Judge in Texas is on trial

[IDrinkaRum]

A judge in Texas is on trial because she refused to allow the court house to remain open at least an extra 20 minutes after closing to allow attorneys to file an appeal for a death row inmate.

[DesignFox]

Well, on the one hand, I would expect a judge to stay late if someone's life was hanging in the balance... I mean, I probably would, or I would refer the case to someone who could...

HOWEVER,
In this particular case...I don't think the judge was really "wrong."

This criminal was in prison once. Got released. THEN sexually assaulted and murdered a woman. He had how many trials? How many chances to stay his execution? Let's refer to the article:

By the time of his execution, Keller noted, Richard had two trials, two direct appeals -- one to the U.S. Supreme Court -- two state review proceedings and three federal review proceedings or motions hearings.

Sorry. Why are people outraged over this? This guy had MULTIPLE chances.

[kibbles]

What can she get if she is found guilty? I think she deserves what she is getting. Everyone has a right to be heard whether it was multiple chances or not, I just hope the courts don't go easy on her if she is found guilty.

[BroomJockey]

Everyone has a right to be heard whether it was multiple chances or not, I just hope the courts don't go easy on her if she is found guilty.

Didja read the article?

"Judge Keller knew that pleadings had been filed after hours on execution days but not with the clerk's office," said the response. "She also knew that the general counsel, in this case Mr. Marty, stayed after hours on execution day." Keller knew that after-hours filings are provided for in the state's rules of appellate procedure, but also knew that regular office hours for state employees are 8 a.m. to 5 p.m. under state law, the response said.

Asked whether she would allow the court clerk's office to stay open past 5 p.m., as Richard's attorneys were having computer problems and might be late filing emergency paperwork, Keller refused to do so

So, under state law, as far as she knew, she did the right thing, as she thought that the paperwork wasn't filed with the clerk's office. I think a trial is a little overblown here. A professional review to determine whether or not she should be a judge any more is about as far as this should have gone. She fucked up on procedure. How's that merit criminal charges?

[kibbles]

In any case what she did was wrong; but, I am thinking hypothetically if this was a case of an innocent person about to be executed when something last minute came in to prove it; but, this "judge" refused to keep the clerk's office open, then yes I think even a possibility of this happening warrents criminal charges.

If she did it in this case, it is likely she would screw up on procedure again and could cost a an innocent person their life. I know, more than likely not possible or probable; but, I think when someone's life depends on it this person should be held accountable for her screw up.

[MaggieTheCat]

I saw them rallying outside our courthouse! My husband and I were downtown early Monday morning to drop off our marriage license at the courthouse. It was really busy that morning. We'd only been to the courthouse once before, at the same time about a week earlier, to pick up our marriage license, but it wasn't nearly as busy was it was this Monday. Security was pretty tight too. We didn't realize anything was going on till we walked out at about 8:40 or so and there was a big rally going on right outside. We still didn't really know what it was about, other than catching stuff about a Judge Keller going to trial and needing to be found guilty. We couldn't stick around to watch, either, as my husband had to get to work. Crazy!

I pretty much agree with Broom here. She did what she thought was right with the information provided. Plus...did I miss this somewhere?...why did the Texas Defender Service wait until 4:40 to let anyone know they were having computer trouble with the paperwork? Did the wait until then to start getting the paperwork together? Or just to file it? Either way, it seems like a bad idea to wait until so late in the evening to be filing such important paperwork.

[Nyoibo]

Marty "asked her whether the clerk's office (or the court) could stay open past 5 p.m.," the complaint said. "Judge Keller said, 'No,' and asked, 'Why?' Mr. Marty replied: 'They wanted to file something, but they were not ready.' Judge Keller again said 'no.' "

By that bit it sounds like she ddn't know what was being filed, now if it wasn't a death row appeal then saying no would be perfectly reasonable.

Richard's attorneys were having computer problems and might be late filing emergency paperwork,

The number of times that gets said as an excuse for something being late when the person is just being lazyis astronomical, combined with the bit above it wouldn't surprise me if she just thought they were being lazy and trying to extend their deadline.

[crashhelmet]

I agree with Maggie here. Some, if not most or even all, of the blame needs to go to the lawyer that was filing the request. They know what their own limitations and requirements are. Is this a shady lawyer move to try and benefit their client because they slacked off at a time of need?

CH

[DesignFox]

<snip>
So, under state law, as far as she knew, she did the right thing, as she thought that the paperwork wasn't filed with the clerk's office.<snip>

This.

<snip>
If she did it in this case, it is likely she would screw up on procedure again and could cost a an innocent person their life. I know, more than likely not possible or probable; but, I think when someone's life depends on it this person should be held accountable for her screw up.

MAYBE. But we don't KNOW that. I don't stay late for various reasons at my work. If there's some really dire reason why I have to, and I know WHY I am being asked to stay, I may choose to do so.

However, it's not mandated by state law that my office close at 5.

<snip>
Plus...did I miss this somewhere?...why did the Texas Defender Service wait until 4:40 to let anyone know they were having computer trouble with the paperwork? Did the wait until then to start getting the paperwork together? Or just to file it? Either way, it seems like a bad idea to wait until so late in the evening to be filing such important paperwork.

Also this.

By that bit it sounds like she didn't know what was being filed, now if it wasn't a death row appeal then saying no would be perfectly reasonable.

The number of times that gets said as an excuse for something being late when the person is just being lazyis astronomical, combined with the bit above it wouldn't surprise me if she just thought they were being lazy and trying to extend their deadline.

Yes, how do we know that the judge knew what she was refusing? Is she supposed to just take everyone's word on what constitutes an emergency? For all she knew some guy wanted to argue to get his license un-revoked.

How many people use what excuses to get away with what at the last minute?

After a certain point you stop giving people the benefit of the doubt.

And which law trumps which? If the state law says the office closes at 5, it closes at 5. I mean, what is there someplace that says "well, the office closes at 5, except when lawyers say their computers are down?"

The guy took his case all the way to the SUPREME COURT. What other judgement was needed in this case?

[Boozy]

Yes, how do we know that the judge knew what she was refusing? Is she supposed to just take everyone's word on what constitutes an emergency? For all she knew some guy wanted to argue to get his license un-revoked.

You'll need to read the article, if you haven't done so already. I find it highly unlikely that she had no idea that the paperwork was a request for a stay of execution. She was well-aware of what was going on that day.

[BroomJockey]

She was well-aware of what was going on that day.

Yes, and she thought the other two judges were aware of the conversation, and would be available for anything required. Why would she keep the clerks around in contravention of state law when she thought that there were three people (two judges plus a prosecutor) staying specifically for that reason, when she also believed that the clerks were immaterial to the process?

Like I said, professional review, possible revocation of lawyering credentials, but I'm not really seeing an actual crime here. Especially when mens rea is taken in to account.

[DrFaroohk]

I thought judges were protected from legal repercussions as far as their judgements and decisions were concerned?

[Greenday]

I thought judges were protected from legal repercussions as far as their judgements and decisions were concerned?

This isn't the case here. It has nothing to do with the case itself. It's that she didn't force her employees to stay later than state law says and people are throwing a hissy fit over it. The Supreme Court took the case even and found him guilty. She would not have the power to just overturn that decision. The defendant's lawyers waited until the last minute to file the paperwork to delay his death and they screwed up, so they are trying to say it's not their fault, it's the judge's fault.

[DesignFox]

You'll need to read the article, if you haven't done so already. <snip>.

Considering that I quoted the article in my original post, um. yes.

Marty "asked her whether the clerk's office (or the court) could stay open past 5 p.m.," the complaint said. "Judge Keller said, 'No,' and asked, 'Why?' Mr. Marty replied: 'They wanted to file something, but they were not ready.' Judge Keller again said 'no.' "

I've re-read the article three times.

Maybe she knew, maybe she didn't. As I read it, she was asked if the office could remain open. She said "no." Reasons weren't necessarily given as to what the "emergency paperwork" was, but from some of the statements it could be possible to infer that the judge would know what those papers were since it seems like she realized it was an execution day.

Just for the hell of it, I'll back BroomJockey, too:

She said she did not tell the other judges about her conversation with Marty because she thought they knew about it.

Maybe they need to re-evaluate their execution day procedures. I don't see fault with this judge.

AND

This scumbag had his chance. Multiple chances. Too bad.

There was no need for further delay in this matter.

[tropicsgoddess]

I'm all about the eye for an eye tooth for a tooth, but no matter what the deed, everybody deserves a chance to be heard and to have a fair trial.