"Fort Worth lawmaker seeks impeachment of appeals court presiding judge," is Alex Branch's report in today's Fort Worth Star-Telegram.
Michael Richard was executed Sept. 25, 2007, after Presiding Judge Sharon Keller closed the court at 5 p.m. despite his attorneys’ request that the court stay open an extra 20 minutes.
Keller could not be reached at her office late Monday afternoon. Most state offices were closed Monday for Presidents Day.
Burnam, D-Fort Worth, said he filed the resolution, which alleges gross neglect of duty, after he got no response from the State Commission on Judicial Conduct to letters demanding action against Keller.
"I am outraged," Burnam said. "We have been ignored. So we’re trying another venue."
In a statement, Burnam said: "It’s one thing for a banker to close shop at 5 o’clock sharp. But a public official who stands between a human being and the death chamber must be held to a higher standard."
Keller, a Republican, has said she was just following the court’s long-standing practice to close on time.
Burnam’s resolution calls for the House to investigate Keller. If the House found cause for impeachment, the Senate would conduct an impeachment trial.
Asked how he viewed his resolution’s chances for success, Burnam said: "Well, unfortunately, generally speaking, legislative bodies are not particularly enthusiastic about looking into issues like this. But hope springs eternal."
Hours after the U.S. Supreme Court said it would consider a Kentucky case questioning the constitutionality of lethal injection, Richard was executed for the 1986 rape and murder of a Houston-area nurse. Richard’s lawyers argued that extra time was needed on his appeal to respond to the new circumstances. They also said computer problems delayed printing the motion.
Richard was executed after the Supreme Court declined to grant him a reprieve.
The Texas appeals court now allows emergency e-mail appeals in death penalty cases.
"Texas lawmaker moves to impeach appeals judge," is the AP report.
A Texas lawmaker is trying to impeach a judge on the state's highest criminal appeals court for what he calls "neglect of duty" in a death penalty case.
Rep. Lon Burnam filed a resolution Monday seeking to start the process against Court of Criminal Appeals Judge Sharon Keller.
Keller refused to keep the court offices open after 5 p.m. on Sept. 25, 2007, when attorneys for Michael Richard said computer problems were delaying their efforts to file late appeals of his death sentence.
Earlier coverage includes:
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