Sustained!: Impeach Judge Keller

Saturday, April 25, 2009

Impeach Judge Keller

This past week, I visited a potential client at the Polunsky unit in Livingston, Texas. The Polunsky Unit houses death row inmates. I have visited there several times and each time I go, I am always amazed at all of the volunteers who visit the Unit on a daily basis to befriend and pray with death-row inmates. There are many people who have donated their lives to fighting against the death penalty. Their passion for the issue is unequaled. While there, I spoke with one volunteer and she asked me did I think they would remove "Killer Keller." She was referring to Court of Criminal Appeals Judge Sharon Keller who currently faces charges before the State Commission on Judicial Conduct.

On September 25, 2007, Judge Keller refused to ke

ep the clerk's office open an extra 20 minutes to receive a last-effort pleading from the attorneys for condemned inmate Michael Richard. Richard's lawyers were having computer problems that prevented them from turning in their motion before 5:00 pm. Richard was executed just hours after Keller locked the door.

Richard's pleading followed a U.S. Supreme Court decision earlier that same morning that raised doubts about the constitutionality of lethal injection. That gave Richard's lawyers an opportunity to stay their client's execution until the Supreme Court revisited the issue. Had the motion been accepted, a stay of execution would have been granted.

Keller's decision to close the court at 5 p.m.violated the court's unwritten policies for handling executions. It also broke sharply from tradition. In Texas, it's not unusual for judges and clerks to take last-minute pleadings at their homes in death penalty cases. The Judge assigned to receive any last-minute pleadings from Richard's lawyers was expecting to receive a pleading. Richard's lawyers called the Court and informed them that they would be making a late filing. Moreover, on execution day the courts don't have a strict closing time.

Keller's actions defied the Supreme Court decision from that day, which resulted in an unofficial nationwide moratorium on capital punishment. To speak plainly, the effect of Keller's actions was to kill a man months before his execution would have proceeded. She became Judge, Jury and Executioner.

Years ago, I served as special counsel for the State Commission on Judicial Conduct for the removal of a Judge. From my experience, the lawyers and investigators at the State Commission were good people who took their jobs seriously. Prior to seeking the removal of a Judge the Commission thoroughly investigates the case, speaking to many different witnesses and collecting other evidence. Judges are given a "presumption of innocence" in these proceedings and the Commission tries to counsel judges to insure compliance with the judicial cannons.

For the commission to seek removal of a Judge, speaks to the severity of the allegations and the belief that the action cannot be corrected. The alleged actions of Keller were reprehensible. Based on the allegations, Keller should face criminal charges. Whether or not one agrees with it, the State has the authority to take human life. However, that authority is limited by the United States Constitution. If there is a question about the Constitutionality of the exercise of that authority, then that issue must be addressed before the authority can be exercised. Keller usurped the Constitution when she effectuated the death of man when there was a question about the authority/process. He died before he should have died. That is not the function of a judge at any level. The Commission's objections to Keller's fitness to serve as a judge in the State of Texas should be SUSTAINED!

The Chair of the Texas House Committee on the Judiciary and Civil Jurisprudence, Rep. Todd Hunter, R-Corpus Christi, will hold a hearing on April 27, 2009 on Lon Burnam's resolution (HR 480) to create a select committee to determine if Sharon Keller should be impeached. It is a process which is separate and a part from the Commission's actions. Mark Bennett, president of the Harris County Criminal Lawyers Association, and others are travelling to Austin on Monday to support the impeachment of Keller. Although the Commission has the authority to obtain a ruling that Keller never hold Judicial Office again, impeachment would send the message that the people do not condone actions by judges that circumvent the constitution. So, I agree with that volunteer who said to me "They ought to impeach Killer Keller."

"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness."

For a good argument against the death penalty see http://www.youtube.com/watch?v=TVMho2cP1NE.

For a video seminar discussing issues related to the death penalty see http://fora.tv/2008/11/02/Elisabeth_Semel_The_Death_Penalty_Clinic

8 comments:

AnonymousApr 26, 2009 06:38 AM
Eric--you are doing a great job. As you know sevral prosecutors are leaving the d a ofiice. I believe partly because of your recent Batson case.You have made a diference. The new prosecutor being hired is a good man and will be fair. Keep up the good work
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AnonymousApr 26, 2009 11:34 AM
Yes, you are doing a great job. Keep making your voice heard. But unlike Anon 8:38 I don't see the connection between prosecutors leaving and the Batson issue in the 182nd. As far as I know, THOSE prosecutors are still employed with the HCDA Office and have not left...yet.

The Keller situation points out the problem with "unwritten rules" and "tradition." While her actions were reprehensible, could she not fall back on the position that she was acting in accordance with the actual rules of the Court?

There are many troubling aspects of this case:

1. Did the attorneys "who were having computer problems" notify the Court as soon as they experienced the computer problems? What did they do to try to meet the 5 pm deadline? Or did they assume the Court would remain open since it was an unwritten rule. According to the New York Times they needed the extra time to "allow the brief to be delivered by hand." Why didn't they show up there anyway?

2. With regard to death penalty cases and filings, why aren't the rules written as opposed to being unwritten/tradition if they are so important as they proved to be in this case?

3. There was a Judge who was ready to accept last minute filings who was unaware of Keller's actions? Did the defense attorneys not know who Judge Cheryl Johnson was? Why did they not try to contact her directly and circumvent Keller?

4. Keller said that she was not given a reason for the delay. The attorneys representing Richard claim to have told court clerks about the computer problems. Clearly, Judge Keller is not a court clerk not is the court clerk an advocate for either side. Did the attorneys tell Keller the reason for the delay or not.
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AnonymousApr 27, 2009 04:24 PM
According to David Letterman and the New York times April 24th Ulysess Grant had his one hundred and twelth birthday in the upper west wing of his united place in the capital of New York. Would you like to tell me what that has to do with the price of tea in China or the boarding docks of Boston. Take your pick or is your hand is to lofty to declare appropiation to board them both? Im beginning to be disgusted with the questioning from anonyomous on the account that I believe that the five o' clock dead line was symbolic to a dead man walking. "It looks like his attorney just couldnt make it in time quotes Killer Keller" his clock stopped right on the hour. I guess thats how the good ole boy system rolls in Livingston so could you kindly tell me why the black race shouldn't be angry? Could you tell me how we are suppose to pardon a past endeavor that currently but informaly exists? Perhaps because we do not have written notification or cannot stand over you 24hrs a day to make sure justice is ensured its alright. After all its not that the black man is not dying because of the white man. Its simply that the black man is not openly dying because of the white man. I may not speak real good english but I speak plain english and it doesn't take muck knowledge to know that this stinks. Ulysses for dumies is just what it means plain and simple. It will take a dummy to go on line and try to figure out why the little stick man with the light over his head is banging his fist. Thats plain english and its a quotation for fools to drive thier minds and time into trying to produce reason in the figures that are plain and simple. She is a judge so she knows the protical and she simply ignored justice.
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AnonymousApr 27, 2009 07:26 PM
Did that gibberish have a point other than to draw attention to your need to use spell check?

The point of my questions was a simple one. The oppressed need to know the rules better than the oppressor. The lowly need to know the rules better than those in high places. When fighting those who are arrayed against you, it is a good idea to know the rules so that one doesn't lose on a technicality. That gives those in high places a chance to sidestep the real issue.

What if Thurgood Marshall and Charles Hamilton Houston had relied on unwritten rules and tradition?
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AnonymousApr 29, 2009 02:13 PM
The answer is a simple one. A poor mans wisdom is despised. Having more knowledge than your oppressor does not make you have more money or defense than the oppressor. Ecclesiates 4 clearly defines a poor mans knowledge being worthlesss. What good is my knowledge without a healthy defense? I may have drew attention to my spelling but it doesnt matter if I spell my alphabet backwards if I can buy the spelling bee.
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AnonymousApr 29, 2009 02:29 PM
It is simple either the little black children are going to die or the little white children. Whites or Colored the answer is arrayed in the spot light of justice. A eye for a eye or a tooth for a tooth. People are a economic resource to keep a politically motivated system a float. There will always be those who are less fortunate than others who will be potential canidates for malpractice. There will always be one kind to make up the differences for another kind but starting with me it doesn't have to be me. I to am a people with a seed of my people. I have a responsiblility to assure thier survival to insure my life and my childrens survival. A good man leaves a inheritance to his children and his childrens children.
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AnonymousFeb 12, 2011 06:58 PM
Woe, it has been a while since I was here. I would say this is around the same time I started really loosing grip with reality. I am here two years later because it popped up under the Web Site for Sustained. Looking at it I would say that I caused Eric to loose bloggers that would have promoted his law firm and confirmed his integrity. Ulyssess for dummies, yeah I am afraid that was me feeding into the symbliminal messages being passed down to me. Looking at it now I would say that who ever corrected me with Thurgood Marshall and Charles Houston was right exactly. That is sound wisdom and profound clarity, I was clearly gone. I read the blog again and I would like to point out that Eric said that he Served as special council for the State commission. I am pointing this out because I think the reason this blog is resurfacing is because other Web Sites are pointing out laws that forbid Attorneys from discussing Judges openly. Honestly I think that he is being targeted wrongfully because its clear that he is a upright man who upholds justice and integrity. I know this because as his client I would get chasten royaly for discussing other Attorneys maliciously even if I feel like I am right. I don't understand politics, its all very offensive to me so he is right to sustain me because I really don't understand the ways of a Attorney but I do know all Attorneys have to serve somebody. He said he was serving as council and I still don't have spell check so I'm going to give it a rest
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AnonymousFeb 15, 2011 07:52 AM
O.k. we are not going to rest, I think my mother is like Judge Keller. I think that certain people are desecrated to be over the African American peopled and I think these people are elected by the people. I think our Pastor made the fatal mistake of giving my mother a high seat in some of the areas of our life and she damanged the community. She is a fault finder and not because anyone is guilty but through guilt, blood guilt she is allowed to feed. She could care less about the people and she's not to big on money she only cares about her appetiate. She is running a line from here to Florida to a people who started this epidemic in our community. These our also the people she sold me to as a child and was bought to give performance and constantly work the vineyard in the Urban Community for their personal wealth. I think Eric was hired as special counsel for exposing these findings, after all Texas money is clearly being transferred to another State. Yes, my freinds its a big, huge snake in the produce section of the Florida oranges. He said our suffering wouldn't stop until the mask were unveiled and I think we've done enouph. The system has truly failed him and I fell in love with him and not because he did anything because he's never touched or came at me inappropiately. He is a good man and I trust him with all that is in me. If the State had to select somebody then at least it was somebody that my nature would respond to in love. The last four weeks having been trying for me but I won't hire another Attorney because he's all the Attorney I need, even when he's not responding to me. I pray that his freinds return to him just like in the last chapter of Job and the system that he's committed to returns to him in favor.
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