Legal Commentary

Ethics Hearing Concludes for TX Judge Sharon Keller

By Jeralyn

The hearing of Texas Judge Sharon Keller on ethical violations stemming from her refusal to allow the courthouse to remain open to accept a last-minute stay pleading for a death row inmate wrapped up yesterday. The New York Times calls her unfit for the bench and says she should resign:

We believe the death penalty is in all cases wrong. But people who support it should still insist that it be carried out only after a prisoner has been given every reasonable chance to make his case. Judge Keller’s callous indifference in a case where the stakes could not have been higher makes her unfit for office.

[More...]

Keller remained unremorseful throughout the proceeding:

Special prosecutor Mike McKetta said ... Keller continues to discredit the judiciary by not taking accountability for her actions.

“This might have been an entirely different matter if instead of hearing (from Keller), ‘I did nothing wrong,' we heard, ‘I was confused about the execution day procedure,'” he said.

In fact, she testified she would do nothing different today than she did on the day in question.

What happens next:

San Antonio-based District Judge David Berchelmann Jr., who has overseen the proceedings since Monday, will prepare a “findings of fact” report for the panel — a process that likely will take months. At that point, both sides will have an opportunity to issue written objections and then will deliver a second round of oral arguments — this time before the commission members.

The commission will decide whether to drop the case, issue a public censure or recommend to the Texas Supreme Court that Keller be removed from office.

One of the Texas lawyers who filed a complaint against Keller, which was signed by 1,900 people, presents his view at Burnt Orange Report.

My view: Keller should be removed from office for violating the court's Execution-Day Procedures and for bringing discredit to the Texas judiciary.

Full post as published by TalkLeft on August 21, 2009 (boomark / email).