Texas Supreme Court Upholds Keller Reprimand

"Judge's reprimand in death penalty case stands," is Michael Graczyk's AP filing, via Google News.

The Texas Supreme Court refused Monday to overturn a judicial conduct panel's reprimand of the state's highest criminal court judge for her handling of an execution-day appeal.

Judge Sharon Keller, presiding judge of the Texas Court of Criminal Appeals, had appealed the "public warning" the State Commission on Judicial Conduct gave her July 16. The warning was one of the least severe sanctions that panel could have imposed, but Keller's lawyer claimed the Texas Constitution didn't allow such a warning.

The Supreme Court disagreed.

The brief order from the court in Austin indicated only that Keller's petitions in the case were denied and Justice Nathan Hecht did not participate in the ruling.

"Obviously, we're disappointed they didn't accept the case for review," said Keller's attorney, Chip Babcock.

The reprimand stemmed from the 2007 execution of twice-convicted killer Michael Wayne Richard. His lethal injection came the same day the U.S. Supreme Court agreed to consider a Kentucky case claiming the method of punishment was unconstitutionally cruel.

And:

The 13-member judicial conduct panel could have recommended the Texas Supreme Court remove Keller from the bench but such action would have been historically extraordinary. The commission did say her actions amounted to "willful or persistent conduct that is clearly inconsistent with the proper performance of her duties." It also decided she had cast "public discredit on the judiciary."

Keller then appealed, asking for the public warning to be removed from her record and allegations of judicial misconduct to be dismissed.

The case is "by no means" over, Babcock said Monday. He said he was writing a letter Monday asking Supreme Court Chief Justice Wallace Jefferson to appoint a special court of review or hold an entirely new trial similar to the one Keller had before the Judicial Conduct Commission.

"Whatever the court thinks is appropriate," he said. "We could have another trial in front of three judges appointed by the court if the court decides it's permissible."

Babcock acknowledged such a proceeding would be "unusual" and something that hadn't happened before.

Chuck Lindell posts, "Supreme Court denies Keller appeal," at the Austin American-Statesman.

The Texas Supreme Court this morning denied Judge Sharon Keller’s request to throw out last month’s public rebuke for her role in a botched 2007 death row appeal.

Later today, Keller’s lawyers are expected to file a separate appeal challenging the “public warning” given by the State Commission on Judicial Conduct. That appeal will ask Supreme Court Chief Justice Wallace Jefferson to name, by random drawing, three appeals court justices to review whether the warning was justified.

Today is the deadline for requesting the three-judge panel, which apparently would hold its own hearing — with witnesses, cross-examination and exhibits. (I wrote about the confusion regarding this appellate process last month.)

The Supreme Court did not elaborate or give reasons for its 8-0 ruling. Justice Nathan Hecht, who successfully challenged a public rebuke by the commission in 2006, did not participate.

Texas Lawyer's Tex Parte blog has, "Texas Supreme Court denies CCA Presiding Judge Sharon Keller’s petition for writ of mandamus."

Without issuing an opinion, the Texas Supreme Court today denied Court of Criminal Appeals Presiding Judge Sharon Keller’s petition for a writ of mandamus. Justice Nathan Hecht did not participate in the Supreme Court’s decision. Keller filed the mandamus writ petition July 29, asking that the Supreme Court vacate the public warning that the State Commission on Judicial Conduct issued to her on July 16.

Earlier coverage begins here. 

The Commission's Findings, Conclusions and Order of Public Warning is here.

Other key documents in the case include:

• Examiner's Objections and Responses filed by attorney John McKetta
• Objections filed by attorney Chip Babcock
• Findings.by Special Master David Berchelmann
• Charges brought by the Commission on Judicial Conduct

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

Keller is also facing a record fine issued by the Texas Ethics Commission over her financial disclosure filings, noted here.