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Former Clements Appointee To Court Of Criminal Appeals Will Preside Over Complaint Against Keller

A former Court of Criminal Appeals judge will preside over the Texas Commission on Judicial Conduct hearing related to the conduct of CAA Presiding Judge Sharon Keller.

37th District Judge David Berchelmann, Jr., who was appointed to the Court of Criminal Appeals by Governor Bill Clements in 1989, was appointed last week by the Texas Supreme Court.

Texas Lawyer has more:

A longtime judge from Bexar County will preside over the public hearing for Court of Criminal Appeals Presiding Judge Sharon Keller. In an April 9 order, the Texas Supreme Court appointed 37th District Judge David Berchelmann Jr. as the special master to conduct the hearing on Keller’s alleged “willful and persistent conduct” in failing to follow CCA execution procedures in September 2007. The hearing, which is scheduled to begin Aug. 17 in Austin, will focus on Keller’s alleged misconduct on the day the state executed Michael Richard after his attorneys were told that the CCA would not remain open past 5 p.m. to receive Richard’s motion for stay of execution and writ of prohibition. On Feb. 19, the State Commission on Judicial Conduct issued a Notice of Formal Proceedings against Keller in connection with Richard’s case. Keller denied all the charges in her March 24 answer to the commission’s notice. Berchelmann likely is familiar with CCA procedures. In 1989, then-Gov. Bill Clements appointed Berchelmann to the CCA, where he served through 1992. After hearing evidence in the case, Berchelmann will make a recommendation to the judicial conduct commission. Keller faces possible removal from office.

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Filed Under: Before The Courts

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