Beware Sharon Keller

Homeland Security take note.

The Texas State Commission on Judicial Conduct has issued its findings and conclusions and entered an order.

A moment (honest, I'll keep it short) of background.  Sharon Keller is the Chief Judge of the Texas Court of Criminal Appeals.  On September 25, 2007, she declined to keep the court open past 5 p.m. to enable lawyers for Michael Richard to file a late, last-minute application for a stay of his execution.  Richard was killed by the State of Texas that evening. Had she kept the court open, it is likely that Richard would not have been killed that night, though he'd almost surely have been killed before now.

Keller was brought up on charges of judicial misconduct and for bringing disrepute on the court.  She was not charged with causing Richard's death.  In defense, at a hearing and in written documents, she denied having done anything wrong and repeatedly said she'd do the same thing again.  She blamed David Dow and the Texas Defender Service, claiming that they lied and cheated and are incompetent and are responsible for Richard's death, all of which was a red herring.

The Judge who oversaw the hearing concluded that she acted improperly, determined that she lied (my word, not his) when she said she'd do the same thing again, and said she'd been sufficiently humiliated and had learned her lesson so no sanction should be imposed.  His report was sent to the Commission, which held a hearing and took more briefing. You can learn about all of that and read the relevant documents from here (and lots of other places).

Now the Commission has ruled.  In a 19 page document (below), the Commission set forth 119 Findings of Fact demonstrating that Keller violated her duty, then failed to disclose her misconduct to her colleagues, and brought national condemnation on herself and the court.

The Commission then set forth "Conclusions Regarding Binding Obligations."

1. Judge Keller's failure to follow Texas Court of Criminal Appeals' Execution-day Procedures on September 25, 2007, and failure to require or assure compliance by the Court of Criminal Appeals General Counsel and clerk staff with respect to Richard's right to be heard, constitutes willful or persistent conduct that is clearly inconsistent with the proper performance of her duties as a judge of the Court of Criminal Appeals and as the Presiding Judge . . . .
2. Judge Keller's failure to follow Texas Court of Criminal Appeals' Execution-day Procedures on September 25, 2007, and failure to require or assure compliance by the Court of Criminal Appeals General Counsel and clerk staff with respect to Richard's right to be heard, constitutes willful or persistent conduct that casts public discredit on the judiciary or the administration of justice . . . .
3. Judge Keller's conduct on September 25, 2007, did not accord Richard access to open courts or the right to be hear according to law.  Judge Keller's conduct constitutes willful or persistent conduct that is clearly inconsistent with the proper performance of her duties as a judge of the Court of Criminal Appeals and as the Presiding Judge . . . .
4. Judge Keller's conduct on September 25, 2007, did not accord Richard access to open courts or the right to be hear according to law.  Judge Keller's conduct constitutes willful or persistent conduct that casts public discredit on the judiciary or the administration of justice . . . .

The Commission also concluded that Keller violated the "Aspirational Goals" of a judge.

1. Judge Keller's conduct on September 25, 2007 demonstrated a failure to cooperate with other judges and court officials in the administration of court business . . . .
2. Judge Keller's conduct on September 25, 2007 demonstrated a failure to require court staff under her direction and control to observe the standards of fidelity and diligence that apply to herself . . . .

Commission Findings, Conclusion, Order - Sharon Keller

After all that, you'd think maybe, oh, I don't know, the Commission would say she was unfit to be a judge.  Of course, you'd only think that if you thought judges were likely to treat one of their own as they would, say, an ordinary person.

No removal from office.  No suspension.  No begone and never shame us again.  None of that.

But they issued a "Public Warning."  (Actually two public warnings!)

Go then, and sin no more.

And let the public be warned.  She's a danger.  Hazardous Cargo.  Beware of Dog.  

Sharon Keller.  Threat Level Red.