Codifying justice

Codifying justice

Lawmakers and judges try to halt a repeat of Judge Keller’s errors

Copyright 2009 Houston Chronicle
March 5, 2009, 10:09PM



  ----------


State legislators and judges are scrambling to prevent another fiasco 
like Judge Sharon Keller’s notorious refusal to permit a last-minute 
death row appeal. Texas clearly needs these safeguards. But they’ll 
never take the place of ethical, individual judgment.
Keller, as much of the country knows, was the presiding criminal 
courts appellate judge who closed shop at 5 o’clock rather than grant 
20 minutes extra for a death row appeal. The condemned inmate was 
executed that evening.
On the day of that execution, courts around the nation were halting 
lethal injections because the Supreme Court had just decided to 
review this method. But Keller — who knew about the court’s decision 
— rebuffed the attorneys of murderer Michael Richard after their 
computer crashed around 4:30.
A state commission on judicial conduct has now charged Keller with 
misconduct, and a state representative filed a bill to impeach her. 
But Keller’s own colleagues and another lawmaker are also working to 
fix the system that allowed Keller to act on her irresponsible whims.
This week, Rep. Marc Veasey, D- Fort Worth, is introducing a bill in 
the Texas Legislature that would require the Court of Criminal 
Appeals and its clerk’s office to stay open on execution days 
whenever the inmate’s attorney alerts them of an upcoming appeal.
The Court of Criminal Appeals has taken another tack. Keller’s 
judicial colleagues have penned a memorandum that formalizes several 
measures that actually were already in place, though unwritten, when 
Keller made her capricious decision. According to the newly written 
rules, attorneys who are seeking an appeal can now submit their 
documents by e-mail. The request would also go to all the judges on a 
case, rather than a single one — as happened on Keller’s watch.
It’s still unclear why the lawyer at the court who took the desperate 
phone call that day contacted Keller. She was not the judge on duty 
in the Richard case. Inexplicably, Keller failed to forward the 
request to the proper colleague, who was waiting at the courthouse 
because she knew such an appeal was likely.
The lawyer also seemingly failed to direct Richard’s attorney to the 
trial court — which was also open late — which is the proper place to 
file such appeals, according to Court of Criminal Appeals Judge Larry 
Meyers.
But under the new rules, said Meyers, any legitimate issue raised at 
the last minute will now trigger a temporary stay until it’s resolved.
Sharon Keller’s refusal to allow Michael Richard’s last appeal was 
more than an injustice toward one convicted murderer. Her violation 
of procedure — and her personal contempt for due process — cheated 
everyone who wants to believe Texas judges will hear every single 
case until its honest conclusion.

http://www.chron.com/disp/story.mpl/editorial/6296627.html