| Action |
Date Issued |
Summary |
| Private Admonition and Order of Additional Education of a Justice of the Peace. (09/10/13). |
09/10/2013 |
The judge failed to follow the law and demonstrated a lack of professional competence in the law when she: 1) became involved in a church dispute over which she had no jurisdiction; 2) granted a writ of re-entry in a case in which the parties were not in a landlord-tenant relationship; 3) denied a litigant's right to be heard at the hearing; and 4) denied the litigant's right to appeal the order granting the writ of re-entry and/or advised the litigant that a writ of re-entry was not an appealable order. [Violation of Canons 2A, 3B(2) and 3B(8) of the Texas Code of Judicial Conduct.] Private Admonition & Order of Additional Education of a Justice of the Peace. (09/10/13). |
| Private Reprimand of a Senior Judge. (09/16/13). |
09/16/2013 |
The judge failed to follow the law when he sua sponte remanded a defendant into custody and doubled her bond after she appeared in court without her attorney. There was no evidence in the record that (a) the defendant had missed a court date or was late for the hearing, (b) her bond was defective or insufficient, or (c) "other good and sufficient cause" existed for sending her to jail. Absent a record of the judge's reasons for finding the bond insufficient, one could conclude that the defendant served three days in jail simply because she came to court without her attorney. [Violation of Canon 2A of the Texas Code of Judicial Conduct.] Private Reprimand of a Senior Judge. (09/16/13). |
| Private Admonition of a District Judge. (09/16/13). |
09/16/2013 |
The judge lost his patience, and failed to act in a dignified, courteous manner when he ordered law enforcement officers and members of the victim's family to leave the courthouse following a criminal trial. The judge should have exercised more judicial restraint and decorum in the manner in which he continued to pursue the departure of these individuals while they waited in the safety of the district attorney's office. It appeared, given the history of conflict between the judge and the district attorney, that the judge may have been taking out his anger or frustration with the district attorney by lashing out at the family members instead, leaving the family members feeling victimized once more. [Violation of Canon 3B(4) of the Texas Code of Judicial Conduct.] Private Admonition of a District Judge. (09/16/13). |
| Private Admonition and Order of Additional Education of a Justice of the Peace. (09/23/13). |
09/23/2013 |
The judge failed to adequately supervise his court staff, failed to failed to follow the law, and/or demonstrate a lack of professional competence in the law when: 1) the defendant's change of plea was accepted by telephone without any written documentation; 2) the defendant was prevented by the court clerk from having the judge determine whether he could be placed on a payment plan, as required by Article 45.041(b)(2) of the Texas Code of Criminal Procedure; 3) the judge signed and issued a capias pro fine warrant that improperly directed law enforcement officials to incarcerate the defendant, rather than directing them to take the defendant to court for a hearing to be conducted pursuant to Article 45.046 of the Texas Code of Criminal Procedure; and 4) the judge's court staff engaged in inadequate record-keeping procedures, which contributed to the confusion that occurred in resolving the defendant's case. [Violation of Canons 2A and 3B(2) of the Texas Code of Judicial Conduct.] Private Admonition & Order of Additional Education of a Justice of the Peace. (09/23/13). |
| Private Admonition of a District Court Judge. (11/06/13). |
11/06/2013 |
The judge's letter requesting a continuance on behalf of an employee of the court who had a traffic-related offense pending in another court constituted an improper use of the prestige of judicial office to advance the employee's private interests, and raised concerns that the judge was using his higher court position in an attempt to influence a lower court judge to grant the employee relief that would not otherwise have been granted had it been filed by the employee herself or by an attorney acting on her behalf. [Violation of Canon 2B of the Texas Code of Judicial Conduct.] Private Admonition of a District Court Judge. (11/06/13). |
| Private Admonition of a Municipal Court Judge. (11/13/13). |
11/13/2013 |
The judge allowed her name and judicial title to be used to solicit funds and/or otherwise promote a fundraising event held on behalf of a non-profit organization that relied on fundraising to promote their charity work in the local community. The Commission also found that asking individuals to purchase tickets to attend a fundraising event, and using court resources (email and computer) would necessarily fall within the type of "fundraising" generally prohibited by the canons. [Violation of Canons 2B and 4C(2) of the Texas Code of Judicial Conduct.] Private Admonition of a Municipal Court Judge. (11/13/13). |
| Private Order of Additional Education of a Justice of the Peace. (11/15/13). |
11/15/2013 |
The judge failed to follow the law, and/or demonstrated a lack of professional competence in the law when: 1) the judge signed and issued capias pro fine warrants that improperly directed law enforcement officers to incarcerate a defendant rather than directing them to bring the defendant before the court; and 2) the judge charged the defendant with numerous Failure to Appear offenses, assessing additional fines and costs against the defendant in cases that had already been adjudicated. [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. (11/15/13). |
| Private Reprimand and Order of Additional Education of a District Court Judge. (12/19/13). |
12/19/2013 |
The judge failed to comply with the law and failed to maintain professional competence in the law when, without proper notice or an opportunity to be heard, she held a litigant in contempt of court and had her incarcerated over the weekend for failing to comply with temporary orders. Based on her testimony before the Commission, it appeared the judge failed to appreciate the distinction between criminal versus civil contempt, direct versus constructive contempt, and the proper procedures to follow in each type of case before subjecting a litigant to incarceration. [Violation of Canons 2A, 3B(2) and 3B(8) of the Texas Code of Judicial Conduct.] Private Reprimand & Order of Additional Education of a District Court Judge. (12/19/13). |
| Private Admonition of a County Court at Law Judge. (01/28/14)**. |
01/28/2014 |
The judge demonstrated a willful and persistent failure to be patient, dignified, and courteous toward a litigant with whom he was dealing in an official capacity. The judge also failed to be patient, dignified, and courteous toward another individual with whom he was dealing in an official capacity. [Violation of Canon 3B(4) of the Texas Code of Judicial Conduct.] Private Admonition of a County Court at Law Judge. (01/28/13). |
| Private Admonition and Order of Additional Education of a Justice of the Peace. (03/10/14). |
03/10/2014 |
The judge allowed a relationship with a family member to influence his conduct and by making a phone call, even as a courtesy, lent the prestige of his office to advance the family member's private interests. [Violation of Canon 2B of the Texas Code of Judicial Conduct.] Private Admonition & Order of Additional Education of a Justice of the Peace. (03/10/14). |
| Private Warning and Order of Additional Education of a District Court Judge. (03/19/14). |
03/19/2014 |
The judge lent the prestige of his judicial office to advance the private interest of a member of court staff by allowing that individual to conduct free mediations at the courthouse during regular courthouse business hours. The judge's practice of referring mediations to the staff member while that person simultaneously served the court created the appearance that the judge was allowing his relationship to influence his judicial conduct or judgment and that the staff person/mediator was in a special position to influence the judge. The judge additionally created a conflict of interest and failed to follow the law by knowingly allowing court staff to divert time, attention, and resources away from their duties and responsibilities to the court and towards tasks related to the mediation business, in violation of county policy. [Violation of Canons 2A and 2B of the Texas Code of Judicial Conduct.] Private Warning & Order of Additional Education of a District Court Judge. (03/19/14). |
| Private Warning and Order of Additional Education of a District Court Judge. (03/19/14). |
03/19/2014 |
The judge failed to comply with the law, failed to maintain professional competence in the law, and denied the parties their right to be heard when she failed to hold hearings in open court in contested family law matters in which the litigants had appeared to present evidence. The judge additionally failed to comply with her obligation to treat an attorney in a patient, dignified and courteous manner during an in-chambers meeting. [Violation of Canons 2A, 3B(2), 3B(4), and 3B(8) of the Texas Code of Judicial Conduct.] Private Warning & Order of Additional Education of a District Court Judge. (03/19/14). |
| Private Warning and Order of Additional Education of a Justice of the Peace. (04/04/14). |
04/04/2014 |
The judge failed to follow the law, demonstrated a lack of professional competence in the law, and denied the defendant the right to be heard when she (a) went forward with a trial and found the defendant guilty in absentia and (b) issued a judgment and arrest warrant that improperly directed law enforcement officials to incarcerate the defendant, rather than directing them to take the defendant to court for a hearing pursuant to Article 45.046 of the TEXAS CODE OF CRIMINAL PROCEDURE. [Violation of Canons 2A, 3B(2) and 3B(3) of the Texas Code of Judicial Conduct.] Private Warning & Order of Additional Education of a Justice of the Peace. (04/04/14). |
| Private Order of Additional Education of a Justice of the Peace. (04/16/14). |
04/16/2014 |
The judge failed to comply with the law and demonstrated a lack of professional competence in the law in his (a) handling of contempt of court and failure to appear situations involving two truancy cases; (b) use of forms that contained inconsistent and misleading information and warnings that were not consistent with the law; (c) failure to take appropriate measures to ensure the proper and safe maintenance and storage of court records; and (d) dismissal of criminal cases without a motion from the prosecutor. [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. (04/16/14). |
| Private Warning and Order of Additional Education of a Municipal Court Judge. (05/15/14). |
05/15/2014 |
The judge failed to comply with the law and demonstrated a lack of professional competence in the law when she failed to schedule a trial after the defendant entered a not guilty plea and expressly requested a jury trial. Additionally, the judge failed to respond to the defendant's motion to compel discovery and request for a speedy trial, and further failed to respond to the prosecutor's request to set the defendant's motion for hearing, thereby depriving the defendant of his right to be heard. The judge also engaged in an improper ex parte communication with the prosecutor. [Violation of Canons 2A, 3B(2), 3B(8) and 6C(2) of the Texas Code of Judicial Conduct.] Private Warning & Order of Additional Education of a Municipal Court Judge. (05/15/14). |
| Private Warning of a Former Municipal Court Judge. (07/14/14). |
07/14/2014 |
The judge failed to comply with the law, failed to maintain professional competence in the law, and failed to accord a traffic defendant her right to be heard when he denied the defendant her right to a jury trial, summarily found her guilty, and assessed a fine. Further, the judge's communications with the defendant, outside the presences of a prosecutor, regarding the merits of her case, including his efforts to discourage her from having a trial, constituted an improper ex parte communication with the defendant. In addition, the court's file in the defendant's case reflected that the court engaged in poor recordkeeping practices and failed to adequately document events in the defendant's case. The judge lacked professional competence not only regarding proper recordkeeping practices, but also regarding the procedures that must be followed under the Texas Code of Criminal Procedure before a defendant may be jailed for failure to pay a fine. [Violation of Canons 2A, 3B(2), 3B(8) and 6C(2) of the Texas Code of Judicial Conduct.] Private Warning of a Former Municipal Court Judge. (07/14/14). |
| Private Order of Additional Education of a Municipal Court Judge. (07/30/14). |
07/30/2014 |
The judge failed to obtain his required judicial education by failing to attend the new judge's training upon assuming the municipal court bench. The judge failed to comply with the law and failed to maintain professional competence in the law. [Violation of Canons 2A and 3B(2) of the Texas Code of Judicial Conduct.] Private Order of Additional Education of a Municipal Court Judge. (07/30/14). |
| Private Order of Additional Education of a Justice of the Peace. (08/06/14). |
08/06/2014 |
The part-time judge failed to timely attend to and execute the business of his court. The canons provide that "the judicial duties of a judge take precedence over tall the judge's other activies" and a judge's extra-judicial activities must not "interfere with the proper performance of judicial duties". The judge must take all reasonable steps to ensure his court is open and accessible to the public; that court business is promptly and appropriately handled in his absence; and that monthly activity reports are timely filed with the appropriate entities as required by law. [Violations of Canons 4A(2) of the Texas Code of Judicial Conduct and Article V, section 1-a(6)A of the Texas Constitution.] Private Order of Additional Education of a Justice of the Peace. (08/06/14). |
| Private Warning of a County Court at Law Judge. (08/07/14). |
08/07/2014 |
The judge exceeded his authority and failed to follow the law when he summoned a public defender to his chambers under threat of arrest for posting a comment on his Facebook page boasting about the outcome of a court proceeding that was no longer pending in his court. The judge had no authority to issue a Writ of Attachment in the public defender's arrest; had no contempt authority; and had no express and/or inherent authority to discipline the public defender for his out-of court speech. The judge failed to treat the public defender in a patient, dignified and courteous manner and his conduct fell below the standard of dignified conduct expected of a judicial officer. The judge failed to comply with the Indigent Defense Plan for his county, when he removed the county public defender's office from 39 criminal cases without demonstrating "good cause shown on the record." [Violation of Canons 2A and 3B(4) of the Texas Code of Judicial Conduct.] Private Warning of a County Court at Law Judge. (08/07/14). |
| Private Reprimand of a Former Justice of the Peace. (08/15/14). |
08/15/2014 |
The judge failed to comply with the law and failed to maintain professional competence in the law when he issued a non-monetary judgment in a small claims case and ordered the defendant to remove a structure from the plaintiff's property. The judge deprived the defendant of his right to appeal the judgment within the ten-day period provided by the law in effect at the time this matter was heard. [Violation of Canons 2A and 3B(2) of the Texas Code of Judicial Conduct.] Private Reprimand of a Former Justice of the Peace. (08/15/14). |
| Private Admonition and Order of Additional Education of a Former Municipal Court Judge. (08/15/14). |
08/15/2014 |
The judge failed to maintain patience, courtesy and dignity toward a defendant when she raised her voice and made demeaning comments to the defendant. During magistration of the defendant, the judge repeatedly argued with the Defendant and tried to extract admissions from the defendant that went beyond the lawful scope and intended purpose of a magistration. [Violation of Canons 2A, 3B(2) and 3B(4) of the Texas Code of Judicial Conduct.] Private Admonition & Order of Additional Education of a Former Municipal Court Judge. (08/15/14). |
| Private Warning and Order of Additional Education of a District Court Judge. (08/27/14). |
08/27/2014 |
The judge failed to comply with the law and failed to maintain professional competence in the law when he failed to timely forward the recusal motion to the Judge of the Administrative Judicial Region and delayed entry of the order of recusal in a case involving his former law partner until a petition for writ of mandamus had been filed against him to compel him to act. This delay created the appearance that the judge was trying to stay on a case involving his former law partner, who was a material witness in the case. [Violation of Canons 2A and 3B(2) of the Texas Code of Judicial Conduct; Rule 18b of the Texas Rules of Civil Procedure; and Article V, section 1-a(6)A of the Texas Constitution]. Private Warning & Order of Additional Education of a District Court Judge. (08/27/14). |
| Private Warning of County Judge (08/26/14) |
08/26/2014 |
The judge failed to follow the law and demonstrated a lack of professional competence in the law when he (1) denied a litigant's motion to dismiss defendant's appeal after the defendant failed to timely correct the deficient appeal bond from the justice court which deprived the judge of jurisdiction; (2) order the litigant to immediately release the dog to the defendant, under threat ofarrest, even though no judgment had been entered in the case; (3) failed to timely respond to the litigant's request to set a supersedeas bond in the case; (4) failed to timely issue a written judgment from which the litigant could appeal; and (5) set a clearly excessive supersedeas bond based on factors that were not authorized and/or allowable under the law. In addition the county attorney provided the judge with legal advice and assistance in the civil case while the county attorney was simultaneously handling the prosecution of the criminal cases involving the same two parties and same dispute over a dog. The judge's relationship with the county attorney created an appearance "“ if not the reality "“ that the attorney and judge discussed facts or otherwise shared information pertaining to all the pending proceedings and conveyed the impression there was a special position to influence the judge's decision. [Violation of Canons 2A, 2B, and 3B(2) of the Texas Code of Judicial Conduct.] Private Warning of a County Judge. (08/26/14). |
