Court of Criminal Appeals Presiding Judge Sharon Keller, who has been formally accused of violating her duty as a judge in the matter of the Michael Richard case, has filed her response to the State Commission on Judicial Ethics. (For which she was given an extension, because she couldn't get it done in time. God really does have a sense of humor.)
Keller said the Texas Defender Service has filed previous death penalty appeals with the court after the clerk's office closed. She also noted that the Texas Rules of Appellate Procedure allow for after-hours appeals to be filed either with the clerk or a judge of the court willing to accept the case.
Keller said all the judges of the court are listed in the blue pages of the telephone book and the phone number of court General Counsel Ed Marty phone number was listed on his letterhead and known to (the defender service.)
She said when Marty called her on the day of the execution about a defender service request that the clerk's office stay open late, she understood that only to be about the clerk's office, not Richard's ability to file an appeal.
"Judge Keller did not, and could not have, if she had wanted to, close access to the court in light (of the appellate procedure rules)," said the brief by her lawyer, Chip Babcock.
The Texas Defender Service said Keller is trying to deflect attention because she "knowingly broke the rules" and caused Richard's execution when he likely could have gotten a stay.
Neal Manne, counsel for the service, said the judicial conduct commission found that Keller knew she was not the assigned judge handling the Richard execution and that she should have referred the calls to that judge, Cheryl Johnson.
"The commission has properly focused on Judge Keller's conduct, and has not in any way suggested that Texas Defender Service acted improperly or was at fault," Manne said.
No idea when the Commission may make its ruling. Any lawyers out there want to comment on her defense?Posted by Charles Kuffner on March 25, 2009 to Crime and Punishment