| Action |
Date Issued |
Summary |
| Private Admonition of a Former District Court Judge (10/08/01) |
08/01/2001 |
The judge engaged in an improper ex parte communication concerning the merits of a pending Motion to Abate. Shortly after the meeting, the judge signed an Abatement Order and set a hearing on the matter. Because of the judge's ex parte communication, the judge was recused from the case. [Violation of Canon 3B(8) of the Texas Code of Judicial Conduct.] Private Admonition of a Former District Court Judge (10/08/01) |
| Private Order of Additional Education of a Justice of the Peace (10/17/01) |
10/17/2001 |
The judge improperly issued an arrest warrant in a case in which the judge was the victim of the alleged crime. As the victim, the judge's judgment would necessarily be affected, rendering the judge incapable of being a detached, neutral and unbiased magistrate as required by the Fourth Amendment of the United States Constitution. [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) |
| 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) |
| Private Admonition and Order of Additional Education of a Justice of the Peace (10/28/01) |
10/28/2001 |
The judge took no action for eighteen (18) months on a traffic case pending in the judge's court after the judge voluntarily recused from the case. After a trial was finally held, presided over by another Justice of the Peace, the traffic defendant requested to see the court's file. The judge, based on the Public Information Act, denied the traffic defendant's request. Even after the judge was informed by various sources, including staff of the State Commission on Judicial Conduct, that the Public Information Act did not apply to the records of the judiciary, the judge only permitted the traffic defendant to view certain documents contained in the defendant's court's file. The judge further admitted that the policy of the judge's court was to refer any party who requests to see the court's file on his or her case to the Public Information Act, which is posted in the court's office. The judge lacked competence in the laws governing public access to court files and judicial record, and the unreasonable delay in hearing the case constituted an unjustifiable failure to timely execute the business of the court. [Violation of Article 5, Section 1-a(6)A of the Texas Constitution, Section 33.001(b) of the Texas Government Code, and Canon 3B(2) of the Texas Code of Judicial Conduct.] Private Admonition & Order of Additional Education of a Justice of the Peace (10/28/01) |
| Private Warning of a District Court Judge (10/29/01) |
10/29/2001 |
The judge engaged in willful or persistent conduct that cast public discredit upon the judiciary when he used initials instead of proper names in the style of his divorce petition in an effort to prevent the public from learning of his pending divorce. When the media learned of the subterfuge, the judge's conduct received negative publicity. [Violation of Article V, Section 1-a(6)A of the Texas Constitution.] Private Warning of a District Court Judge (10/29/01) |
| Private Order of Additional Education of a Justice of the Peace (11/01/01) |
11/01/2001 |
The judge magistrated two defendants on a number of charges, including for the aggravated assault of the judge's relative. The judge was required by law to disqualify himself from matters involving the judge's family. [Violation of Article 30.01 of the Texas Code of Criminal Procedure and Canons 2A and 3B(1) of the Texas Code of Judicial Conduct.] Private Order of Additional Education of a Justice of the Peace (11/01/01) |
| Private Admonition and Order of Additional Education of a Justice of the Peace (11/09/01) |
11/09/2001 |
The judge confiscated a defendant's shotgun as surety for payment of a $300.00 fine. The judge's action was without legal authority. [Violation of Canon 2A of the Texas Code of Judicial Conduct.] Private Admonition & Order of Additional Education of a Justice of the Peace (11/09/01) |
| Private Admonition of a Justice of the Peace (01/16/02) |
01/16/2002 |
During a hearing involving a juvenile defendant charged with a traffic offense, the judge made inappropriately sarcastic comments to the defendant. The judge then followed the juvenile defendant and the defendant's parents to the parking lot where the judge and the juvenile's parents had a verbal confrontation. [Violation of Canon 3B(4) of the Texas Code of Judicial Conduct.] Private Admonition of a Justice of the Peace (01/16/02) |
| Private Order of Additional Education of a Justice of the Peace (01/16/02) |
|
After voluntarily recusing himself from presiding over a civil lawsuit because of a conflict of interest, the judge granted one party's request for a continuance. The judge lacked the authority to grant the requested Motion for Continuance since the judge had already been removed from the case. The judge's written and verbal responses to the Commission's inquiries further demonstrated a lack of knowledge relating to the proper handling of recusals and the transfer of cases. [Violation of Canon 3B(2) of the Texas Code of Judicial Conduct.] Private Order of Additional Education of a Justice of the Peace (01/16/02) |
| Private Warning of a Justice Of The Peace (02/15/02) |
02/15/2002 |
The judge abdicated his official judicial duties when he allowed his clerk to preside over truancy cases pending in his court, and accept pleas and assess fines in those cases. The judge violated his duty to comply with the law, and failed to hear and decide matters assigned to him when he engaged in this practice. [Violation of Canons 2A and 3B(1) of the Texas Code of Judicial Conduct.] Private Warning of a Justice Of The Peace (02/15/02) |
| Private Reprimand of a Justice of the Peace (03/08/02) |
03/08/2002 |
The judge, on behalf of a relative, sent a letter on the judge's judicial letterhead to two women who were involved in a financial dispute with the judge's relative. The letter improperly asserted that the judge's court had jurisdiction over the financial dispute. The letter further threatened that the judge's relative would file criminal and civil charges against the two women if they did not stop contact with the relative. [Violation of Canon 2B of the Texas Code of Judicial Conduct.] Private Reprimand of a Justice of the Peace (03/08/02) |
| Private Reprimand of a Justice of the Peace (03/08/02) |
03/08/2002 |
The judge improperly intervened on behalf of the defendants to assist them in satisfying a monetary judgment which plaintiffs disputed as inadequate. The judge acted at the request of the defendants made outside the presence of plaintiffs and wrote a letter to plaintiffs insisting, among other things, that plaintiffs accept defendants' personal check in the amount of the judgment. [Violation of Canons 2B and 6C(2) of the Texas Code of Judicial Conduct.] Private Reprimand of a Justice of the Peace (03/08/02) |
| Private Order of Additional Education of a Justice of the Peace (05/09/02) |
05/09/2002 |
The judge required at least fifteen defendants to post cash only bonds between August 31, 2000 and May 14, 2001. Attorney General Opinion No. JM-363, affirming prior case law, points out that a court is not vested with the discretion to require a cash or surety bond to the exclusion of the other. The judge misinterpreted the law to read that he could require a cash bond only. [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 (05/09/02) |
| Private Warning of a Justice of the Peace (06/05/02) |
06/05/2002 |
The judge, while acting in his official capacity, used the judge's position and authority as the judge to advance the private interests of a citizen who wished to have a citation transferred from a neighboring precinct. [Violation of Canon 2B of the Texas Code of Judicial Conduct.] Private Warning of a Justice of the Peace (06/05/02) |
| Private Order of Additional Education of a Justice of the Peace (06/21/02) |
06/21/2002 |
As a result of the judge's off-the-bench conduct in connection with his consumption of alcoholic beverages and his inability to remain sober for any extended length of time, and following the judge's successful participation in the Commission's Amicus Curiae program, the Commission accepted the recommendation from the Amicus Board that the judge remain monitored by Amicus for another year. [Violation of Article 5, Section 1-a(6)A of the Texas Constitution.] Private Order of Additional Education of a Justice of the Peace (06/21/02) |
| Private Order of Additional Education of a Justice of the Peace (06/21/02) |
06/21/2002 |
The judge, while interviewing prospective jurors, exhibited a lack of patience, dignity and respect toward one of the prospective jurors when she ordered the bailiff to forcibly remove the prospective juror's tearful 4-year-old child from the courtroom. [Violation of Canon 3B(4) of the Texas Code of Judicial Conduct]. Private Order of Additional Education of a Justice of the Peace (06/21/02) |
| Private Admonition of a Municipal Court Judge (06/25/02) |
06/25/2002 |
The judge found a courtroom spectator in direct contempt for the unauthorized practice of law, and ordered him to spend 72 hours in jail and pay a fine of $100. Instead of holding a hearing to determine whether the spectator had engaged in the unauthorized practice of law, the judge drew his own conclusion based on a conversation that was related to him by a third party. The judge did not follow proper contempt procedures, denied the alleged contemnor the right to be heard, and unlawfully deprived the alleged contemnor of his liberty by sentencing him to jail. [Violation of Canons 2A and 3B(8) of the Texas Code of Judicial Conduct.] Private Admonition of a Municipal Court Judge (06/25/02) |
| Private Admonition of a Justice of the Peace (07/12/02) |
07/12/2002 |
The judge, in an attempt to help a family with whom she was acquainted, became involved in a pending criminal case involving one of the family members. The judge discussed the merits of the case with the victim of the pending criminal case, and did not issue a capias based on her relationship with the defendant's family. As a result of the judge's involvement in the case, the defendant received more favorable treatment than other defendants faced with similar charges. [Violation of Canons 2B and 6C(2) of the Texas Code of Judicial Conduct.] Private Admonition of a Justice of the Peace (07/12/02) |
