Keller Hearing Starts Today

On September 25, 2007, Judge Sharon Keller of the Texas Court of Criminal Appeals decided to close the court offices at 5:00pm and go home. On a normal day that would be appropriate, but on that particular day an execution was scheduled in Huntsville.

Out of both tradition and good sense, the Court of Criminal Appeals stays open late on execution dates just in case of some kind of emergency. And an emergency happened that day. Attorneys for the condemned man had computer problems. That meant the only way they could file an appeal was to contact the court (which Keller had closed). The man was executed that night without his attorneys being able to file their last appeal.

Now it doesn't matter whether the man deserved to be executed or not, or whether the last minute appeal would have stopped the execution or not. The fact is that he should have had to opportunity to file that appeal, but the callous action of Judge Keller prevented that.

Today, Judge Keller goes on trial for judicial misconduct. The judge hearing the special trial will present a report to the Texas Judicial Commission. It will be up to that commission to dismiss the charges, censure her, or recommend her removal from the bench.

In her defense, she says no one ever told her of the computer problems. The problem with that argument is that if she'd kept the court open late as she should have, the attorneys would have been able to both tell her of the problems and file their appeal.

I think Judge Keller should be removed from the bench. Taking a life is the most extreme action the state can take, and it should be done right if at all, with the rights of the condemned man protected. We need to replace her on the court with someone who observes the rules and protects everyone's rights.

Texans deserve no less.