Misconduct Trial Begins Today for Texas Judge Who Refused Late Capital Appeal
The presiding judge of the highest criminal appeals court in Texas is expected to testify on her own behalf in a hearing that begins today. At issue is whether Judge Sharon Keller committed misconduct by refusing a late-filed capital appeal.
Lawyers for death row inmate Michael Richard had been scrambling to file an appeal on Sept. 25, 2007, because of a decision earlier in the day by the U.S. Supreme Court to accept a case challenging the constitutionality of a three-drug lethal injection cocktail. Keller told a court employee who called her at home about the request for a late appeal that the court closes at 5 p.m. Richard was executed later that evening.
Prosecutors for the State Commission on Judicial Conduct contend Keller had a duty to inform a judge on call about the lawyers’ request, the Houston Chronicle reports. But Keller’s lawyer contends it was up to the inmate’s lawyers to call the on-duty judge.
Keller’s lawyer, Chip Babcock, also argues that lawyers for Richard fabricated or exaggerated computer problems blamed for the late filing.
Keller’s critics have nicknamed her “Sharon Killer” for her tough-on-crime reputation, the Associated Press reports. After this week’s hearing, the conduct commission could drop the ethics charges, issue a censure or suggest that Keller be removed from the bench.
Seana Willing, executive director of the judicial conduct commission, will act as a prosecutor during the hearing, the Austin American-Statesman reports. “This isn’t about whether you are for or against the death penalty. It’s really about process,” she said.
“I think even the most ardent supporter of the death penalty would agree that you want to make sure … the process is followed and there aren’t mistakes along the way.”
