That's the title of Mary Alice Robbins' report for Texas Lawyer. LINK
In his long-awaited findings of fact, a San Antonio judge has concluded that Texas Court of Criminal Appeals Presiding Judge Sharon Keller's conduct on the day the state executed Michael Richard "does not warrant removal from office or further reprimand beyond the public humiliation she has surely suffered." [See the Special Master's Findings of Fact here.]
Judge David Berchelmann Jr. of the 37th District Court, who serves as special master for In Re: The Honorable Sharon Keller, issued his findings today. Berchelmann presided over the August 2009 hearing on the State Commission on Judicial Conduct's charges against Keller. The judicial conduct commission initiated formal proceedings against Keller in February 2009, stemming from allegations that she made a decision that the CCA clerk's office would not remain open past 5 p.m. on Sept. 25, 2007, effectively closing the court to Richard's attorneys, who were trying to file a petition for writ of prohibition and for stay of execution to prevent his execution later that day.
Peggy Fikac writes, "Judge blames defense for executed inmate's botched appeal - Special master says Criminal Court of Appeals judge could have done better, though," for the San Antonio Express-News and Houston Chronicle.
A special master has concluded that Texas Court of Criminal Appeals Presiding Judge Sharon Keller doesn't deserve to be removed from office or even given “further reprimand beyond the public humiliation she has surely suffered” for her conduct in a death row inmate's failed effort to file a last-minute appeal before his execution.
And:
Berchelmann, in blaming the Texas Defender Service for the bulk of the problem, wrote that it didn't begin contemplating a lethal injection claim until two hours after the U.S. Supreme Court agreed to hear the Kentucky case and that it assigned a junior attorney to draft the necessary papers.
Among other points, he wrote that it failed to pursue all possible ways to file the claim with the court; and that it relied on paralegals instead of its experienced lawyers to communicate with court staff.
The special master also didn't endorse Keller's behavior, saying among other things she “should have been more open and helpful” about how the Texas Defender Service could file.
“Further, her judgment in not keeping the clerk's office open past 5:00 to allow the TDS to file was highly questionable,” Berchelmann wrote. “In sum, there is valid reason why many in the legal community are not proud of Judge Keller's actions.”
Berchelmann added, however, that Keller “did not violate any written or unwritten rules or laws.”
“Of course, that does not absolve her of the responsibility to ensure that the courts remain fair and just,” he wrote. “Her conduct, however, does not warrant her removal from office, or even further reprimand beyond the public humiliation she has surely suffered.”
Chuck Lindell posts, "Keller should not be removed from office, special judge says," at the Austin American-Statesman site, and updating.
Presiding Judge Sharon Keller’s lawyer, Chip Babcock, released this statement:
“Judge Keller is gratified for Judge Berchelmann’s decision which finds that ‘she did not violate any written or unwritten rules or laws and her conduct does not warrant removal from office, or even further reprimand.’ Judge Keller takes to heart the advice that she should strive to be more collegial and that the court’s internal communications should improve.”
The Texas Tribune posts, "Sharon Keller Keeps the Bench," by Elise Hu.
The special master finds that all parties - including the Texas Defender Service - were partly at fault, and that Keller's "conduct ... was not exemplary of a public servant". But she won't be removed from the bench or any further reprimand "beyond the public humiliation she has surely suffered," writes Special Master David Berchelmann, Jr.
Earlier coverage begins with this post. Some of the critical early reporting is noted in these posts:
- More on the CCA's Refusal to Consider Richard Stay Request
- Editorial Outrage at CCA Closed Door
- More on the CCA Closed Door
- Ethics Complaint Filed Against CCA Presiding Judge
- More on the Ethics Complaint Against Judge Keller
- Continued Criticism of Presiding Judge Sharon Keller
- More on the September 25 Timeline and the Execution of Michael Richard
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