Keller Ethics Rebuke Tossed [Case Closed]
For Criminal Court of Appeals Judge Sharon Keller, a court review of a 2007 execution and her action (or inaction) in facilitating it was closed Monday.
Judge Keller had been accused of closing court offices at 5 p.m., despite knowing lawyers for Michael Richard, a convicted rapist and murderer, were attempting to file a last minute appeal. The Court of Criminal Appeals is Texas' highest court for criminal cases.
Monday's ruling threw out the February 2009 judgment by the Commission on Judicial Conduct ("Commission"). Then, the Commission charged the judge with improperly denying Richard's lawyers, and (by extension) the inmate, access to the courts. The judge was also accused of violating her judicial duty for failing to notify the Appeals judge assigned to the Richard's case the night of his execution.
The issues which led to a favorable ruling for Judge Keller came by technicality rather than merit. The reviewing court found the Commission erred in their choice of punishment, issuing a warning when “censure”, a more serious penalty, should have been issued. Her actions, however, were not addressed by the three judge panel.
The Texas Moratorium Network, an anti-death penalty group, released a statement from president Scott Cobb saying, "It is not surprising that an all-Republican review panel would let Sharon Keller off on a technicality instead of holding her responsible for her judicial misconduct. Sharon Keller may have got off on a technicality, but a majority of the State Commission on Judicial Conduct found that she did not accord a person about to be executed with access to open courts or the right to be heard according to law."
Indeed, while the judge technically won (the Commission can't appeal the ruling), it may be a pyrrhic victory as the matter of her attorney's fees still remain. The Statesman reports her lawyer, Chip Babcock, estimated his fees would total less than $1 million, but would likely be in the six-figure range.
