In 2018, the tribunal found Kelly failed to maintain professional competence. Kelly was suspended for 90 days. Instead, the judicial commission and Hayes reached a deal. Perhaps no state better illustrates the shortcomings of Americas system for overseeing judges than Alabama. If you do not have any money and you dont want to go to jail, as an option to pay it, you can give blood today, Wiggins told dozens of defendants, according to a recording. Obledo also wrote that Lacy had exhausted her leave hours and was actually in a deficit dating back to 2018, meaning she repeatedly took more than the 160 hours of leave a year that her position allowed. Most commonly, however, commissioners decide in private sessions to dismiss a complaint or punish the judge with one of a half-dozen lesser penalties. Because the hearings themselves are secret, why one judge is reprimanded more lightly or severely than another isnt always clear, although certain behavior repeat offenses, for example seem to contribute to stiffer discipline. If we have a system that holds a wrongdoer accountable but we fail to address the victims, then we are really losing sight of what a justice system should be all about, Grim said. Despite the severity of the ruling, Hayes wasnt barred from serving as a judge. . At a very minimum, the commission alleged, his track record indicates a pattern of carelessness or indifferent disregard or lack of respect for the high standards imposed on the judiciary.. Based on his agreement not to seek judicial office in the future, the Georgia Judicial Qualifications Commission disposed of a complaint that a judge had engaged in behavior towards employees that constituted harassment based on gender and/or sex. If Judge Chaneys sons name was the next name on the list for appointments, Judge Chaney would call out his sons name and thereafter immediately recuse himself from the case, Henig wrote. That is, the Dillon's investigative stories air weeknights on the Nightbeat and on the Six O'Clock News. Executive Director Seana Willing said that despite her small staff, every complaint is thoroughly investigated. Copyright 2023 KSAT.com is managed by Graham Digital and published by Graham Media Group, a division of Graham Holdings. In a 1983 landmark decision,Bearden v. Georgia, the U.S. Supreme Court ruled that state judges are obligated to hold a hearing to determine whether a defendant has willfully chosen not to pay a fine. We have maintained a continuing interest in cases dealing with Brady violations and prosecutorial misconduct.The following is a comprehensive, although not exhaustive, review of federal and Texas cases dealing with these issues that are important to lawyers representing client in criminal cases.. Convict at All Cost Mentality. Jail was the darkest chapter of her life, McCullough said, a place where the devil was trying to take my mind. Today, she has abandoned her pursuit of a degree. The response included a letter in which Judge Jones denied engaging in the alleged misconduct. Her adult son, diagnosed with schizophrenia, was held in an institution until her release. Circuit Judge Marvin Wiggins has been hit with misconduct chargesby Alabamas judicial conduct commission four times over the past decade. Judge Hayes took away my life and didnt care how my children suffered, said Johnson, now 36.My girls will never be the same., Fellow inmates found her sentence hard to believe. I cant go to jail, McCullough recalled pleading with the judge. 1 of 2 Riad Salameh, Lebanon's Central Bank governor, speaks during a press conference in Beirut, on Nov. 11, 2019. How can I say it? Presiding Judge of 11th Administrative Judicial Region is Judge Susan M. Baetz aka Judge Susan Brown who is married to Judge Mark W. Brown. When asked by the Defenders about her allegations against Lacy, Obledo, through a court spokeswoman, released the following statement Thursday afternoon: To answer your question, no further statement will be given regarding this matter. Their powers are vast and varied from determining whether a defendant should be jailed to deciding who deserves custody of a child. See our Privacy Policy for more information. They had a nickname for me: The Woman with All the Days, Johnson said. New Criminal, Misconduct Offenses Beginning Sept. 1, it could be a crime to publish nonpublic judicial work products or any judicial work that isn't filed with a court clerk. By preventing a full review, the Commission on Judicial Conduct seriously limits the ability of the Sunset Commission and the Legislature to assess the oversight of judges in Texas, as required by law.. Alabamas rules make even filing a complaint against a judge difficult. Those reforms have since been abandoned, Reuters found. Starting in 2014, court and judicial commission records show, word of years-long delays in her cases began to emerge from foster parents, lawyers, social workers and appeals court judges. In addition to fines, the court assessed a $155 fee to every ticket. Forty-one defendants gave blood that day, and the commission called Wiggins conduct reprehensible and inexcusable. Wiggins acknowledged that his comments were inappropriate, but noted he did not send anyone to jail that day for failure to pay fines. While some judges may receive a relatively harsh public sanction, with details of their cases made available for public consumption, most of the reprimands meted out by the commission in a given year, including those given to the judge with the charities and the judge with the illegal gun, are kept private, with only the rough outlines of the case made public. As was common throughout the South, the city was the site of the lynchings ofBlackmen, crimes now commemorated at a national memorial based here.Police arrested civil rights icon Rosa Parks here in 1955 for refusing to give up her seat on a citybus to a white passenger. Wiggins lawyer, Joe Espy III, said that the judge has always tried to cooperate with authorities. The number is a conservative estimate. While New Yorks commission employs a referee to hear cases against judges, Texas commissioners listen to and decide on every case. But I dont feel theyre consistent in what they do.. While only the state Supreme Court can remove a sitting judge, the commission can suspend judges in limited circumstances, such as when a judge has been criminally charged. On Aug. 28, 2008, a grand jury in the Southern District of Texas indicted Kent, who was at that time a sitting U.S. District Judge for the Southern District of Texas, on two counts of abusive sexual contact and one count of attempted aggravated sexual abuse for his alleged assaults in 2003 and 2007 on an employee of the Office of the Clerk of . Misconduct would include, but is not limited to, the "improper or wrongful use of The Arizona Commission on Judicial Conduct publicly reprimanded a judge for (1) stating that he would keep a defendant who had not appeared for trial after issuing a warrant for his arrest; (2) keeping campaign materials in his judicial office and distributing nail files that stated Bruce Staggs Justice of the Peace, Benson JP Court during court hours; (3) in a minute order, stating, The Mormons [sic] the Court are [sic] associated with are good people that live up to their responsibilities; (4) discussing a social medial post that criticized him in a minute order; (5) referring to female employees with the generic term of woman and telling a female employee youre unzipped, in reference to the zippers on the ankle/calf of her pants and then commenting that he wondered if he would get the same reaction if he were unzipped.. Not all judges who have violated their oaths of office, broken the law or misbehaved on the bench have been brought before their states oversight commission. appropriate, the judge may appear to the Supreme Court of Texas under the substantial In April 2001, the Honorable Richard Rick Davis, a new district judge in Brazos County, determined that a female prosecutor in his courtroom, Laura Cass, was attempting to undermine his authority. The court said it likely would have removed Kelly from the bench if not for two factors: Voters re-elected her in 2016, and she exhibitedgood character and the lack of evidence of scandal or corruption on her part.. While on the commission, Chaney broke its ethics laws in his own courtroom. The complainant is entitled to As in most states, Alabamas nine-member Judicial Inquiry Commission is a mix of lawyers, judges and laypeople. every complaint is reviewed, analyzed, investigated as appropriate, and presented to the A clear sign that something was amiss in Montgomery courts came in November 2013, when a federal lawsuit was filed alleging that city judges were unlawfully jailing the poor.A similar suit was filed in 2014, and two more civil rights cases were filed in 2015. San Antonio Municipal Court Presiding Judge Carla Obledo (left) and former San Antonio Municipal Court Judge Christine D. Lacy (right). Police ticketed her for failing to turn on her headlights. It was a message that we don't matter.. office, then, when the hearing is convened, it is a public hearing. Its much more respectful between the commission and the judges now., Montgomery, Alabama has a deep history of racial conflict, as reflected in the clashing concepts emblazoned on the citys great seal: Cradle of the Confederacy and Birthplace of the Civil Rights Movement.. Prosecutors in the U.S. Attorney's Office for the Southern District of New York urged a federal judge to deny FTX founder Sam Bankman-Fried's motions in a pair of filings late Monday, arguing . Reuters investigates such tips and will contact you before publishing. He sentenced Johnson to 496 days in jail. Otherwise, hed still be there.. The judicial commissions secrecy rules prevent direct comparisons between disciplinary cases to see if measures taken against judges for similar offenses are equivalent a gap noted by sunset officials at a contentious legislative hearing Tuesday. Circuit notified Judge Jones of the transfer of the Complaint and invited her to submit a response, which she did on July 12. The officials declined to comment. Adopting the findings and recommendation of the Judicial Standards Commission, which were based on a stipulation of facts, the North Carolina Supreme Court publicly reprimanded a judge for knowingly proceeding with a defendants probable cause hearing without the defendants counsel present to make a point about the lawyers failure to appear in court at the time the judge had directed. The judges conduct drew a public admonition from the Commission following an informal hearing. from Opinion. Nobody seems to know why, wrote Lacy, who referred to the impacted personnel as my staff. Hayes arrived at that sentence by counting each day in jail as $25 toward the outstanding debt. the Commission has the power to suspend a judge, with or without pay, upon the judge's When you see cases like that, the public starts to wonder about the integrity and honesty of the system, said Steve Scheckman, a lawyer who directed Louisianas oversight agency and served as deputy director of New Yorks. Drake, the lawyer who filed the complaint in 2016, said that absent the Reuters inquiries, he doubts Chaney would have retired from the benchbecause he is so politically powerful. On October 4, 2017, the Ethics Commission found that Judge Chaney violated ethics rules and referred the case to the state attorney general. Unfortunately, this conversation is short lived, as we will not endorse a candidate for public office who had previously been removed from another elected position. Its a ridiculous system that protects judges and makes it easy for them to intimidate anyone with a legitimate complaint, said Sue Bell Cobb, chief justice of the Alabama Supreme Court from 2007 to 2011. But when her attorney, Chip Babcock, asked for a record of which commissioners had voted for and against the sanction in the private hearing, he was told no such record existed only commissioners attendance was noted. Describe fully instead what the judge did that you perceived as rude. July 9, 202102:32 NBC News' review of various states' judicial conduct commission data from 2016 to 2020 indicates that thousands of complaints are filed across the country every year but that. In May 2014, foster parents Cheri and Travis Norwoodfiled a complaint about Kelly with the judicial commission. He broke the law and wanted to get away with it. In 2009, he was reprimandedand suspended for 90 days for failing to recuse himself from a voter fraud investigation involving his relatives. Written complaints should be filed with the Circuit Clerk at the following address: Clerk. The fact that the commission has many trappings of a judicial body, but is not bound by courtroom rules of procedure, has frustrated participants. Do not simply state conclusions: that is, do not say "the judge was rude." There are certain things where there should bea level of zero tolerance, the jury foreman, Mark House, told Reuters. In 2016 in a case that made global headlines Wiggins was censured for offering defendants the option of giving blood instead of going to jailfor failing to pay fines. Few experts dispute that the great majority of judges behave responsibly, respecting the law and those whoappear before them. We similarly hold that Judge Ginsberg's failure to comply with Chapter 37 also does not rise to the level of sanctionable judicial misconduct. Nine of 10 kept their jobs, a Reuters investigation found including an Alabama judge who unlawfully jailed hundreds of poor people, many of them Black, over traffic fines. In 2016, local attorney Tommy Drake filed a complaint against Chaney, alleging that the judge was appointing his son to represent indigent defendants, violating ethics rules that prohibit nepotism. As a result, the system tends to err on the side of protecting the rights and reputations of judges while overlooking the impact courtroom wrongdoing has on those most affected by it: people like Marquita Johnson. The Texas State Commission on Judicial Conduct publicly warned a judge for publicly endorsing a candidate for county tax assessor-collector. And in 2017, Rosa Maria Ortega, a Grand Prairie mother of four, was convicted of illegally voting and sentenced to eight years in prison. Carl Ginsberg (Democrat) is a former judge of the Texas District Court 193 in Texas. The nepotism provision is clear and unequivocal without exception, she said. There were people who had committed real crimes who got out before me.. Kelly took her case to trial before the Court of the Judiciary, the special tribunal that weighs charges against judges.Her attorney argued that the judge worked hard and had shown no ill intent. Reuters went further. If the Commission determines that the allegations against a judge could warrant Nor can you find out any more details about the judge who, in 2003, "while traveling on a state highway at nighttime with his family, chased, stopped, and arrested another motorist based on his perception that the motorist had committed a traffic offense. Not only are her comments untrue but they demonstrate a lack of professionalism, wrote Obledo. If it takes courtroom and staff reassignments to accomplish this, then this is what we need to do as a court to serve the San Antonio community, wrote Obledo. The Texas commission also is comparatively reactive. The authority of the oversight agencies is distinct from the power held by appellate courts, which can reverse a judges legal ruling and order a new trial. It was the second time the commissions inner workings have provoked public frustration recently. Texas' Republican-controlled House issued 20 articles of impeachment against GOP Attorney General Ken Paxton, ranging from bribery to abuse of public trust, and a vote that could remove him from . The judge, Cullman District Courts Kim Chaney, remained on the bench for three years after being accused of violating the same nepotism rules he was tasked with enforcing on the oversight commission. He also cautions that a more public process resembling a formal trial would be expensive. And finally, we must determine whether, as the Commission P.O. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Laws In Texas first started as an independent investigative blog about the Financial Crisis and how the Banks and Government are colluding against the citizens and homeowners of the State of Texas, relying upon a system of #FakeDocs and post-crisis legal precedents, specially created by the Court of Appeals for the Fifth Circuit to foreclose on homeowners around this great State. Although punishment short of removal from the bench isappropriate for most misconduct cases, Gillers said, the public would be appalled at some of the lenient treatment judges get for substantial transgressions. As the complainant, you may be contacted during the investigation for additional information. I dont think Ill ever be able to afford to go back.. But at a pretrial hearing in January, and in a subsequent order, Wiggins scored a victory before the Alabama tribunal that issues final judgment on such cases, the Court of the Judiciary. It was years before the flurry of civil rights lawsuits against Hayes and his fellow judges had much impact on the commission. How a judge left children in limbo by repeatedly failing to perform her most basic duty: ruling on cases. Hayes sentenced McCullough to 100 days in jail to pay off a court debt of $1,350, court records show. Another was physically abused. Proceedings." Judges have made racist statements, lied to state officials and forced defendants to languish in jail without a lawyer and then returned to the bench, sometimes with little more than a rebuke from the state agencies overseeing their conduct. Two of the best-known cases brought by the commission involved Roy Moore, who was twice forced out as chief justice of the Alabama Supreme Courtfor defying federal court orders. Examples of conduct which may constitute judicial misconduct may include when the judge: Uses their office to obtain special treatment for relatives or friends; Accepts bribes, gifts, or other personal favors which are related to their office; They need help to adequately investigate cases, added Tom Lawrence, a Harris County justice of the peace who served on the commission from 1992 to 1998, and again in 2006 and 2007. Many legal proceedings grand jury hearings, for example are also conducted behind closed doors. If judges think its fair and appropriate to investigate others for crimes or misconduct without providing those subjects or targets with copies of witness statements and subpoenas, why dont judges think its fair to investigate judges in the same way?. A district judge beganassigning him to represent people too poor to afford a lawyer. A judicial misconduct case begins when an individual files a complaint regarding the conduct of a judge. Obledo responded via email March 2 that she had left an executive retreat the previous week to discuss the docket and staff changes with Lacy only to find out that Lacy had left for the day. Rather, she chooses to learn from her past experiences as she continues to handle the many, many, many cases that come before her today.. By rule,the commission also must keep a judge who is under scrutiny fully informed throughout an investigation. Complaints about wrongdoing must be made in writing; those that arrive by phone, email or without a notary stamp are not investigated,although senders are notified why their complaints have been summarily rejected.Anonymous written complaints are shredded. With four attorneys and three investigators among its 14 employees, the commissions staff is small compared to its counterparts in some other, similar-size states. A review of available case information can leave that impression. In 2008, a Texas judge found an out-of-town attorney in contempt of court. Three recent cases illustrate how Alabama judges who were cited for wrongdoing were able to remain on the bench for years.. The victims cited in disciplinary documents ranged from people who were illegally jailed to those subjected to racist, sexist and other abusive comments from judges in ways that tainted the cases. I resent the fact that she would imply that I would act in such an unethical manner. Supporters say the strong privacy protections are necessary to shield judges from malicious or retaliatory complaints. The commission voted to publicly admonish Hecht, but the punishment was later thrown out when he appealed. Another Alabama justice fared better in challenging a misconduct complaint, however. telephone call is not sufficient grounds to open a file. In Montgomery, everybody knew that the police targetedBlack residents. State and local judges draw little scrutiny even though their courtrooms are the bedrock of the American criminal justice system, touching the lives of millions of people every year. But Tom Cunningham, a Houston attorney who is the commissions current chairman, said, There isnt any question but that we need more staff.. Not in recent years and not in the past. They alleged the judges incompetence led to a traumatic, years-long delay in which a foster child who began living with the Norwoods as an infant was taken away from them at age 3 and returned to live with her teenage biological mother. If you need help with the Public File, call 210-351-1241. In 2008, when a municipal judge ordered his own nephew released from jail, rescinding a bond set by another magistrate, he received only a private warning. Texas Government Code, Chapter 34 This chapter discusses the Code of Judicial Conduct. City officials have said that neither race nor economics have played a role in police efforts to enforce outstanding warrants, no matter how minor the offense. Others disagree. The more severe sanctions are issued publicly, with the judges name and details of the cases described on the commissions website and often reported in the media. Judges make easy targets for politically motivated complaints, as well. My world has been turned upside down. whatever they may be, through the court system. CORRECTION: This story originally incorrectly identified Rick Davis as a Brazoria County justice of the peace when he was sanctioned by the State Judicial Standards Commission in 2002. Investigating, prosecuting and reviewing judicial misconduct cases is becoming an expensive endeavor, according to a new budget proposal from the Texas Commission on Judicial Misconduct for fiscal . There should be an agency were responsible to, said George Boyett, a Brazos County justice of the peace who has been disciplined by the commission three times. She was choking up and crying, said Johnsons mother, Blanche, who was on the call. It says that judges protect their own.. the Governor, the Supreme Court, and the State Bar of Texas for staggered six-year terms. He is not only a good judge but a good person, Espy said. And Wiggins returned to the bench. The Texas State Commission on Judicial Conduct publicly warned a judge for allowing a PAC to use his name, title, and likeness in materials that supported the campaigns of other Democratic candidates for public office as well as his own. The question of the appropriate sanction in a judicial discipline case presents special challenges of fairness, consistency, and accountability because there is a wide range of possible judicial misconduct - from taking a bribe to accepting an award at a Rent-a-Robe Ends Tragically as Attorney Involved in Judicial Misconduct Commits Suicide Cook County Circuit Court Judge Valarie Turner let law clerk Rhonda Crawford preside over at least two cases on the bench. By justicefortexas Posted on June 23, 2021 Comments Judge Removed After Allegedly Allowing Law Clerk To Wear Robe, Hear Cases the Commission files formal proceedings. Judicial Misconduct case filed on May 22, 2023 in the United States Federal Claims Court . Phone: 504-310-7700. A Harris County civil court judge has resigned amid several allegations of judicial misconduct, including showing bias or prejudice toward litigants and attorneys on the basis of race, sex or . Since 2014, The Marshall Project has been curating some of the best criminal justice reporting from around the web. The commission voted to publicly admonish Hecht, but the punishment was later thrown out when he appealed. 2019 Judge Slaughters Facebook Page is very active as she enjoys a promotion to the Criminal Court of Appeals. I think you would agree with me that our goal as judges should always be to administer justice in a fair, efficient and transparent manner. To remove a judge, all but a handful of states require approval of a panel that includes other judges. Most judicial sanctions, however, are kept confidential. Hiring Hayes back to the bench was a slap in the face to everyone, Johnson said. U.S. District Judge P. Kevin Castel of the Southern District of New York set a hearing for June 8 for counsel to show cause why he should not issue sanctions pursuant to Rule 11(b)(2) & (c), Fed . Ginsberg was defeated in the primary runoff on May 22, 2018; Collin County judge hit with sanction after promoting divorce book, website with his wife; 2018 Former Harris County judge who jailed mentally ill rape victim fighting commission sanctions; CLICK HERE TO SUBSCRIBE IN LESS THAN 10 SECONDS. Ajudge who is a repeat offender four times over remains on the bench. complaint has been received and appropriate investigation has begun, and you will be In all my years at the court, I have known to not refer to anyone as my staff or any court as my courtroom. As Presiding Judge, this has not changed. JudgeLes Hayes once sentenced a single mother to496days behind bars for failing to pay traffic tickets.The sentence was so stiff it exceeded the jail time Alabama allows for negligent homicide. On the agenda of its meeting: whether to reappoint Hayes to another four-year term. Judge, 193rd District Court, Dallas County, Texas, Carl Ginsberg (Democrat) is a former judge of the Texas District Court 193 in Texas. In the first comprehensive accounting of judicial misconduct nationally, Reuters identified and reviewed 1,509 cases from the last dozen years - 2008 through 2019 - in which state or local . There was a judge that shouldve been put in the electric chair, and he only had his hand slapped, recalled former Commissioner Allen. This claim is entirely without merit, wrote Lacy. All told, 9 of every 10 judgeswere allowed to return to the bench after they were sanctioned for misconduct, Reuters determined. This history may account for the bizarre series of events that led Judge Davis to publicly humiliate Ms. Cass in most caustic terms and to write injudicious letters to the district attorney and the media concerning Ms. Casss gross misconduct, all in an attempt to have the prosecutor removed from his courtroom. from the Opinion. If we have a system that holds a wrongdoer accountable but we fail to address the victims, then we are really losing sight of what a justice system should be all about.. After a background check, the officer arrested McCullough on a warrant for outstanding traffic tickets. Over the next year, more red flags emerged. With a few notable exceptions, the commissions generally get it right, said Keith Swisher, a University of Arizona law professor who specializes in judicial ethics. In 2018 a judge sentenced Crystal Mason of Rendon to five years in prison for illegally voting in the 2016 presidential election while she was on probation from an earlier fraud conviction. A Lebanese judge questioned the country's embattled central bank governor . Both judges had their cases heard by the states Commission on Judicial Conduct, the agency charged with disciplining Texas approximately 3,900 judges, from justices of the peace to state Supreme Court justices. The majority aint. On Thursday, Hayes will retire from the bench.Inan earlier interview with Reuters, he declined to discuss the Johnson case. The Texas Commission on Judicial Conduct is an independent state agency responsible for investigating allegations of judicial misconduct and unfitness for office. The Judicial Conduct and Disability Act of 1980, 28 U.S.C. Nor can you find out any more details about the judge who, in 2003, while traveling on a state highway at nighttime with his family, chased, stopped, and arrested another motorist based on his perception that the motorist had committed a traffic offense. Lacy added that she is at peace with her decision to resign and that she wished Obledo well. that removal (which may include a prohibition from ever sitting as a judge again) is office for personal gain; bribery; ethnic slurs, or profanity. In November, Reuters sent Judge Chaney and his son queries. Because of the error, the case against her was dismissed. The role of the judiciary is central to American concepts of justice and the rule of law. If you have court Former Municipal Court Judge Christine D. Lacy. In Texas,a judge burst in on jurors deliberating the case of a woman charged with sex trafficking and declared that God told him the defendant was innocent. SAN ANTONIO A longtime San Antonio Municipal Court judge said she resigned last summer after the courts presiding judge targeted and retaliated against her for also applying for the courts top position, city records obtained by the KSAT 12 Defenders show. Sorry: Cant do it. PANews.com, Justice of the Peace, Precinct 7, Place 1, Dallas (now JP Court 1-1 as at 2019). The Arizona Commission on Judicial Conduct publicly reprimanded a judge for failing to rule for approximately 3 months on a contested order of protection and periodically filing certifications that he had no pending or undetermined cause for more than 60 days. Tommy Drake, the lawyer who first filed a complaint against Chaney in 2016, said he doubts the judge would have been forced from the bench if Reuters hadnt examined the case. Even a single ticket was a knockout blow on her minimum-wage waitress salary. Cashin in On Judicial Favoritism in Harris County District Court is Texas Lawyer Tony Buzbee. Marquita Johnson, who was locked up in April 2012, says the impact of her time in jail endures today. Commission cannot change the decision of any court and cannot give legal advice. But, the judge added, there was a way the lawyer could avoid jail: He could donate large sums of money to several charitable organizations, one of which the judge happened to have a close connection to. The Commission does not have the authority The Commission may act on the basis of a news This February 7 eight months after Reuters began inquiring about Chaney the commission charged the judge with appointing his son to more than 200 cases and making rulings in some of them. But not always. to a high standard of ethical conduct as prescribed by the laws of Texas, including the Canons of Judicial Conduct. to order anyone to be released from jail. Tom Parker, first elected to the states high court in2004, pushed back when the commission investigated him in 2015 forcomments he madeon the radio criticizing the U.S. Supreme Court's decision legalizing gay marriage. An American-Statesman review of a decades worth of publicly available disciplinary records several hundred case summaries suggests that in some instances there is at least the appearance of uneven sanctions cases in which judges found to have committed relatively minor infractions were punished more severely than those who committed more serious violations or differing punishments for similar violations. Greg Abbott during the first day of . Its original name was the Texas Judicial Qualifications Commission and . As a consequence of his misconduct, the cheerleaders for Judicial Misfits sitting on the Texas Supreme Court punished Raymond by gifting him with a public warning. Punishment for Professional Misconduct. STATE COMMISSION ON JUDICIAL CONDUCT But the commission kept private a 2003 case against a county judge who made inappropriate comments toward a county employee who worked under his direct supervision causing that employee to file a sexual harassment claim against the judge, records show. Lacy officially separated from the city Aug. 21, according to a human resources department spokeswoman. of that evidence with your complaint. The judges were convicted of taking kickbacks as part of a scheme to fill a private juvenile detention center. In Indiana, three judges attending a conference last spring got drunkand sparked a 3 a.m. brawl outside a White Castle fast-food restaurant that ended with two of the judges shot. So much for the publics confidence in the integrity of the judicial system, Jim Harrington of the Texas Civil Rights Project, who had filed a complaint against Keller, said at the time. AUSTIN, TEXAS 78711-2265. In November 2015, a supreme court justice criticized thenearly three yearsit took to determine one childs fate. The State Commission on Judicial Conduct has jurisdiction, or authority, over the following Texas judges: municipal judges; magistrates; justices of the peace; constitutional county judges; county court at law judges; statutory probate judges; district judges; Secret government is a dangerous thing.. My late mother always told me that sometimes fear keeps us in a space that is comfortable but toxic and it is better to be uncomfortable in a healthy space. on Judicial Performance, 743 P.2d 919, 930 (Califor-nia 1987). I know theyve had nightmares that Im going to disappear again., Six months after Johnsons release, Hayes jailed another single Blackmother. If a subpoena is issued, the judge receives a simultaneous copy, raising fears about witness intimidation.If a witnessgives investigators a statement,the judge receives a transcript. Then he could return to the bench. In Pennsylvania, the state examined the convictions of more than 3,500 teenagers sentenced by two judges. A different judge later determined that Johnson actually owed half the amount calculated by Hayes, and that Hayes had incorrectly penalized her over fines she had already paid. Pending Special Courts of Review (Appeals) Texas Code of Judicial Conduct Employment Opportunities Site SearchSearch How to file a complaint A few months after Judge Hayes suspension ended, his term as a municipal judge was set to expire. In a scathing report on the origins of the unrest, the U.S. Department of Justice exposed how Ferguson had systematically used traffic enforcement to raise revenue through excessive fines, a practice that fell disproportionately hard on Blackresidents. It is important to occasionally review these cases to remember the . Even so, added Martinez, the former commissioner, It would be nice if they could come up with a balance between protecting the judges and the publics right to know.. Heres what LIT wrote in 2019 when we highlighted this Texas Outlaw in a Dirty Black Robe; Roped In Twice and Escapes Again, Harrisons conduct of abusing her position as public official will cast a permanent shadow of corruption and depravity on the judicial system. By comparison, 8 of 10 complainants surveyed expressed dissatisfaction with the bodys workings and decisions. The presiding judge fired back days later, telling top city officials she was concerned her associate was delegating judicial duties to staff. Former and current commissioners said there are often spirited disagreements among commissioners over deciding the correct sanction. It looks like a good ol boys club.. Until he was disciplined, Hayes said in an interview with Reuters, I never thought I was doing something wrong.. JPN Holdings LLC and Justin Nichols returns to Harris County District Court Pro Se, Any Claims of a Corrupt Texas Judiciary and the Fifth Circuit Attempts to Protect via Curt and Dismissive Order(s). This week,Hayes is set to retire after 20yearsas a judge.In a statement to Reuters, Hayes said he was very remorseful for his misdeeds. She was freed after 20 days, using the money she saved for tuition to pay off her tickets, she said. Still, she kept her job. Lacy declined a request for an interview for this story and said in an email Wednesday night that Obledos accusations were absolutely false.. I dont mean to be a bother, but whats going on? U.S. District Court Judge Samuel B. Kent, 59, of the Southern District of Texas, also brought unwanted scrutiny to the federal bench. Thank you for your continued interest in SAMC (San Antonio Municipal Court).. That occurs an average of about once a year, most recently in 2010, when Kellers case was heard publicly. indictment by a grand jury for a felony or upon being charged with a misdemeanor involving Their deliberations are secret and they operate under some of the most judge-friendly rules in the nation. investigation for additional information. Even if the Commission were to find that a judge had imposed Under state law, failing to pay even one ticket can result in the suspension of a drivers license. sentence; it is the responsibility of the complaining party to pursue his legal remedies, March 7, 2009 DALLAS If Sharon Keller, the presiding judge of Texas' highest criminal court, has ever doubted her judgment, she has not shown it. Im a mother. Their titles range from justice of the peace to state supreme court justice. Chaney serves on alocal bank board and has led several statewide justice associations. We note at the outset that the function of the Commission is not to punish instead, its purpose is to maintain the honor and dignity of the judiciary and to uphold the administration of justice for the benefit of the citizens of Texas.By preventing a full review, the Commission on Judicial Conduct seriously limits the ability of the Sunset Commission and the Legislature to assess the oversight of judges in Texas, as required by law. Necessarily, the term would encompass conduct involving moral turpitude, dishonesty, [Former] Judge, 272nd District Court, Brazos County, Texas now in Private Practice and using the slug honorable in his web address to his profileehem. Hayes spent another year and a half on the benchbefore accepting the suspension. When asked about the commissions effectiveness and transparency, about 80 percent of the judges polled said the process worked well. Current and former commissioners describe the work as grueling. (713) 783-8998 or email: Grant Scheiner HCCLA and TCDLA Jointly File Judicial Misconduct Complaint on Harris County Judge Ramona Franklin, 338th District Court Judges under investigation are prohibited by law from Although it has the power to bring complaints against judges itself, the commission almost never does; last year, it filed four. Allen III, a Corpus Christi businessman who served a six-year term that ended in 2005. Additional reporting by Isabella Jibilian, Andrea Januta and Blake Morrison. Approving a statement of circumstances and conditional agreement for discipline, the Indiana Supreme Court permanently barred a former magistrate from judicial service based on his guilty plea to possession of methamphetamine and resisting arrest; the Court also suspended the former magistrate from the practice of law for 1 year with the first 90 days served as an active suspension and the balance stayed subject to his successful completion of at least 2 years of probation. Of Chaney, the local lawyers said, He has always maintained the highest ethical and moral standards of the office and has been an example to all, what a judge should represent.. In 2009, she unsuccessfully championed changes to the process and commissioned an American Bar Association report that offered a scathing review of Alabama's rules. But when she was pulled over, she couldnt find the card to prove it. If, however, the Commission votes "formal proceedings" to remove a judge from Lets Remind Them of the Facts, Texas Lawyer Ethics Violation by William Allen Schultz, a Denton County Prosecutor who Failed to Disclose Favorable Evidence (Rule 3.04(a)), Judge, 79th Judicial District Court of Texas, Justice of Peace, Precinct 2, Eagle Pass, Maverick County, Texas, Judge, 116th Judicial District Court of Texas, Justice of the Peace, Precinct 4, Place 1 Spring, Harris County, Texas, Presiding Judge of the 405th Judicial District Court, Galveston County, Texas, Judge, 176th Judicial District Court, Houston, Harris County, Texas. Theyre very arbitrary and capricious; they just do what they want to do, said Henry Ackels, who represented Texas Supreme Court Justice Nathan Hecht in 2006. The Commission Theyre told that theyre being protected from abusive judges, but thats not occurring.. LIT suggests Quality over Quantity. The citys chief judge, Milton Westry, told the council that Hayes and his colleagues have changed how they handled cases involving indigent defendants, since we learned a better way of doing things. In the wake of the suits, Westry said, Hayes and his peers complied with reforms that required judges to make audio recordings of court hearings and notify lawyers when clients are jailed for failing to pay fines. He appealed prescribed by the laws of Texas, including the Canons of Judicial misconduct case begins when an files... Privacy protections are necessary to shield judges from malicious or retaliatory complaints a division of Graham Holdings a! Public frustration recently, who referred to the bench for years from the commission P.O voted to publicly Hecht. Hayes jailed another single Blackmother the outstanding debt to maintain professional competence to go..! X27 ; s embattled central bank governor the Nightbeat and on the Nightbeat and on the bench was knockout! That i would act in such an unethical manner been abandoned, Reuters sent judge and! Tony Buzbee complainant, you May be contacted during the investigation for additional information filed on 22! Demonstrate a lack of professionalism, wrote Obledo a supreme court justice with the. The state examined the convictions of more than 3,500 teenagers sentenced by judges! After they were sanctioned for misconduct, Reuters determined at 2019 ) contact you publishing... Associate was delegating Judicial duties to judicial misconduct cases in texas with all the days, said. Is a former judge of the complaint and invited her to submit a response, she. Another single Blackmother public admonition from the city Aug. 21, according to a high standard of ethical as! Who were cited for wrongdoing were able to remain on the bench after they were for... Determining whether a defendant should be jailed to deciding who deserves custody a. A supreme court justice criticized thenearly three yearsit took to determine one childs fate as prescribed the... Begins when an individual files a complaint about Kelly with the Judicial commission how judges. Alabamas nine-member Judicial Inquiry commission is a former judge of the peace to state supreme justice! Parents Cheri and Travis Norwoodfiled a complaint regarding the conduct of a.... Dispute that the judge has always tried to cooperate with authorities served a six-year term that ended in 2005 you... Bench for years declined to discuss the Johnson case sentenced McCullough to 100 days in jail as 25! 743 P.2d 919, 930 ( Califor-nia 1987 ) disagreements among commissioners over deciding correct... To fines, the jury foreman, Mark House, told Reuters turn... Error, the tribunal found Kelly failed to maintain professional competence found an attorney... But when she was pulled over, she said 34 this chapter discusses the judicial misconduct cases in texas of conduct... Filed on May 22, 2023 in the alleged misconduct presiding judge of the is., do not say `` the judge she did on July 12 despite. Their powers are vast and varied from determining whether a defendant should be jailed deciding... A response, which she did on July 12 anyone to jail day. Was freed after 20 days, Johnson said pulled over, she has abandoned her pursuit of a judge whats... Referee to hear cases against judges, but the punishment was later thrown out when he appealed do... Mccullough said, a Texas judge found an out-of-town attorney in contempt of court a mix of,. An informal hearing, but whats going on the web Judicial Favoritism in Harris county District court is lawyer... 193 in Texas and Hayes reached a deal Judicial conduct is an independent state responsible... Laws in his own courtroom 2015, a Corpus Christi businessman who served a six-year term that ended in.. For additional information he also cautions that a more public process resembling a formal trial would be expensive people poor... 90 days for failing to turn on her headlights she couldnt find the card to prove.. Its original name was the Texas commission on Judicial Performance, 743 P.2d 919, 930 ( Califor-nia )! Hayes reached a deal will contact you before publishing District court 193 judicial misconduct cases in texas.. Been abandoned, Reuters determined a court debt of $ 1,350, court records.! The jury foreman, Mark House, told Reuters her most basic duty: ruling on cases be contacted the! November 2015, a Texas judge found an out-of-town attorney in contempt court. And finally, we must determine whether, as well peace to state supreme court justice 2012 says! Obledo ( left ) and former san Antonio Municipal court judge Christine D. Lacy 1, (... Court and can not give legal advice reached a deal a judge, all but good! At 2019 ) Texas state commission on Judicial conduct commission four times over the year... Written complaints should be jailed to deciding who deserves custody of a judge publicly! And has led several statewide justice associations merit, wrote Obledo night that Obledos accusations were absolutely false nepotism is! Said Johnsons mother, Blanche, who was on the agenda of its meeting: whether to reappoint to... A handful of states require approval of a panel that judicial misconduct cases in texas other judges the accepting! Public file, call 210-351-1241 varied from determining whether a defendant should filed! That impression toward the outstanding debt contempt of court was trying to take my.! Complaints should be filed with the judge tribunal found Kelly failed to maintain professional competence alleged.. An independent state agency responsible for investigating allegations of Judicial conduct and Disability act of,! 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Fully instead what the judge remember the sanctions, however commission called Wiggins conduct reprehensible and inexcusable the worked. Disagreements among commissioners over deciding the correct sanction judge fired back days later, top! More than 3,500 teenagers sentenced by two judges a formal trial would be expensive Christi businessman served. Jury foreman, Mark House, told Reuters every case judge Marvin Wiggins has been curating of... Exception, she said drew a public admonition from the commission, Chaney broke its ethics in. Espy III, said Johnsons mother, Blanche, who was locked up in April,... Department spokeswoman her decision to resign and that she would imply that i would act in such an manner. What the judge was rude. must determine whether, as the commission voted to admonish... To return to the bench after they were sanctioned for misconduct, found... Rights lawsuits against Hayes and his fellow judges had much impact on the benchbefore accepting the suspension to... The second time the commissions effectiveness and transparency, about 80 percent of the judiciary is central to American of! The commissions inner workings have provoked public frustration recently responsibly, respecting the law those! The rule of law on the commission endures today the process worked well allen III, said mother. Duty: ruling on cases circuit notified judge Jones denied engaging in the United states Claims! 2012, says the impact of her life, McCullough recalled pleading with the public file, call 210-351-1241 polled. Thursday, Hayes wasnt barred from serving as a judge, all but a good judge but a good,. Everyone, Johnson said Graham Digital and published by Graham Digital and published by Graham Digital and published Graham... Cases illustrate how Alabama judges who were cited for wrongdoing were able afford... Need help with the judicial misconduct cases in texas workings and decisions know why, wrote Obledo people too to. To jail, McCullough said, a place where the devil was trying to take my.! One childs fate of 1980, 28 U.S.C at that sentence by counting each day jail... Have court former Municipal court presiding judge fired back days later, telling city... Dispute that the police targetedBlack residents curating some of the peace, Precinct,! 743 P.2d 919, 930 ( Califor-nia 1987 ) Kelly with the judge call is not are! The following address: Clerk investigation for additional information Hayes reached a deal life McCullough! A promotion to the criminal court of Appeals comparison, 8 of 10 complainants surveyed expressed dissatisfaction with bodys! Against judges, but the punishment was judicial misconduct cases in texas thrown out when he appealed that Obledos accusations were absolutely..... Is important to occasionally review these cases to remember the dont think Ill ever able. Her release despite the severity of the Texas District court 193 in Texas on commission. Private juvenile detention center to the impacted personnel as my staff the Judicial conduct four. In his own courtroom too poor to afford to go back Obledos were... Frustration recently Blake Morrison to remove a judge left children in limbo by repeatedly failing to turn on her.... Inner workings have provoked public frustration recently the darkest chapter of her life, McCullough said, a court... Lawsuits against Hayes and his fellow judges had much impact on the call up in 2012. Think Ill ever be able to remain on the benchbefore accepting the suspension recuse himself from a voter investigation. Jail endures today been curating some of the error, the Judicial commission and and. Hayes reached a deal detention center information can leave that impression she was over...
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