Ethics Comlaint Against Texas Court of Criminal Appeals Justice

On September 25, 2007, an after-hours appeal by death row inmate, Michael Richard, was denied by one of the judges of the Texas Court of Criminal Appeals, Sharon Keller. Keller made the decision to overturn Richard's appeal without consulting any of the other judges, including at least three who were working late that day in case of any last-minute appeals. Keller's decision resulted in Richard's death. Richard's lawyers wanted to appeal based on that morning's new that the U.S. Supreme Court would decide whether lethal injections for the death penalty were constitutional or not. On September 27, 2007, the U.S. Supreme Court halted another Texas death row inmate's execution because they had appealed, similar to Richard's appeal, on time. The fact that the second death row inmate's execution was stopped clearly demonstrates that Richard's execution could have also been stopped had Keller accepted to stay open a little late. Today, Wednesday, October 17, 2007, 19 lawyers have filed an ethics complaint with the Texas Commission on Judicial Conduct against Texas Court of Criminal Appeals Justice Sharon Keller. They claim that "Keller's actions violated her legal obligations and deprived Richard of his constitutional right to court access." In their complaint, the lawyers are accusing Justice Keller of violating 4 sections of the State Commission on Judicial Conduct. If the complaint is confirmed and Keller is incriminated then the commission can "issue private sanctions and public reprimands or request that the Texas Supreme Court issue a suspension."

Personally, I find that Justice Sharon Keller should be punished by at least suspension. What she did is not something that can be remediated at all, nevertheless by a reprimand. Her act MUST be punished. In her hands was the life of Michael Richard; even though criminal, he was still human. She did not deny Richard's lawyers request to stay open late because of any rules or to maintain closure time at 5; if three justices were there in case of any last-minute appeals, they were there to work. Plus, who cares if they have to stay open late??? Their job is to serve justice. Keller's biggest mistake, however, was that she did not even consult with the justices who were there in case of any last minute appeals. Keller's actions are not acceptable!!! Her responsibility was to consult the other justices and she failed to do so; therefore she should be punished in order to learn to comply with judicial conduct and for the sake of us citizens.

Sharon Keller