person holding such office with willful or persistent violation of rules promulgated by the Supreme Court of Texas, incompetence in performing the duties of office, willful violation of the Code of Judicial Conduct, or willful and persistent conduct that is clearly inconsistent with the proper performance of his duties or cases public discredit upon the judiciary or the administration of justice, the Commission, after giving the person notice and an opportunity to appear and be heard before the Commission (under the provisions of Rule 6), may recommend to the Supreme Court the suspension of such person from office.

The Commission has charged Keller in the Notice of Formal Proceedings with 1) “willful or persistent conduct that is clearly inconsistent with the proper performance of her duties as presiding judge”, 2) “willful or persistent conduct that casts public discredit on the judiciary or the administration of justice”, 3) “incompetence in the performance of duties of office”.

Those are the exact reasons given in Rule 15b for suspending a judge. The Commission should immediately begin the process to recommend that the Texas Supreme Court suspends Keller. She should still stand trial, but in the meantime she should not exercise the powers of her office as a judge on the Court of Criminal Appeals.

The other option to achieve Keller’s suspension is for the Texas House to vote to impeach her. If she is impeached by the House, she is automatically suspended pending the outcome of her Senate trial.

Post written by Scott Cobb

Time is clicking away on Keller’s time in office. She will be gone soon. The Houston Chronicle has the most blistering criticism yet in their editorial calling for the removal of Sharon Keller. “A faulty ethical compass makes Judge Sharon Keller unfit for the bench”, says the state’s largest newspaper.

It is too late for rule of law to apply to Michael Wayne Richard. But it must be applied to Keller, whose deformed ethical compass makes her unfit to judge. If a new state probe of her conduct fails to prompt her removal, the Legislature should impeach her.

More than a year after her cavalier actions shocked the country, Keller has finally been called to account for her actions. Last Thursday, the state Commission on Judicial Conduct announced judicial proceedings against her, charging “willful or persistent conduct that casts public discredit on the judiciary.”

Also last week, State Rep. Lon Burnam submitted a resolution to impeach Keller, citing “gross neglect of duty” and “willful disregard for human life.”

All three descriptions are accurate. On any given execution day, Texas courthouses are active places. Because of the chance for last-minute appeals, courthouses don’t have a strict closing time, judges work late and judges often hear last-minute pleadings from home, the Dallas Observer notes.

After all, a human life is at stake.

On the day of Richard’s execution, there was even more happening. That morning, the U.S. Supreme Court announced its decision to review the constitutionality of lethal injection — to which Richard was sentenced. This announcement created a de facto death penalty moratorium nationwide. But because the decision came late, Richard’s attorneys had to scramble, deciding how the news could be used in a workable appeal.
When their computer crashed that afternoon, however, the attorneys had the misfortune of calling a judge who cared not for legalities — but for punishment. Ignoring court procedure, Keller shut the door on them.

In retrospect, this might be expected of a judge who campaigned on the promise of being “pro-prosecution.” But the Texas justice system, which kills so many and has mistreated even more, cannot continue to bear that same label.

Removing Judge Sharon Keller will show the many watching this state that Texans don’t thirst for blood, but for justice.