Saturday, May 01, 2010

Judge Keller Dodges Another Bullet


It looks like Judge Sharon Keller on the Texas Court of Criminal Appeals (the highest court in Texas for criminal appeals) has earned a new nickname -- "the teflon judge", because none of her wrongdoing seems to stick to her. After repeated ethical lapses, she's still a justice on Texas' highest criminal court.

In the recent past, she took off at five o'clock even though an execution was scheduled that night in Texas. It has always been court policy for a court justice to remain at the office on execution days in case an appeal needed to be lodged with the court, and that day it was Judge Keller's turn to stay. She ignored her judicial duties and left that day. When the convict's attorney's tried to make a last minute appeal, they could not locate Judge Keller. The execution proceeded without the appeal being made.

The appeal might not have saved the executed man, but it was Judge Keller's responsibility to at least hear the appeal. It was a clear dereliction of duty on her part. But after hearing the complaint about her conduct, a judicial commission refused to remove her from the bench (as should have happened). They basically just slapped her on the wrist. Now she has survived another investigation of her unethical behavior.

This time it regarded her hiding income and wealth, instead of declaring it on her state required financial disclosure statement. And we're not talking about her hiding a small amount here. No, she hid well over $2.5 million. It can be understandable that a state official might forget a small amount, but hiding millions of dollars can't be classified as a little mistake. You have to intentionally go out of your way to hide that much money.

But she got caught. Texans for Public Justice filed a complaint accusing Keller of violating Texas law by failing to disclose all of her income and financial holdings. An investigation was conducted by the Texas Ethics Commission (TEC). The TEC found she had indeed tried to hide much of her wealth from disclosure. Here is what she tried to hide (and it's a lot):

■ Eight interests in real property that were valued at more than $2.4 million in 2006 and at $2.8 million in 2007.


■ Between 100 and 499 shares of stock in a business.


■ Up to nine sources of income from interest, dividends, royalties and rents that totaled at least $121,500 in 2007.


■ One money market account and certificates of deposit – 20 in 2006 and 22 in 2007.


■ One "beneficial" interest in a business entity.


■ Board or executive positions – five in 2006 and four in 2007.



The TEC did fine the judge $100,000 (a record fine for the TEC). But Judge Keller (pictured) still gets to keep her job on the court. She still gets to make decisions about people who have been convicted of breaking state laws, even though she herself is guilty of breaking that same state's law.

It looks like it will be up to the voters to remove this sad excuse for a justice from the bench, since state Republican officials refuse to do it. She should already have been impeached, but the Republican-dominated legislature is not about to do that to a fellow Republican.

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