Private Sanctions Issued FY 2012

Action Date Issued Summary
Private Reprimand of a Former District Court Judge. (09/01/11). 09/01/2011 The judge failed to comply with the law, failed to act in a manner that promotes public confidence in the integrity and impartiality of the judiciary, and engaged in willful conduct that was inconsistent with the proper performance of her duties by engaging in conduct that violated Section 49.031 of the Texas Penal Code. [Violation of Canon 2A of the Texas Code of Judicial Conduct and Article V, §1-a(6) of the Texas Constitution.] Private Reprimand of a Former District Court Judge. (09/01/11).
Private Order of Additional Education of a Justice of the Peace. (09/08/11). 09/08/2011 The judge failed to comply with the law and demonstrated a lack of professional competence in the law when he summoned a party to appear in court when no case was pending. [Violation of Canons 2A and 3B(2) of the Texas Code of Judicial Conduct.] Private Order of Additional Education of a Justice of the Peace. (09/08/11).
Private Warning of a District Judge. (09/13/11). 09/13/2011 The judge failed to perform his judicial duties without bias or prejudice by participating in improper ex parte communications with Defense counsel and with the Defense's expert witness. Relying on the information obtained ex parte from the expert, who alleged that a party to the litigation had engaged in fraudulent conduct, the judge undertook the role of investigator or special prosecutor in an effort to ferret out whether the party had committed fraud. Once the judge became embroiled in the parties' discovery dispute, he created a strong perception that he could not be a fair and impartial arbiter in the case. [Violation of Canon 3B(8) of the Texas Code of Judicial Conduct.] Private Warning of a District Judge. (09/13/11).
Private Warning and Order of Additional Education of a Justice of the Peace. (09/26/11). 09/26/2011 The judge failed to follow the law and demonstrated a lack of professional competence in the law when he reduced a defendant's bond that had been set by another magistrate. The judge reduced the bond based on an oral request from members of the defendant's family and without notice to the State as required by Article 17.091 of the Texas Code of Criminal Procedure. The judge had previously been counseled against this practice by the District Attorney. [Violation of Canons 2A and 3B(2) of the Texas Code of Judicial Conduct.] Private Warning & Order of Additional Education of a Justice of the Peace. (09/26/11).
Private Warning and Order of Additional Education of a Justice of the Peace. (09/29/11). 09/29/2011 The judge failed to follow the law and demonstrated a lack of professional competence in the law when he reduced a defendant's bond that had been set by another magistrate. The judge reduced the bond based solely on an oral request from a defense attorney. The judge had previously been counseled against this practice by the District Attorney. [Violations of Canons 2A and 3B(2) of the Texas Code of Judicial Conduct.] Private Warning & Order of Additional Education of a Justice of the Peace. (09/29/11).
Private Order of Additional Education of a Municipal Court Judge. (10/10/11). 10/10/2011 The judge failed to obtain mandatory judicial education hours during the 2009 academic year. [Violation of Canons 2A and 3B(2) of the Texas Code of Judicial Conduct.] Private Order of Additional Education of a Municipal Court Judge. (10/10/11).
Private Warning and Order of Additional Education of a Justice of the Peace. (10/12/11). 10/12/2011 The judge failed to follow the law and demonstrated a lack of professional competence in the law when he reduced defendants' bonds that had been set by other magistrates. The judge reduced the bonds based solely on the oral requests from a defense attorney and/or a defendant's family member. The judge had previously been counseled against this practice by the District Attorney. [Violations of Canon 2A and 3B(2) of the Texas Code of Judicial Conduct.] Private Warning & Order of Additional Education of a Justice of the Peace. (10/12/11).
Private Admonition of a Municipal Court Judge. (11/3/11). 11/03/2011 The judge lent the prestige of his judicial office when he identified himself as a judge in a letter sent on the city letterhead asking a favorable treatment of a city employee. [Violation of Canon 2B of the Texas Code of Judicial Conduct.] Private Admonition of a Municipal Court Judge. (11/3/11).
Private Admonition and Order of Additional Education of a Municipal Court Judge. (01/03/12). 01/03/2012 The judge exceeded his authority when he issued summonses directing several individuals to appear in his court in an apparent attempt to mediate a private dispute that had allegedly resulted in the filing of criminal charges. None of the individuals had entered pleas. One of the individuals was summoned to court as a witness, not a defendant. The judge acknowledged he used the proceeding as an opportunity to admonish the individuals regarding their conduct. The judge acted improperly when he allowed the individuals to testify in court about the merits of their pending cases outside the presence of the State and prior to entry of any guilty or nolo contendere plea. Additionally; the judge failed to adequately maintain and preserve court records; ensure his court staff maintained a docket of the proceedings; and demonstrated a lack of professional competence in the law. [Violation of Canons 3B(2) and 6(C)2 of the Texas Code of Judicial Conduct.] Private Admonition & Order of Additional Education of a Municipal Court Judge. (01/03/12).
Private Admonition of a Justice of the Peace. (01/03/12). 01/03/2012 The judge acted improperly when he followed a litigant into the court's parking lot in a confrontational manner that was not patient, dignified or courteous regarding the litigant's small claims case. [Violation of Canon 3B(4) of the Texas Code of Judicial Conduct.] Private Admonition of a Justice of the Peace. (01/03/12).
Private Admonition and Order of Additional Education of a Justice of the Peace. (01/03/12).   The judge failed to maintain professional competence in the law when he: (1) dismissed a criminal complaint without a motion from the prosecutor based on a belief that the "complaint was weak;" and (2) set a personal recognizance bond in violation of Section 17.02 of the Texas Code of Criminal Procedure in a case in which the defendant was charged with injury to a child. Additionally; the judge allowed his relationship with the defendant's relative to improperly influence his conduct and judgment which resulted in the defendant receiving favorable treatment. The judge also used his judicial position in an attempt to influence the police department to reduce the charges against the defendant. [Violation of Canons 2B and 3B(2) of the Texas Code of Judicial Conduct.] Private Admonition & Order of Additional Education of a Justice of the Peace. (01/03/12).
Private Admonition and Order of Additional Education of a Justice of the Peace. (03/12/12). 03/12/2012 The judge failed to comply with the law and failed to maintain professional competence in the law when he issued a non-monetary judgment in a small claims case. [Violation of Canons 2A and 3B(2) of the Texas Code of Judicial Conduct.] Private Admonition & Order of Additional Education of a Justice of the Peace. (03/12/12).
Order of Additional Education of a Municipal Court Judge. (03/13/12). 03/13/2012 The judge failed to comply with the law and failed to maintain professional competence in the law when she signed and issued a capias pro fine warrant for the arrest of a traffic defendant without first giving the defendant notice and conducting a show cause hearing as required by Article 45.051 of the Texas Code of Criminal Procedure. [Violation of Canons 2A, 3B(2) of the Texas Code of Judicial Conduct and Article V, §1-a(6)A of the Texas Constitution.] Order of Additional Education of a Municipal Court Judge. (03/13/12).
Private Admonition of a Justice of the Peace. (05/21/12). 05/21/2012 The judge lent the prestige of his judicial office to advance the private interests of a family member when he used his title "J.P." and his official court seal on a statement supporting his nephew. [Violation of Canon 2B of the Texas Code of Judicial Conduct.] Private Admonition of a Justice of the Peace. (05/21/12).
Private Reprimand of a Justice of the Peace. (06/04/12). 06/04/2012 The judge willfully and/or persistently failed to timely execute the business of his court, in violation of Article V, section 1-a(6)A of the Texas Constitution and Section 33.001(b)(1) of the Texas Government Code, and denied a litigant's right to be heard, by waiting more than three years to set a case for trial despite the repeated requests for a trial setting from the litigant's attorney. [Violation of Article V, §1-a(6)A of the Texas Constitution and Canon 3B(8) of the Texas Code of Judicial Conduct.] Private Reprimand of a Justice of the Peace. (06/04/12).
Private Admonition of a District Judge. (06/11/12). 06/11/2012 The judge failed to require that his court coordinator comply with the provisions of the Texas Code of Judicial Conduct. As a result, the court coordinator engaged in a series of improper ex parte communications with the State's attorney. The emails included unsolicited legal advice, which caused the State's attorney to believe that the judge had authorized, if not authored, the communications. [Violation of Canon 3B(8) of the Texas Code of Judicial Conduct.] Private Admonition of a District Judge. (06/11/12).
Private Order of Additional Education of a Justice of the Peace. (07/05/12). 07/05/2012 The judge failed to comply with the law and demonstrated a lack of professional competence in the law when: (1) after conducting a hearing on the merits of a peace bond application and determining that a peace bond was warranted, the judge failed to issue a written order that required the subject of the application to enter into a peace bond, specified the duration of the peace bond order, and adjudged the costs of the proceeding against the defendant, as required by articles 7.03 and 7.14 of the Texas Code of Criminal Procedure; and (2) after the defendant failed to post the peace bond, the judge placed the peace bond order "on hold" rather than committing the defendant to jail as required by article 7.08 of the Texas Code of Criminal Procedure. [Violation of Canons 2A and 3B(2) of the Texas Code of Judicial Conduct.] Private Order of Additional Education of a Justice of the Peace. (07/05/12).
Private Admonition and Order of Additional Education of a Justice of the Peace. (08/10/12). 08/10/2012 The judge failed to comply with the provisions of the Texas Property Code when he entered a judgment in an eviction action that included an order that the landlords return half of the security deposit to the tenant. [Violation of Canon 2A of the Texas Code of Judicial Conduct.] Private Admonition & Order of Additional Education of a Justice of the Peace. (08/10/12).
Private Reprimand of a Justice of the Peace. (08/10/12). 08/10/2012 The judge failed to treat court staff, defendants, and a prosecutor in a manner that was patient, dignified and courteous. In addition, the judge acted without authority when he banned the prosecutor from appearing in his court. The judge failed to follow the law and demonstrated a lack of professional competence in the law when he: (1) dismissed cases pending in his court without a motion from the State, some of which were dismissed after he was advised by the district attorney's office that he had no authority to do so; and (2) followed a procedure in which he held certain "Parent Contributing to Nonattendance" cases "in abeyance" without any legal authority for doing so and without complying with Article 45.051 of the Texas Code of Criminal Procedure. In addition, the judge gave favorable treatment to a public official in a manner that suggested that the official was in a special position to influence the judge. Finally, the judge made public comments to the media about the school districts' handling of truancy cases in a manner which suggested how he might rule in those cases. The judge's public criticism of the school districts, as well as public comments voicing his opinion that he had been "Mexicanized" in the primary election, cast reasonable doubt on his capacity to act impartially as a judge. [Violation of Canons 2A, 2B, 3B(2), 3B(4), 3B(5), 3B(10) and 4A(1) of the Texas Code of Judicial Conduct.] Private Reprimand of a Justice of the Peace. (08/10/12).
Private Warning and Order of Additional Education of a Municipal Court Judge. (08/23/12). 08/23/2012 Based on numerous entries on a Facebook page, it was apparent to the public that the judge was actively involved as an organizer of a charitable fundraiser. The judge was aware that his name and judicial title were being used to promote the fundraiser, to sell tickets, and to solicit funds, yet he took no affirmative steps to correct that impression. The judge's active participation in the fundraiser also conveyed the impression that the parent of the recipients of the charitable funds was in a special position to influence the judge and raised questions about the judge's impartiality. [Violation of Canons 2B and 4C(2) of the Texas Code of Judicial Conduct.] Private Warning & Order of Additional Education of a Municipal Court Judge. (08/23/12).
Private Admonition of a District Judge. (08/23/12). 08/23/2012 The judge, in his official capacity, was able to obtain nonpublic information from the District Clerk's Office, which he then used for purposes unrelated to his judicial duties. [Violation of Canon 3B(11) of the Texas Code of Judicial Conduct.] Private Admonition of a District Judge. (08/23/12).