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Private Sanctions Issued FY 2008

Action Date Issued Summary
Private Order of Additional Education of a Justice of the Peace. (10/02/07). 10/02/2007 The judge failed to obtain the mandatory judicial education hours during fiscal year 2006. [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. (10/02/07).
Private Order of Additional Education of a Justice of the Peace. (10/09/07). 10/09/2007 The judge engaged in improper ex parte communications and improperly delegated his role as fact-finder by approaching a private accountant to act as an "expert witness" in determining whether the plaintiff had proven his case. Although the judge obtained the consent of the parties before involving the accountant, the judge did not provide the parties with the opportunity to review or challenge the accountant's findings in court. [Violation of Canons 2A, 3B(2), and 6C(2) of the Texas Code of Judicial Conduct.] Private Order of Additional Education of a Justice of the Peace. (10/09/07).
Private Order of Additional Education of a Municipal Judge. (10/18/07). 10/18/2007 The judge engaged in improper ex parte communications with a traffic defendant, dismissed the defendant's case without a motion from or notice to the prosecutor, and required a newspaper reporter to file a written request under the Texas Public Information Act before providing him with a copy of the court's file in the case. [Violation of Canons 2A, 3B(2) and 6C(2) of the Texas Code of Judicial Conduct.] Private Order of Additional Education of a Municipal Judge. (10/18/07).
Priv Adm of MU (12/13/07). 12/13/2007 The judge failed to follow proper procedures and denied a traffic defendant his due process rights by finding the defendant in direct contempt of court for arriving late for his trial. [Violation of Canons 2A and 3B(2) of the Code of Judicial Conduct.] Private Admonition of a former Municipal Judge. (12/13/07).
Private Admonition of a District Judge. (01/14/08) 01/14/2008 The judge ordered a criminal defendant to remain incarcerated without bond prior to his trial after sua sponte finding that his surety bond was insufficient. The judge further engaged in conduct that caused at least two jurors to believe that she had a disqualifying bias or prejudice against the criminal defendant and his attorney. [Violations of Canons 2A, 3B(2), and 3B(5) of the Texas Code of Judicial Conduct.] Private Admonition of a District Judge. (01/14/08)
Private Reprimand of a County Court at Law Judge. (02/04/08) 02/04/2008 The judge found an out of town attorney in constructive contempt of court without affording him certain due process rights. In lieu of serving time in jail, the attorney was offered the opportunity to donate large sums of money to several charitable organizations, one to which the judge had a close connection. [Violations of Canons 2A, 2B, 3B(2) and 4C(2) of the Texas Code of Judicial Conduct.] Private Reprimand of a County Court at Law Judge. (02/04/08)
Private Admonition of a former Justice of the Peace. (02/27/08) 02/27/2008 The judge denied an indigent pro se litigant the right to file suit and to be heard in her court. [Violation of Canons 2A, 3B(2), and 3B(8) of the Texas Code of Judicial Conduct.] Private Admonition of a former Justice of the Peace. (02/27/08)
Private Warning and Order of Additional Education of a Municipal Judge. (02/28/08) 02/28/2008 While presiding over a case against a defendant charged with violating a city ordinance, the judge violated several procedures, including, but not limited to, (a) closing the proceedings to the public; (b) failing to take the defendant's plea; (c) conducting a criminal proceeding without a prosecutor; (d) reconvening the hearing at the defendant's property to observe a compliance inspection; (e) engaging in improper ex parte communications; and (f) ordering the arrest of the defendant and a friend without having sufficient probable cause. [Violation of Canons 2A, 3B(2), and 6C(2) of the Texas Code of Judicial Conduct.] Private Warning & Order of Additional Education of a Municipal Judge. (02/28/08)
Private Warning of a District Court Judge. (03/06/08) 03/06/2008 In one case, the judge allowed his frustration with the behavior of certain litigants to manifest itself in a lack of patience, dignity and courtesy. The judge further failed to allow the parties an opportunity to be heard regarding the terms of an attorney's employment contract, despite objections that the judge may have received the contract and a motion to award the attorney a disputed amount of interest in real property in an improper ex parte manner. In a separate matter, the judge criticized an attorney and her paralegal at a social function and informed that attorney's client that he intended to find the attorney in contempt of court at an upcoming hearing. The judge further failed to notify the attorney that the upcoming hearing would involve contempt charges. [Violation of Canons 3B(4) and 3B(8) of the Texas Code of Judicial Conduct.] Private Warning of a District Court Judge. (03/06/08)
Private Order of Additional Education of a Justice of the Peace. (04/07/08) 04/07/2008 After the defendant failed to answer a small claims suit, the judge scheduled a default judgment hearing to determine the amount of damages to award the plaintiff. However, nearly one month prior to the scheduled hearing, without notice to the parties, the judge entered a default judgment finding that the plaintiff was not entitled to recover any damages. [Violation of Canons 2A, 3B(2) and 3B(8) of the Texas Code of Judicial Conduct.] Private Order of Additional Education of a Justice of the Peace. (04/07/08)
Private Order of Additional Education of a Justice of the Peace. (04/07/08) 04/07/2008 The judge failed to conduct a hearing before issuing peace bonds, as required by Art. 7.01, et seq., of the Texas Code of Criminal Procedure. [Violation of Canons 2A, 3B(2) and 3B(8) of the Texas Code of Judicial Conduct.] Private Order of Additional Education of a Justice of the Peace. (04/07/08)
Private Order of Additional Education of a Justice of the Peace. (04/07/08) 04/07/2008 After the defendant failed to answer a small claims action filed against him, the plaintiff requested a default judgment and asked for a hearing to determine his claim for unliquidated damages. Prior to the scheduled hearing, the judge reviewed the case file and determined on her own, without notice or hearing, that the plaintiff was not entitled to recover damages from the defendant. The judge entered a default judgment in plaintiff's favor, awarding him no money, one month before the scheduled hearing, effectively depriving the parties of their right to be heard. Though none of the parties had been notified to appear at the time of her decision, the judge did announce her ruling "in open court." [Violations of Canons 2A, 3B(2), and 3B(8) of the Texas Code of Judicial Conduct.] Private Order of Additional Education of a Justice of the Peace. (04/07/08)
Private Warning and Order of Additional Education of a Justice of the Peace. (05/05/08) 05/05/2008 After learning that his nephew had been arrested, the judge went to the jail, rescinded the bond set by the magistrate, and ordered the release of his nephew from jail on a personal recognizance bond without first reviewing the probable cause affidavit supporting his nephew's arrest. [Violation of Canon 2B of the Texas Code of Judicial Conduct.] Private Warning & Order of Additional Education of a Justice of the Peace. (05/05/08)
Private Admonition of a County Probate Court Judge. (05/05/08) 05/05/2008 The judge favored his court investigator and his personal accountant with court appointments to a guardianship matter pending in his court. The judge continued to preside over the probate matter during his brief marriage to his court investigator, and signed an order approving an award of fees to his wife's attorney during this time. [Violations of Canons 2A, 3B(1), 3C(4) and 4D(1) of the Texas Code of Judicial Conduct and Article V, Section 1-a(6) of the Texas Constitution.] Private Admonition of a County Probate Court Judge. (05/05/08)
Private Warning of a Justice of the Peace (05/29/08). 05/29/2008 After her vehicle was repossessed, a neighbor asked the judge to become personally involved in her dispute with the seller. On the neighbor's behalf, the judge wrote a letter, on judicial letterhead, stating that the seller had "illegally removed" the neighbor's automobile, even though no case was pending and no court had made such a finding. In the letter, the judge represented that the dispute was a "pending matter" and that any questions could be directed to the judge. The neighbor was allowed to use the judge's letter to persuade the towing company to release the automobile to her. [Violation of Canons 2A, 2B, 3B(2) and 3B(10) of the Texas Code of Judicial Conduct.] Private Warning of a Justice of the Peace (05/29/08).
Private Warning and Order of Additional Education of a Justice of the Peace (07/21/08). 07/21/2008 The judge issued an arrest warrant for an individual based on information provided to her by a private citizen rather than by law enforcement. The judge then magistrated the individual the day after assisting the complaining citizen in securing belongings from the individual's home, and released the individual on a PR bond in violation of Article 17.03(b)(1)(E) of the Texas Code of Criminal Procedure. The judge further failed to notify the individual of the date and time of his appearance in court, as required by Article 17.04 and 17.08 of the Texas Code and Criminal Procedure. [Violation of Canons 2A and 3B(2) of the Texas Code of Judicial Conduct.] Private Warning & Order of Additional Education of a Justice of the Peace (07/21/08).
Private Warning and Order of Additional Education of a Justice of the Peace (07/22/08) 07/22/2008 After the judge granted the plaintiff's request for transfer of venue, he failed to follow through with the transfer of the case to the other court, located just across the hall. The judge further failed to inform the plaintiff, despite numerous inquiries, that his court clerk had mistakenly closed the case. The judge's actions and failure to communicate with the plaintiff denied the litigant his right to be heard and denied him access the courts and unreasonably delayed the resolution of plaintiff's case. (Violation of Canons 3B(2) and 3B(8) of the Texas Code of Judicial Conduct and Article V, Section 1-a(6)A of the Texas Constitution.] Private Warning & Order of Additional Education of a Justice of the Peace (07/22/08)
Private Warning of a District Judge (08/05/08). 08/05/2008 The judge erroneously applied federal law, instead of state law, when he failed to immediately order a defendant convicted of murder be taken into custody following sentencing. [Violation of Canons 2A and 3B(2) of the Texas Code of Judicial Conduct and Article V, Section 1-a(6) of the Texas Constitution.] Private Warning of a District Judge (08/05/08).
Private Warning of a Former Justice of the Peace (08/05/08). 08/05/2008 The judge failed to accept a litigant's small claims filings, failed to investigate and resolve concerns as to potential procedural defects regarding the litigant's claims, and failed to communicate with the litigant or respond to his inquiries as to the status of his claims. [Violation of Canons 2A and 3B(2) of the Texas Code of Judicial Conduct.] Private Warning of a Former Justice of the Peace (08/05/08).
Private Warning of a County Court at Law Judge (08/15/08). 08/15/2008 The judge failed to comply with well-established procedures requiring full disclosure of a relationship that might warrant his recusal, which effectively prevented the litigants from making an informed decision about whether the judge was capable of fairly and impartially deciding a custody case. [Violation of Canons 2A, 2B, and 3B(1) of the Texas Code of Judicial Conduct.] Private Warning of a County Court at Law Judge (08/15/08).
Private Admonition of a Probate Judge (08/29/08). 08/29/2008 In one case, the judge permitted a litigant's attorney to engage in improper ex parte communications with the court and court staff and, in a separate case, failed to comply with the law when he granted that same attorney ex parte "emergency" relief in the absence of sworn pleadings or affidavits in support of the request. [Violation of Canons 2A and 3B(8) of the Texas Code of Judicial Conduct.] Private Admonition of a Probate Judge (08/29/08).