Maybe Sharon Keller won't get to complete her full term on the Texas Court of Criminal Appeals. She is not up for re-election until 2012, but her term in office could be shortened because of her unethical conduct.
Today, twenty lawyers from across Texas filed a formal judicial conduct complaint against Texas Court of Criminal Appeals Presiding Judge Sharon Keller, accusing her of violating the constitutional due process of a condemned man. The complaint will be investigated by the State Commission on Judicial Conduct, which has the power to discipline Keller, including removing her from office.
The Houston Chronicle is reporting:
The complaint to the State Commission on Judicial Conduct says Keller improperly cut off appeals that led to the execution of Michael Richard on Sept. 25 despite the fact the U.S. Supreme Court earlier in the day had accepted a case on the propriety of lethal injection, which had direct implications for Richard's execution.
"Judge Keller's actions denied Michael Richard two constitutional rights, access to the courts and due process, which led to his execution," the complaint states. "Her actions also brought the integrity of the Texas judiciary and of her court into disrepute and was a source of scandal to the citizens of the state."
And more:
Judge Cheryl Johnson was the appeals court jurist in charge of Richard's case. She said she never heard anything about the clerk's office closing off the appeal until the following day.
"I wasn't consulted," Johnson said. "I have been here almost nine years. My understanding was that on a death case we were here up until the time of the execution and we would take filings that came in up until 6 o'clock and the execution is underway."
You can read the full text of the complaint at the Texas Moratorium Network blog.