Keller Wants Her Conduct Judged By A Stricter Standard Than Allowed In Hearing

Sharon Keller believes that ethics charges brought against her should be required to be judged by a higher standard than that required by the rules of the Texas Commission on Judicial Conduct–even though all other judges are held to the Commission standards.

In a motion filed last week, Keller, the Presiding Judge of the Texas Court of Criminal Appeals who is facing possible removal from office for her actions related to the closing of the state’s highest criminal court before the execution of Michael Richards, argues that the judge trying her case should base his findings of fact on the evidentiary standard of “clear and convincing evidence.”

TCJC rules, however, stipulate that special masters hearing cases such as Keller’s should use the “preponderance of the evidence” standard.

It is amusing that Keller, who has presided over a court that has played fast and loose with standards in various cases–such as execution of the mentally retarded–would make this request.

If Keller’s request is granted, it would mean that a trier of fact (the special master or judge) would have a more difficult time finding her to have violated the standards of judicial conduct. It would also mean that Keller would be tried by a standard of evidence that doesn’t apply to other judges.

It is doubtful the Court will grant Keller’s motion, but stranger things have happened.

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