Grits hasn't had a chance to read the Sunset Advisory Commission report (pdf) on the State Commission on Judicial Conduct, nor the agency response (pdf), nor the agency's self-evaluation (pdf), but I at least wanted to give readers the links as well as point out bloggerly critiques at Texas Watchdog and the Burnt Orange Report, both of which fault the agency in particular for a lack of transparency. A public hearing April 10 will focus on the agency (with TDCJ and correctional managed health care up in June, see their meeting schedule [pdf]).
One key Sunset recommendation for the Judicial Conduct Commission, the first one, in fact, harks back to the Sharon Keller fiasco where the commission imposed what turned out to be an illegal sanction after adopting findings of fact critical of the judge's decision making and forthcomingness with her fellow judges in the whole "We Close At 5" brouhaha. Sunset Staff recommended Texas adopt a "Constitutional Amendment," to "Authorize the Commission to use its full range of sanctions following formal proceedings."
Another key problem identified by Sunset staff was also readily apparent in the Keller fiasco, in retrospect: "Inconsistencies Between Its Statute and Rules Create the Potential for Litigation and Inefficiencies in the Commission's Operation." Indeed, discussions by commissioners during that episode made it clear this was an ongoing issue that arises for them frequently, whereas the first recommendation was more or less unique to Keller's situation.
Other recommendations and critiques, say the two blog posts, related to a lack of transparency even (perhaps particularly) with Sunset staff. I'd have to read the reports themselves to say more, but anyone interested in participating in the agency's Sunset process should find all they need in the above-linked documents to get engaged.
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Minggu, 25 Maret 2012
Rabu, 07 Desember 2011
Grits readers' disdain prompts closer look at Judicial Conduct Commission Sunset review
With the State Commission on Judicial Conduct up for review by the Sunset Advisory Commission, I thought it worthwhile to ask Grits readers - who as a group are probably more aware of such matters than average Texans - whether they thought the Commission was doing a good job. The result was one of the most lopsided reader polls Grits has ever conducted. Of the 173 respondents, the answers were:
Let's take a closer look at the SCJC in light of its pending Sunset review. Asked "What key obstacles impair your agency's ability to achieve its objectives, the SER responded:
Asked by Sunset, "What are your agency's biggest opportunity for improvement in the future?" the agency replied: "If the Texas Procedural Rules for the Removal or Retirement of Judges and the Texas Code of Judicial Conduct were revised and updated, the agency would be in a better position to serve the public and the judiciary through clear and consistent rules and canons that reflect current changes in the law." The Code of Judicial Conduct (pdf) and the Procedural Rules for the Removal or Retirement of Judges (pdf) are both promulgated by the Texas Supreme Court, so the agency has no rulemaking authority to correct the perceived shortcomings in (2) above. The agency's enabling language is in Article V, Sec. 1a of the state constitution, while its statutory authority lies in Chapter 33 of the Government Code.
The agency's budget for FY 2010 from the general revenue fund was was $1,001,626, cut slightly to $948,000 per year over the next biennium. But since they only spent $932,303 of their budget in 2010, that minor haircut shouldn't really cut into their activities too dearly. The agency has 14 FTEs, or full-time equivalent employees, led by executive director Seana Willing.
The number of disciplinary actions issued annually has risen in recent years before dipping in FY 2011:
Where do cases come from? A third relate to criminal cases. Again from the latest annual report: "Fifty-four percent (54%) of those cases were filed by civil litigants, their friends or family members, or by pro se (self-represented) litigants. Criminal defendants, including traffic defendants and inmates, accounted for approximately 33% of the cases. Three percent (3%) of the cases were filed anonymously and only 5 cases (0%) were Commission-initiated."
Many complaints are dismissed because staff deem they do not specifically address misconduct under the agency's jurisdiction under Supreme Court rules: "Finally, of the 1,192 cases closed [in FY 2011], approximately 51% alleged no judicial misconduct. Approximately 28% were dismissed after a preliminary investigation and approximately 21% were disposed of following a full investigation requiring a response from the judge." (One of the legislative changes suggested below was to allow reconsideration when those complainants bring forward more information.)
Among legislative changes suggested in the SER to "assist" the agency in "performing its function":
Relatedly, I'd like to see more records opened up after the Commission's case evaluations are complete. Under current rules, the public can't really know whether the agency is doing a good job or not, and Grits readers, at least, are under the impression they are not.
Since the Sunset process is focused on what the Legislature can do, the self-evaluation report fails to inform us what similar changes the agency thinks need to be made by the Texas Supreme Court rules - the main barrier identified in the SER to improving their operations. No opinions at all were proffered on that score. Perhaps during the hearing process some of those will be identified on the record and the high court can take them up.
What else do they need to fix at the State Commission on Judicial Conduct? Let me know your thoughts and opinions in the comments.
See related, recent Grits posts:
Yes: 3%In the agency's self-evaluation report (pdf, hereafter SER) for the Sunset Commission, the agency opined (p. 3), "A judicial office is a public trust. In order to function effectively, the system must be assured of the public's faith and confidence." A key goal of the agency's oversight work, says the SER, is to ensure that "public confidence in the integrity, competency, impartiality and independence of the judiciary is preserved." If Grits readers' opinions are any indication, the SCJC has lately been of little assistance in that task.
No: 62%
Only when the media is paying attention: 27%
Don't know/can't tell: 6%
(Figures don't add to 100% due to rounding)
Let's take a closer look at the SCJC in light of its pending Sunset review. Asked "What key obstacles impair your agency's ability to achieve its objectives, the SER responded:
1) Budget cuts and restrictions on general revenue spending continue to impair the agency's ability to achieve its objectives.After the fiasco over the SCJC's attempt to extend leniency to Judge Sharon Keller - where they found she'd engaged in misconduct but imposed a lesser, illegal sanction that was overturned on appeal as unconstitutional - I'd add 4) Bending over backwards to let judges (especially district and appellate judges) off light. And if Grits readers' opinions are any indication, you could tack on: 5) Lacking public confidence in the agency's judicial oversight function.
2) Incomplete, outdated, and/or inconsistent rules and procedures also impair the agency's ability to achieve its objectives.
3) The size of the board - 13 members - is too large, costly and unnecessary.
Asked by Sunset, "What are your agency's biggest opportunity for improvement in the future?" the agency replied: "If the Texas Procedural Rules for the Removal or Retirement of Judges and the Texas Code of Judicial Conduct were revised and updated, the agency would be in a better position to serve the public and the judiciary through clear and consistent rules and canons that reflect current changes in the law." The Code of Judicial Conduct (pdf) and the Procedural Rules for the Removal or Retirement of Judges (pdf) are both promulgated by the Texas Supreme Court, so the agency has no rulemaking authority to correct the perceived shortcomings in (2) above. The agency's enabling language is in Article V, Sec. 1a of the state constitution, while its statutory authority lies in Chapter 33 of the Government Code.
The agency's budget for FY 2010 from the general revenue fund was was $1,001,626, cut slightly to $948,000 per year over the next biennium. But since they only spent $932,303 of their budget in 2010, that minor haircut shouldn't really cut into their activities too dearly. The agency has 14 FTEs, or full-time equivalent employees, led by executive director Seana Willing.
The number of disciplinary actions issued annually has risen in recent years before dipping in FY 2011:
2007: 45The number of dismissals has also generally risen:
2008: 56
2009: 70
2010: 89
2011: 42
2007: 1,008Municipal court judges and JPs represent 39% and 21% respectively of all judges under the SCJCs jurisdiction, but they represented a disproportionately small number of total complaints, while they were more likely to be targets of significant discipline: According to the agency's annual report (pdf), "in fiscal year 2011: justices of the peace received 19% of the complaints filed, but accounted for 55% of all discipline issued by the Commission, a fairly significant increase over fiscal year 2010. Disciplinary actions against district and appellate judges experienced a sharp decline to 7% and 0% respectively. Municipal court judges received 9% of the complaints filed in fiscal year 2011 and accounted for 24% of all discipline issued by the Commission in fiscal year 2011. Consistent with prior years, 44% of all cases filed in fiscal year 2011 were against district judges," who accounted for just 12% of all judges under the SCJC's jurisdiction and 7% of disciplinary actions last year. This makes it appear that district judges and appellate are receiving less scrutiny despite receiving more complaints, and that the SCJC reserves its "hammer" for the lowest-level jurists. That's not encouraging.
2008: 966
2009: 1063
2010: 1,208
2011: 1,192
Where do cases come from? A third relate to criminal cases. Again from the latest annual report: "Fifty-four percent (54%) of those cases were filed by civil litigants, their friends or family members, or by pro se (self-represented) litigants. Criminal defendants, including traffic defendants and inmates, accounted for approximately 33% of the cases. Three percent (3%) of the cases were filed anonymously and only 5 cases (0%) were Commission-initiated."
Many complaints are dismissed because staff deem they do not specifically address misconduct under the agency's jurisdiction under Supreme Court rules: "Finally, of the 1,192 cases closed [in FY 2011], approximately 51% alleged no judicial misconduct. Approximately 28% were dismissed after a preliminary investigation and approximately 21% were disposed of following a full investigation requiring a response from the judge." (One of the legislative changes suggested below was to allow reconsideration when those complainants bring forward more information.)
Among legislative changes suggested in the SER to "assist" the agency in "performing its function":
- Amending the definition of "willful and persistent misconduct" to include chronic failure to obtain required judicial education hours.
- Amending statutes and rules surrounding reconsideration of dismissed complaints, allowing for reconsideration for good cause or when additional information alleging misconduct is presented.
- The statute should be clarified so "that judges who are removed from office by a Review Tribunal following formal proceedings initiated by the SCJC forfeit their retirement pensions upon removal."
- Require retired judges who are "eligible to sit by assignment" to notify the Presiding Judge of their administrative region and have their name removed from the list of eligible judges if they receive a Public Reprimand, Public Censure, or resign in lieu of discipline. "Currently there is no requirement that the judge request that his/her name be removed from the list and there is consensus among the Presiding Judges that they have no legal authority to remove a judge from the list.
- The Commission wants to extend confidentiality provisions governing their work to include information presented at trial. (A terrible idea, IMO; legislation to do this was rightly vetoed by Perry in 2009. It was re-filed during the most recent session but went nowhere.)
Relatedly, I'd like to see more records opened up after the Commission's case evaluations are complete. Under current rules, the public can't really know whether the agency is doing a good job or not, and Grits readers, at least, are under the impression they are not.
Since the Sunset process is focused on what the Legislature can do, the self-evaluation report fails to inform us what similar changes the agency thinks need to be made by the Texas Supreme Court rules - the main barrier identified in the SER to improving their operations. No opinions at all were proffered on that score. Perhaps during the hearing process some of those will be identified on the record and the high court can take them up.
What else do they need to fix at the State Commission on Judicial Conduct? Let me know your thoughts and opinions in the comments.
See related, recent Grits posts:
Jumat, 02 Desember 2011
Advocacy groups compiling Sunset wish lists ... Do you have yours?
At the Texas Tribune, Ben Philpott has a brief item on how various liberal and conservative groups are approaching the opportunities presented by the Sunset review of Texas Department of Criminal Justice.
The Texas Civil Rights Project, according to attorney Scott Medlock, is "proposing measures he says could improve prisoner conditions while cutting costs for the state, like reviewing sentencing policies that keep geriatric inmates behind bars, where they disproportionately use up the prison system’s limited health care dollars." "So that results in old and frail prisoners who have already served an extremely long time in prison that then become very expensive to care for as they reach their later years," Medlock said.
Meanwhile Marc Levin of the right-leaning Texas Public Policy Foundation suggested that Texas:
How to Get Involved
If you're interested in reform at these agencies and want to participate in the Sunset process, you can do so by submitting written comments, lobbying Sunset Commission members (which is a very helpful approach), or showing up to speak at public hearings, which may be less effective if you don't show up with written testimony/materials and very specific recommendations. Go here to learn more about how to participate in the Sunset process. More people should. Here are the "self evaluations" from the criminal-justice related agencies currently up for Sunset review:
It's not just organizations but also average folks can also get involved in the Sunset process, if they're willing and able to do a little brain and legwork. In this case it's not that hard: Read the self-evaluation of the agency that concerns you. Take notes as you go, thinking both about what's been said and what's been omitted. Identify problems you see at the agency - particularly any not identified in the self-evaluation - and (really important!) suggest proposed solutions. Write down your concerns, ideas or questions. Submit them to the Sunset Advisory Commission as comments.
If you're in Austin, or can make it for a visit, try to visit with Sunset staff in person about your concerns. (The Sunset liaison staffer for each agency is listed in the self-evaluation document.) It's also considered common courtesy at that point to share your concerns with the agency up for review (contact info is also in the self-evaluation report). Who knows, maybe they'll preemptively implement your idea, or maybe you'll be turned down but still get a chance to ask questions and gather more intel. Either way, at least at the hearing you can say you've spoken to them about it.
The next step, if one were pursuing the task the way a lobbyist would, would be to contact the offices of the various members of the Sunset Commission and share your comments/concerns/solutions, preferably in in-person visits. Unless you have personal connections with the legislator in question, you'll probably end up talking with a legislative staffer assigned to the topic (which is fine). Those meetings not only give you a chance to pitch your ideas but also to cultivate intelligence about what commission members are thinking about, what other special interests are asking for, etc..
So if you do your job right as a citizen lobbyist in the Sunset process, by the time the Sunset Commission holds a hearing to discuss the agency that concerns you, all of the Sunset staffers and commissioners (or at least their staff) will already be aware of the concerns you're raising. When that's the case, it's a lot easier to get your ideas seriously discussed than if you simply show up cold at the hearing for the first time. Some ideas brought forward that way end up in the Sunset recommendations, it's true, but one's chances are better if there's been a lot more prep and legwork done before-hand.
I'm excited to see the Sunset process unfold for each of these agencies, though I'm concerned (but hopeful) that advocacy groups are well-positioned to capitalize on the opportunity. We'll see.
See related, recent Grits posts:
The Texas Civil Rights Project, according to attorney Scott Medlock, is "proposing measures he says could improve prisoner conditions while cutting costs for the state, like reviewing sentencing policies that keep geriatric inmates behind bars, where they disproportionately use up the prison system’s limited health care dollars." "So that results in old and frail prisoners who have already served an extremely long time in prison that then become very expensive to care for as they reach their later years," Medlock said.
Meanwhile Marc Levin of the right-leaning Texas Public Policy Foundation suggested that Texas:
must prioritize its prison space to keep threats to society behind bars but should steer lower-level offenders, like individuals convicted of minor drug possession, out of jail.They're right that the Sunset process presents a great opportunity to pursue changes at TDCJ, the Board of Pardons and Parole, and also the State Commission on Judicial Conduct, all of which are up for review in 2012-13. During Sunset, agencies are vetted thoroughly once every 12 years by the Lege and Sunset Commission staff, and the Lege must pass a bill verifying the agency continues to serve a vital function. Sunset bills often include various reform measures, though just as frequently legislators tack on pork or other favors for special interests. The bills must pass or else, at least in theory, or the agencies cease to exist. Much of the Sunset action is already happening behind the scenes as staff prepare preliminary reports and ready for public hearings next year, so early input is generally more effective, though of course Sunset bills can and will be amended all the way down to the waning days of the Legislature.
"We have about 17,000 low-level drug possession offenders in our Texas prisons right now," Levin said.
"Not all of them would be eligible under this because it excludes those with prior significant felony convictions and so forth. But it certainly would save several hundred millions of dollars."
How to Get Involved
If you're interested in reform at these agencies and want to participate in the Sunset process, you can do so by submitting written comments, lobbying Sunset Commission members (which is a very helpful approach), or showing up to speak at public hearings, which may be less effective if you don't show up with written testimony/materials and very specific recommendations. Go here to learn more about how to participate in the Sunset process. More people should. Here are the "self evaluations" from the criminal-justice related agencies currently up for Sunset review:
- Texas Department of Criminal Justice
- Texas Board of Pardons and Paroles
- Windham School District
- State Commission on Judicial Conduct
It's not just organizations but also average folks can also get involved in the Sunset process, if they're willing and able to do a little brain and legwork. In this case it's not that hard: Read the self-evaluation of the agency that concerns you. Take notes as you go, thinking both about what's been said and what's been omitted. Identify problems you see at the agency - particularly any not identified in the self-evaluation - and (really important!) suggest proposed solutions. Write down your concerns, ideas or questions. Submit them to the Sunset Advisory Commission as comments.
If you're in Austin, or can make it for a visit, try to visit with Sunset staff in person about your concerns. (The Sunset liaison staffer for each agency is listed in the self-evaluation document.) It's also considered common courtesy at that point to share your concerns with the agency up for review (contact info is also in the self-evaluation report). Who knows, maybe they'll preemptively implement your idea, or maybe you'll be turned down but still get a chance to ask questions and gather more intel. Either way, at least at the hearing you can say you've spoken to them about it.
The next step, if one were pursuing the task the way a lobbyist would, would be to contact the offices of the various members of the Sunset Commission and share your comments/concerns/solutions, preferably in in-person visits. Unless you have personal connections with the legislator in question, you'll probably end up talking with a legislative staffer assigned to the topic (which is fine). Those meetings not only give you a chance to pitch your ideas but also to cultivate intelligence about what commission members are thinking about, what other special interests are asking for, etc..
So if you do your job right as a citizen lobbyist in the Sunset process, by the time the Sunset Commission holds a hearing to discuss the agency that concerns you, all of the Sunset staffers and commissioners (or at least their staff) will already be aware of the concerns you're raising. When that's the case, it's a lot easier to get your ideas seriously discussed than if you simply show up cold at the hearing for the first time. Some ideas brought forward that way end up in the Sunset recommendations, it's true, but one's chances are better if there's been a lot more prep and legwork done before-hand.
I'm excited to see the Sunset process unfold for each of these agencies, though I'm concerned (but hopeful) that advocacy groups are well-positioned to capitalize on the opportunity. We'll see.
See related, recent Grits posts:
Sabtu, 26 November 2011
Few cases against judges sustained by Judicial Conduct Commission
Looking at the self-evaluation report (pdf) from the State Commission on Judicial Conduct, we discover that scarce few complaints against judges result in any sort of disciplinary action, including reprimands, warnings, or "private admonitions." Here's a chart Grits compiled from data on p. 19:
A total of 22 judges over this period resigned in lieu of disciplinary action by the commission, including 10 in FY 2010. (Analyzing details of those stories would make an interesting study of the dark underbelly of Texas jurisprudence!) Of the tiny number of cases resulting in disciplinary actions, a whopping 118 of the 260 sanctions (45.4%) against Texas elected judges over this period were kept private, with details never reported to the public.
In none of those years, though, did the commission take the extraordinary step of recommending the Supreme Court suspend a judge, as they did in William Adams' case.
A total of 22 judges over this period resigned in lieu of disciplinary action by the commission, including 10 in FY 2010. (Analyzing details of those stories would make an interesting study of the dark underbelly of Texas jurisprudence!) Of the tiny number of cases resulting in disciplinary actions, a whopping 118 of the 260 sanctions (45.4%) against Texas elected judges over this period were kept private, with details never reported to the public.
In none of those years, though, did the commission take the extraordinary step of recommending the Supreme Court suspend a judge, as they did in William Adams' case.
Holding Texas judges accountable for past misconduct: William Adams and Ken Anderson
Quite a few readers contacted Grits a couple of weeks ago asking if I planned to comment on the Aransas County family law judge who was videotaped beating the living crap out of his then-16 year old daughter for illegally downloading music. She made the video in 2004 before releasing it in retaliation earlier this month when he threatened to cut her off financially (revenge, unlike grits, is best served cold). Grits refrained, mainly because the topic was being widely discussed by others more effectively than anything I could have said, and I had nothing in particular to add to what was mostly a family-law discussion. (Besides, 3+ million people had seen the YouTube clip before I did; it hardly needed my promotion.) The video was horrendous, nearly unwatchable, far exceeding any acceptable fatherly punishment to surpass the threshhold to "abuse." But the statute of limitations had run out, the daughter is now 23 and no longer lives with her father, and most attorneys who've looked at the question, including the local DA, agreed there's no way to turn it into a criminal matter.
Even so, I was fascinated to learn via CNN that the State Commission on Judicial Conduct is not only investigating the old abuse allegations but has convinced the judge to accept a paid suspension while it does so:
I've been told privately that, even though the statute of limitations on Adams' conduct may have expired, there's an argument to be made that the commission could pursue him under its constitutional authority to discipline judges who engage in "willful or persistent conduct that is clearly inconsistent with the proper performance of his duties or casts public discredit upon the judiciary or administration of justice." A family law judge who engaged in that kind of behavior in his own family life, the argument goes, willfully engaged in behavior that cast discredit on the judiciary.
Similarly, assuming withholding exculpatory evidence from the judge was a willful act (instead of an act of extreme, near-unfathomable incompetence), it's hard to argue that Judge Anderson's recently-revealed shortcomings aren't "inconsistent with the proper performance of his duties or casts public discredit upon the judiciary." If the Commission on Judicial Conduct found a hook to justify intervention on older charges in Adams' case, Judge Anderson's should be similarly fair game.
Ken Anderson hid evidence and misled the judge in perhaps the biggest trial of his prosecutorial career. His alleged misconduct was primarily responsible for a false conviction which ranks among the worst injustices in the state's history, threatening to elevate him to Mike-Nifong status in the pantheon of convict-at-any-cost prosecutors willing to cheat to win. He's an embarrassment to his county and his profession - yet he still sits on the bench in a Williamson County District Court, dispensing what passes for "justice" in that jurisdiction. Why? Anderson's past misdeeds weren't violent but they discredit any claim he might make to integrity or impartiality on the bench in much the way that Judge Adams' tumultuous family life discredits his family-law credentials.
Grits suspects Anderson himself has insufficient capacity for self-reflection or shame to himself contemplate stepping down; his failure to accept responsibility - apologizing for "the system" but insisting he himself was blameless - surely demonstrates that. But if the Commission can find a hook to go after Judge Adams regarding years-old charges, they should find a way to do the same thing in Williamson County. Much as with Judge Adams, every day Anderson remains on the bench taints and demeans not just the integrity of Texas' judiciary but the entire legal profession.
Opportunity for activism
Speaking of the Commission on Judicial Conduct, they're up for Sunset review along with TDCJ and the Board of Pardons and Paroles, and you can see their self-evaluation report here (pdf). (More soon analyzing that document.) Anyone frustrated with the impotence of judicial oversight in Texas should view the Sunset process as an excellent chance to suggest improvements to the process.
Even so, I was fascinated to learn via CNN that the State Commission on Judicial Conduct is not only investigating the old abuse allegations but has convinced the judge to accept a paid suspension while it does so:
Judge William Adams, who made national headlines after the release of a 2004 video of him beating his then-teenage daughter, has been suspended by the Texas Supreme Court.
Adams, while not admitting guilt or wrongdoing, agreed to the suspension. He will be paid during the suspension.See the order (pdf) and the commission's public statement (pdf) in Judge Adams' case, and the commission's rules (pdf) for disciplining or removing judges. What interests Grits in particular are possible parallels to Williamson County District Judge Ken Anderson, the prosecutor in the Michael Morton case who 25 years ago apparently hid exculpatory evidence from both the defense and the court to convict an innocent man, allowing the guilty one to remain living free in Bastrop County for the intervening decades. Just as the statute of limitations has run out on any possible offenses in the video from Adams' years-ago incident, the statute or limitations on any prosecutorial misconduct in the 25-year old Morton case have also likely expired. But if the Commission on Judicial Conduct can investigate Judge Adams over old abuse allegations, and even facilitate his suspension while they do so, why can't or won't they do the same for Judge Anderson in Williamson County?
The judge's lawyer, William Dudley, said his client proposed the suspension motion with input from the state Commission on Judicial Conduct, which is investigating the incident. Adams already was on voluntary leave, Dudley said in a statement to CNN.
I've been told privately that, even though the statute of limitations on Adams' conduct may have expired, there's an argument to be made that the commission could pursue him under its constitutional authority to discipline judges who engage in "willful or persistent conduct that is clearly inconsistent with the proper performance of his duties or casts public discredit upon the judiciary or administration of justice." A family law judge who engaged in that kind of behavior in his own family life, the argument goes, willfully engaged in behavior that cast discredit on the judiciary.
Similarly, assuming withholding exculpatory evidence from the judge was a willful act (instead of an act of extreme, near-unfathomable incompetence), it's hard to argue that Judge Anderson's recently-revealed shortcomings aren't "inconsistent with the proper performance of his duties or casts public discredit upon the judiciary." If the Commission on Judicial Conduct found a hook to justify intervention on older charges in Adams' case, Judge Anderson's should be similarly fair game.
Ken Anderson hid evidence and misled the judge in perhaps the biggest trial of his prosecutorial career. His alleged misconduct was primarily responsible for a false conviction which ranks among the worst injustices in the state's history, threatening to elevate him to Mike-Nifong status in the pantheon of convict-at-any-cost prosecutors willing to cheat to win. He's an embarrassment to his county and his profession - yet he still sits on the bench in a Williamson County District Court, dispensing what passes for "justice" in that jurisdiction. Why? Anderson's past misdeeds weren't violent but they discredit any claim he might make to integrity or impartiality on the bench in much the way that Judge Adams' tumultuous family life discredits his family-law credentials.
Grits suspects Anderson himself has insufficient capacity for self-reflection or shame to himself contemplate stepping down; his failure to accept responsibility - apologizing for "the system" but insisting he himself was blameless - surely demonstrates that. But if the Commission can find a hook to go after Judge Adams regarding years-old charges, they should find a way to do the same thing in Williamson County. Much as with Judge Adams, every day Anderson remains on the bench taints and demeans not just the integrity of Texas' judiciary but the entire legal profession.
Opportunity for activism
Speaking of the Commission on Judicial Conduct, they're up for Sunset review along with TDCJ and the Board of Pardons and Paroles, and you can see their self-evaluation report here (pdf). (More soon analyzing that document.) Anyone frustrated with the impotence of judicial oversight in Texas should view the Sunset process as an excellent chance to suggest improvements to the process.
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