Keller deserves punishment, prosecutors argue

[sonias]

AAS Focal Point blog 2/17/10
Keller deserves punishment, prosecutors argue
Seeking to revive their case against Judge Sharon Keller, prosecutors argued Wednesday that Keller deserves to be reprimanded or removed from office for refusing to accept a late execution-day appeal in 2007.

In documents filed Wednesday with the State Commission on Judicial Conduct, which will weigh Keller’s fate, prosecutors objected to a special master’s conclusion that Keller was not to blame for failures that resulted in death row inmate Michael Richard being executed without his final appeal being heard in court.

Dismissing the findings by Special Master David Berchelmann Jr. as irrelevant and misguided, prosecutors said Keller’s conduct in Richard’s case “was clearly inconsistent with the proper performance of her duties … and cast public discredit on the judiciary.”

Keller’s lawyer, Chip Babcock, also filed objections to Berchelmann’s findings, issued last month after he heard four days of testimony in August.

Looks like Killer Keller isn't off the hook entirely.

Sonia

[sonias]

1. Grits for Breakfast weighs in

Grits for Breakfast 2/17/10
Examiner's objections due today in Sharon Keller removal proceedings

Today is the deadline for any objections by the examiner to findings of fact by the Special Master in Judge Sharon Keller's case before the Texas Commission on Judicial Conduct. I'll post a link when it becomes available.

UPDATE: Here are the formal objections (pdf) to the Special Master's findings, which were released at the end of the day. More tomorrow morning after I've had a chance to review the document. See also Judge Keller's response (pdf) to the Special Master.

ADDITIONAL THOUGHT: Judge Berchelmann's findings purporting to exculpate Sharon Keller were heavily covered by the media. Do you think the examiner's suggestion today that Judge Keller exhibited a "total failure in acceptance of any accountability" will receive equally wide play?

Nice to see this isn't over for Keller. Glad the prosecutors did not drop this.

[sonias]

2. Effort to remove judge resumes

AAS 2/18/10
Effort to remove judge resumes
Prosecutors object to report that says Keller broke no law
Seeking to revive their case against Judge Sharon Keller, prosecutors argued Wednesday that Keller deserves to be reprimanded or removed from office for refusing to accept a late execution-day appeal in 2007.

(snip)
Though emphatically in Keller's favor, Berchelmann's findings also criticized Keller for questionable judgment when she refused to keep the Court of Criminal Appeals clerk's office open past 5 p.m. Richard's lawyers had requested extra time to file an appeal based on a U.S. Supreme Court decision that morning.

(snip)
After that meeting, the 13-member commission will meet in private to decide whether to drop the charges, reprimand Keller or recommend her removal from office. That decision could take weeks, perhaps months, and a removal recommendation would kick off a new inquiry by a specially created seven-member panel of appellate court judges.

Keller, a Republican, has been on the Court of Criminal Appeals since 1995, including the past nine years as presiding judge, or leader of the nine-member court.
(snip)
Prosecutors argued that Berchelmann improperly portioned out blame as if he were presiding over a negligence lawsuit instead of judicial misconduct charges.

Well at least the whole time this case goes on Keller will have a cloud over her head. Not that it bothers her, but perhaps it will bother voters enough to kick her out next time.