The Texas Commission on Judicial Conduct filed seven charges of misconduct against Chief Justice Sharon Keller (pictured) of the Texas Court of Criminal Appeals (CCA) stemming from her actions in a death penalty appeal in 2007. Judge Keller is charged with not following court procedure and improperly closing the court to the appeal of Michael Richard shortly before he was to be executed. Among other charges, the Commission stated, “Judge Keller did not disclose to the other judges her communications with (the court’s general counsel) the night before nor the fact that Mr. Richard’s lawyers had called the CCA to ask whether filings after 5 p.m. could be accepted.” It is likely that the U.S. Supreme Court would have stayed Richard’s execution if an appeal had been processed by the CCA. After Richard’s execution, an informal moratorium on the death penalty became effective around the country.
This case could result in a public trial and the first ever removal of a statewide judge in Texas. A special master will recommend to the commission whether the case should be dropped or continued after holding a public trial of Keller. If the Commission then recommends her removal, the case would be reviewed by a tribunal of seven appellate-level judges from the Texas Supreme Court. More than 300 Texas lawyers filled complaints with the commission requesting Keller’s removal from office.
(R. Ratcliffe, J. Elliott, “State panel opens case over last-minute appeal,” Houston Chronicle, February 19, 2009). Read the Texas Commission’s Notice of Formal Proceedings. See Arbritrarinness.
