State Rep. Lon Burnam (D-Fort Worth) has filed a resolution which will trigger impeachment proceedings against Judge Sharron Keller, the presiding Judge of the Texas Court of Criminal Appeals, and could eventually lead to her removal from office.
From Burnam’s press release (we’ll update you again about 7:15 p.m. with original reporting and commentary):
House Resolution 480 accuses Judge Keller of “neglect of duty” for declining to keep her office open past 5 pm to receive the final pleadings of condemned inmate, Michael Richard, on September 25, 2007.
Mr. Richards was executed that night by lethal injection. His lawyers claim that because of his low mental acuity, his execution was “cruel and unusual” based on standards set by the United States Supreme Court.
Today’s filing is the latest in a series of attempts to remove Judge Keller from the bench, including letters to the State Commission on Judicial Conduct from lawmakers, attorneys and community activist calling for her removal. To date the Commission has taken no actions.
“It’s one thing for a banker to close shop at five o’clock sharp,” said Rep. Lon Burnam, the principal author of the resolution. “But a public official who stands between a human being and the death chamber must be held to a higher standard.”
If passed the resolution calls on the House of Representatives to form a committee to investigate the Judge for “gross neglect of duty and willing disregard for human life.” If the House finds cause for impeachment, a trial would then be held in the State Senate.
The State of Texas has not impeached a state judge since the 1970′s when a series of judicial scandals led to ethics reforms.
On the day of the execution, the U.S. Supreme Court announced that it would rule on a case claiming the use of lethal injection unconstitutional. The announcement resulted in a de facto nationwide moratorium on execution as states waited to hear the high court’s ruling. Mr. Richards was the last person executed before the moratorium.
February 17, 2009 at 7:06 pm
subject of a complaint filed with the Commission on Judicial Misconduct signed by 130 attorneys. To be fair, Burnam’s hardly the first to suggest this. And the idea has not been unkindly received: See bloggerly reactions here, here, here,here, here, and here. See also initial MSM coverage of the impeachment articles from Burnam’s hometown paper. I certainly understand Lon’s motivation; it was the same impulse that drove me to pen an essay in 2007 titled ” Why no one likes Judge Keller
February 17, 2009 at 12:56 pm
to keep the innocent behind bars, but infamously closed the courthouse denying a death penalty appeal for Michael Richards. Now Democratic Fort Worth State Rep. Lon Burnam has filed a resolution calling for her impeachment. Good job! More here andhere.
February 16, 2009 at 6:58 pm
[...] to have a nice thorough airing of grievances against the chief culprit of Texas’ worst court. Vince has also noted this. Scott? Mark? Murray? What do y’all think about [...]
February 17, 2009 at 1:49 am
[...] get to have a nice thorough airing of grievances against the chief culprit of Texas’ worst court. Vince has also noted this. Scott? Mark? Murray? What do y’all think about this? Fort Worth area Rep. [...]
February 17, 2009 at 4:10 pm
[...] http://capitolannex.com/2009/02/16/articles-of-impeachment-against-court-of-criminal-appeals-presidi... [...]