Private Order of Additional Education of a Justice of the Peace (10/17/01)
10/17/2001
The defendant, who had been served with a summons to appear for trial the Friday evening before the Monday morning hearing, made an oral request for a continuance in order to obtain additional time to hire an attorney. The judge commenced the criminal trial without advising the defendant of his constitutional rights, without taking the defendant's plea, and without obtaining a written jury waiver. Throughout the trial, the judge assumed the role of prosecutor by aiding the alleged victim in the presentation of the case against the defendant. The judge found the defendant guilty of the offense and improperly signed and entered a civil judgment in the criminal matter. The judge denied the defendant's constitutional rights, and demonstrated that the judge lacked competence in the laws governing criminal trial procedures. [Violation of Canons 2A and 3B(2) of the Texas Code of Judicial Conduct.] Private Order of Additional Education of a Justice of the Peace (10/17/01)
