When judge becomes defendant
It's not surprising that the blawgosphere is buzzing over the ethics complaint filed against Sharon Keller of the Texas Court of Criminal Appeals. Both Scott Greenfield and Mark Bennett have weighed in on the issue. Grits collects some of the numerous editorials that have come out. As you would imagine, no one is coming to her defense.
The complaint contains additional details that were not well known. We knew that she instructed the clerk's office to close at 5:00, even though she knew MIchael Richard's lawyers were planning on filing a request for stay. Some of the other facts are truly outstanding, and show the mentality that is far to common among criminal court judges.
It appears a little thing someone's life wasn't going to get in the way of really important things; she had to go home to meet a repairman. After all, everyone would want to make sure everything in her house was working properly. Some of the justices were actually taking their job seriously; they stayed late to review the anticipated filing. They were never told that the clerk's office had been closed, and nothing could be filed. Apparrently they expressed their surprise the following day, and were never told what had happened. This included Justice Cheryl Johnson who actually had the responsibility of ruling on Richard's requests.
That conduct illustrates an extreme, that in lesser measure is far too common; judges don't see defendants as real people, with real families. They are viewed as defendants - convicted criminals. No matter what they have done, they are still people, and deserve some respect. That respect at a minimum should include actually reviewing their case before making a decision. It also includes putting your job ahead of your personal interests. I firmly believe that we will be judged by how we treat the least among us; that includes people like Michael Richard.
Justice Keller is now basically a defendant. Although criminal charges are not a possibiity, these proceedings will determine her future. I'm reasonably sure she wants to be treated with respect; she probably expects more because of her position as a Justice on the Court of Criminal Appeals. She will probably get a full and fair hearing. No one is going to close the office, or go home early. Everyone will bend over backward to ensure she is treated fairly. She will probably get the benefit of every right she is entitled, even those she thinks defendants shouldn't have. Fortunately for her, she will probably get to exercise the very rights that she has voted to extinquish - rights like due process, confrontation and even the presumption of innocence.
Fortunately for society its rare for a judge to become a defendant. When they do, I'm sure their perpective. All those rights they think should be limited suddenly become important. We will have to wait and see what happens - I have no idea. One thing I do know t hough; I doubt there are many people in the Texas Department of Criminal Justice that are upset about what is happening.
