There was a time when death penalty opponents thought they had the high moral ground -- killing was wrong. But that was before concepts of "right and wrong" went out of fashion, and the new wisdom held that we don't know whether the people on death row are truly guilty.
Regardless of what one might think about the death penalty, we really should want to insure that the people on death row are guilty and that the law was followed to get them there. There are loads of safeguards built into the system to see that death row inmates get the full benefit of the law. Sure there will be those who abuse the system, and we'll just have to live with that. But judges shouldn't be out there throwing up road blocks.
The story of Judge Sharon Keller and death row inmate Michael Wayne Richard is a disappointing chapter in the history book of Texas justice.
Sharon Keller is the presiding judge of the Texas Court of Criminal Appeals (TCCA), the highest state court to which a convicted criminal can appeal. The complaint -pdf filed against her tells the story, and what follows is a brief summary.
Michael Wayne Richard was scheduled to be executed by lethal injection on September 25, 2007 anytime after 6:00pm. On that very morning the U.S. Supreme Court announced it would hear Baze v. Rees, the case questioning the Constitutionality of the lethal injection process.
The nonprofit organization Texas Defender Service (TDS) was representing Mr. Richard, and they began work on a petition for a stay of execution. Through email communication, the TCCA was made aware of their intention to file the petition.
But the TDS had computer problems, and at 4:45 they called the TCCA clerk's office to tell them they would be a little late. Keller had gone home by this time, so the deputy clerk informed the TCCA general counsel who called Keller at home and asked her if the office could stay open past 5:00. According to the complaint:
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."
The TDS eventually called the deputy clerk shortly before 6:00pm and said they were headed there to hand deliver the pleadings. The deputy clerk told them not to bother, because no one was there to accept the filing. Mr. Richard was executed at around 8:20pm.
A complaint was filed with the State Commission on Judicial Conduct, and on July 16, 2010, they issued an order - pdf in which the commission listed a blistering string of violations of standards by Ms. Keller in this case, then they administered the penalty: A public warning.
Huh? Yep, a public warning which shouldn't even qualify as a slap on the wrist. It's more like a frown. It basically means that we can read the various filings and orders on the internet. And if this astonishing claim is correct, she even vowed to appeal that ruling.
Judge Sharon Keller's position is an elected office. She was originally elected in 1994 and reelected in 2000. And in 2006 she was reelected to the current term which expires in 2012. Texas voters love to reelect incumbents, and judges typically fly under the radar. But this "public warning" just might put her on voters' radar screens.
Updated -- On July 29, 2010, Judge Sharon Keller's attorneys filed a petition with the Texas Supreme Court requesting emergency relief alleging the public warning was unconstitutional. Via Statesman.com. See petition here (pdf).
Updated -- On August 16, 2010, Judge Sharon Keller's writ of mandamus was Denied.
Followup -- Judge Keller's lawyers eventually got a favorable ruling from a three judge Special Court of Review. See Trying to Try Judges -- The ruling on Judge Sharon Keller.