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The visiting judge and the public defender

I want to understand more about this.

Commissioner Rodney Ellis is calling for a review of the process used to select substitute judges after fielding a scathing letter from the county’s public defender outlining two decades of allegations against ex-Judge Jim Wallace and questioning whether he is eligible to still sit as a “visiting” jurist in light of his disciplinary history.

The former elected judge, a Republican who left the bench in 2018, was one of 11 publicly admonished by state oversight officials in August for allegedly violating judicial canons by ordering hearing officers to deny no-cost bail to thousands of poor defendants.

That admonishment — which the State Commission on Judicial Conduct later retracted, according to Wallace’s attorney — was just one of nearly a dozen incidents outlined in the two-page letter, which also detailed Wallace’s previous disciplinary actions and a more recent courtroom spat when he suggested that a female attorney was objecting too often and told her she should just “stay standing through the whole trial and save your knees.”

The letter, signed by Chief Public Defender Alex Bunin, called those actions “prejudicial to a fair trial” and suggested that the county get a legal opinion on whether Wallace is still eligible to get work as a visiting judge in light of his history.

The regional administrative judge who approves such appointments said that Wallace does qualify because his disciplinary matters were considered lower-level infractions. Wallace, meanwhile, disputed some of the allegations against him, and argued that his other actions were justified or taken out of context.

“They’re bringing up a bunch of stuff that’s totally not true and inaccurate,” he told the Houston Chronicle. “I’m a judge that comes from the old school but I’m not gonna be intimidated by the public defender’s office.”

To Ellis, the letter raises questions about whether judges who were voted out of office or left the bench should still be overseeing local courtrooms. Though he conceded it’s not clear what changes county-level elected officials could implement, on Friday he added the issue to the next Commissioners Court agenda and said he planned to go to the county attorney for advice.

“I’m not sure what can be done,” he said, “but I’m sure what cannot be — and that’s for us to turn a blind eye.”

See here for more on that admonishment. I for one would like to know for sure if the State Commission on Judicial Conduct did in fact retract it, which if true seems to me to be a big deal and a key fact, or if this one judge’s lawyer is just saying they did. The rest of the story goes into the charges levied by Alex Bunin and Judge Wallace’s responses to them. I don’t have nearly enough information to assess them, so I support Commissioner Ellis’ call to review the entire system, which I’m guessing hasn’t had any such review ever. Maybe everything is working fine, maybe there are a few tweaks here and there that could be made, and maybe a wholesale overhaul is in order. Now is as good a time as any to do that, so let’s move on it and see what we find out.

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