Private Admonition and Order of Additional Education of a Municipal Court Judge. (11/22/11).

11/22/2011

The judge failed to follow the proper steps under Article 45.046 of the Texas Code of Criminal Procedure by issuing a capias pro fine warrant and a commitment order directing defendant to serve time in jail in order to discharge a fine. The commitment order was issued on the same day the judge entered the judgment of guilt and assessed the fine. It was clear the defendant was not afforded an opportunity to make a good faith effort to discharge the fine before arrest and commitment to jail. Other discrepancies in the court record raised questions as to whether the judge had followed proper procedures in earlier stages of the case. [Violation of Canons 2A and 3B(2) of the Texas Code of Judicial Conduct.] Private Admonition and Order of Additional Education of a Municipal Court Judge. (11/22/11).