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Private Sanctions Issued FY 2013

Action Date Issued Summary
Private Reprimand of a Justice of the Peace. (09/17/12). 09/17/2012 The judge failed to comply with the law and engaged in willful conduct that was inconsistent with the proper performance of her duties and cast public discredit upon the judiciary or administration of justice by covering up for an employee's late arrivals to work. [Violation of Article V, §1-a(6)A of the Texas Constitution and Canon 2A of the Texas Code of Judicial Conduct.] Private Reprimand of a Justice of the Peace. (09/17/12).
Private Admonition and Order of Additional Education of a Justice of the Peace. (09/25/12). 09/25/2012 The judge's policy that required defendants who entered "not guilty" pleas and requested trials to sign a "Request for Trial" form before a notary public, placed an unreasonable burden on a defendant's fundamental rights to trial and access to the court. [Violation of Canons 2A, 3B(2) and 3B(8) of the Texas Code of Judicial Conduct.] Private Admonition & Order of Additional Education of a Justice of the Peace. (09/25/12).
Private Order of Additional Education of a Justice of the Peace. (11/07/12). 11/07/2012 The judge failed to comply with the law, demonstrated a lack of professional competence in the law, and failed to accord a litigant the right to be heard when he (1) failed to provide a litigant with notice and an opportunity for a hearing to resolve a speeding citation once that citation was filed with the court, (2) failed to enter a final written judgment assessing a fine and court costs, and (3) allowed the matter to go into warrant status in the absence of the requisites recited above. The judge also failed to comply with the law and demonstrated a lack of professional competence in the law when he assessed post-judgment interest at a rate that exceeded the maximum allowed by law. [Violation of Canons 2A, 3B(2), and 3B(8) of the Texas Code of Judicial Conduct.] Private Order of Additional Education of a Justice of the Peace. (11/07/12).
Private Admonition of a District Judge. (11/12/12). 11/12/2012 The judge failed to maintain professional competence in the law when she repeatedly imposed monetary sanctions against the parties during a hearing, without a finding of contempt, and then ordered the parties to either pay the sanctions to a charity or face incarceration. In addition, the judge repeatedly made threats to impose unauthorized monetary sanctions and/or to incarcerate the parties as an intimidation tactic to ensure order in her courtroom. Moreover, the judge failed to perform judicial duties without bias or prejudice, exhibited an improper judicial demeanor, and engaged in a persistent pattern of questioning only the husbands in these hearings in a manner that gave rise to the impression that the judge was assisting the wives in the prosecution of their cases. [Violation of Canons 2A, 3B(2), 3B(4), and 3B(5) of the Texas Code of Judicial Conduct.] Private Admonition of a District Judge. (11/12/12).
Private Order of Additional Education of a Justice of the Peace. (11/26/12). 11/26/2012 The judge failed to follow the law and demonstrated a lack of professional competence in the law by not following the correct procedures for selecting and seating a jury in a civil proceeding. In addition, the judge used a jury verdict form in a civil proceeding that was applicable only to a criminal proceeding, and failed to correct this error when it was brought to his attention through an objection from a litigant. [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. (11/26/12).
Private Warning of a District Judge. (11/26/12). 11/26/2012 The judge failed to disclose the nature and extent of his relationship with one of the attorneys involved in a case prior to trial, and refused to make the disclosure when directly asked about the relationship at a post-trial hearing and when the issue was later raised in a recusal motion that he denied. [Violation of Canon 3B(1) of the Texas Code of Judicial Conduct and Article V, §1-a(6)A of the Texas Constitution.] Private Warning of a District Judge. (11/26/12).
Private Warning of a Municipal Court Judge. (11/27/12). 11/27/2012 The judge failed to comply with the law and demonstrated a lack of professional competence in the law when she accepted a criminal complaint, performed her own independent investigation into the merits of the case, and then dismissed the matter in a manner not authorized by law. The judge further demonstrated an impermissible bias in favor of the complaining witness, and lent the prestige of her judicial office to advance the private interests of that person by facilitating a financial settlement of a criminal dispute between the complaining witness and the defendant. [Violation of Canons 2A, 2B, 3B(2), and 3B(5) of the Texas Code of Judicial Conduct.] Private Warning of a Municipal Court Judge. (11/27/12).
Private Admonition and Order of Additional Education of a Justice of the Peace. (02/01/13). 02/01/2013 The judge erred in his handling of a contempt situation involving a witness by detaining and handcuffing the witness for the purpose of public humiliation and/or to make an example out of the contemnor, rather than for the purpose of quelling a disturbance. The judge failed to treat the witness with the requisite patience, dignity or courtesy expected of a judicial officer. [Violation of Canon 3(B)4 of the Texas Code of Judicial Conduct.] Private Admonition & Order of Additional Education of a Justice of the Peace. (02/01/13).
Private Reprimand of an Associate Judge. (02/21/13). 02/21/2013 The judge manifested a bias or prejudice against a litigant based upon gender and socioeconomic status, and failed to remain fair and impartial toward litigants appearing before her, when she admonished a father not to have any children unless he had $300,000 in the bank. [Violation of Canons 3B(5) and 3B(6) of the Texas Code of Judicial Conduct and Art. V, §1-a(6)A of the Texas Constitution.] Private Reprimand of an Associate Judge. (02/21/13).
Private Warning of a District Judge. (03/06/13). 03/06/2013 The judge failed to comply with the law in when she (1) signed written orders and judgments in a criminal case that did not include the date on which the defendant was to begin serving his sentence; (2) orally ordered the defendant to turn himself in at a future time to begin serving his sentence; (3) orally ordered the defendant to report once a week to a probation office until that time, but; (4) failed to suspend the defendant's sentence or place specified conditions in a written order of judgment; and (5) failed to correct the matter after nearly five years had passed without the defendant having served any part of his sentence. Further, in two other matters, the judge failed to treat a law firm and a litigant with the patience, dignity, and courtesy expected of a judicial officer. [Violation of Canons 2A and 3B(4) of the Texas Code of Judicial Conduct and Article V, §1-a(6)A of the Texas Constitution.] Private Warning of a District Judge. (03/06/13).
Private Reprimand of a District Judge. (03/07/13). 03/07/2013 The judge failed to comply with the law and failed to maintain professional competence in the law when he found an attorney in direct contempt of court for allegedly "lying" to the court. The judge failed and/or refused to give the attorney an opportunity to be heard in defense of the judge's accusations, and instead, summarily found the attorney in criminal contempt of court, ordered him handcuffed, and placed him in a holding cell until a $500 fine was paid. The judge failed to issue a written contempt or commitment order from which the attorney could have challenged his detention through a writ of habeas corpus. [Violation of Canons 2A, 3B(2), and 3B(4) of the Texas Code of Judicial Conduct.] Private Reprimand of a District Judge. (03/07/13).
Private Order of Additional Education of a Justice of the Peace. (03/21/13). 03/21/2013 The judge failed to comply with the law and demonstrated a lack of professional competence in the law in her initial handling of a traffic defendant's case. The court's "courtesy letter" to defendant contained erroneous information, including the fact that a fine had already been assessed against her; the only option available to the defendant was to enter a guilty or no contest plea and pay the fine; and an arrest warrant would be issued for the offense of "violate promise to appear" if the defendant did not enter the plea or pay the fine. If the defendant had complied with these instructions, she would have been deprived of her right to a trial. [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. (03/21/13).
Private Admonition and Order of Additional Education to a Municipal Court Judge. (03/25/13). 03/25/2013 The judge failed to follow the law and demonstrated a failure to maintain professional competence in the law when he: (1) failed to afford defendants the opportunity to enter a plea of not guilty and to ask for a trial prior to questioning them about the merits of the case and their defense; (2) failed to advise defendants at their first court appearance of their constitutional rights; (3) required defendants to appear for status hearings each month in order to monitor their conduct at school, without having the defendants enter a guilty or no contest plea and/or without placing the defendants on deferred disposition; (4) failed to issue proper deferred disposition orders informing defendants of the terms of their deferral; (5) conducted criminal proceedings, including the questioning of defendants and witnesses about the merits of the case and their defenses to the charges, outside the presence of the prosecutor; (6) dismissed cases without a motion from the prosecutor; and (7) failed to maintain docket sheets containing the requisite information set forth in the Texas Code of Criminal Procedure. [Violation of Canons 2A, 3B(2), and 6C(2) of the Texas Code of Judicial Conduct.] Private Admonition & Order of Additional Education to a Municipal Court Judge. (03/25/13).
Private Warning of a Justice of the Peace. (04/08/13). 04/08/2013 The judge failed to comply with the law and demonstrated a lack of professional competence in the law by dismissing certain criminal cases without a motion from the State, including cases involving his brother-in-law and sister-in-law, which he was legally disqualified from handling altogether. Further, the judge exhibited an impermissible bias and failed to be patient, dignified, and courteous in his dealings with members of the police department. Finally, the judge's refusal to fully cooperate with the Commission's investigation became an aggravating factor regarding the imposition of this sanction. [Violation of Canons 2A, 3B(1), 3B(2), 3B(4), and 3B(5) of the Texas Code of Judicial Conduct, and Article V, §1-a(6)A of the Texas Constitution.] Private Warning of a Justice of the Peace. (04/08/13).
Private Order of Additional Education of a Justice of the Peace. (04/15/13). 04/15/2013 The judge failed to follow the law and demonstrated a lack of professional competence in the law when he magistrated his grandson. Although the judge was not similarly disqualified from magistrating a friend of the judge's grandson, a material fact witness in the case involving the grandson, the fact that the grandson's father contacted the judge on behalf of the material fact witness created a perception that the judge was providing special or favorable treatment to family and friends. [Violation of Canons 2A and 3B(1) of the Texas Code of Judicial Conduct.] Private Order of Additional Education of a Justice of the Peace. (04/15/13).
Private Admonition and Order of Additional Education of a Justice of the Peace. (04/15/13). 04/15/2013 The judge failed to follow the law and demonstrated a lack of professional competence in the law when he erroneously issued a capias pro fine warrant against a defendant, who subsequently spent 5 days in jail at least in part as a result of the condition laid out in the capias pro fine warrant. [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. (04/15/13).
Private Reprimand of a Justice of the Peace. (04/23/13). 04/23/2013 The judge solicited funds for a nonprofit corporation and lent the prestige of judicial office to advance her own private interests, and the private interests of the nonprofit corporation, when she (1) allowed the nonprofit corporation to send out a letter that included her name and judicial position and that encouraged past supporters to buy charitable raffle tickets; (2) contacted a State Senator in an effort to secure grant funding for the nonprofit corporation and drew attention to her position by discussing her "judicial reputation;" and (3) solicited public participation in fundraising operations to support the nonprofit corporation through the corporation's website and Facebook postings. [Violation of Canons 2B and 4C(2) of the Texas Code of Judicial Conduct.] Private Reprimand of a Justice of the Peace. (04/23/13).
Private Admonition and Order of Additional Education of a Justice of the Peace. (05/23/13). 05/23/2013 The judge improperly intervened in a defendant's case by ordering the defendant released on a personal bond after another judge had already magistrated and set a surety bond for the defendant and after the defendant's case had already been filed and assigned to a district court. [Violation of Canons 2A, 2B, and 3B(2) of the Texas Code of Judicial Conduct.] Private Admonition & Order of Additional Education of a Justice of the Peace. (05/23/13).
Private Order of Additional Education of a Municipal Court Judge. (07/09/13). 07/09/2013 The judge failed to comply with the law and demonstrated a lack of professional competence in the law when she attempted to mediate a dispute resulting from a physical altercation between two citizens when no case was pending in her court. [Violation of Canons 2A and 3B(2) of the Texas Code of Judicial Conduct.] Private Order of Additional Education of a Municipal Court Judge. (07/09/13).
Private Admonition and Order of Additional Education of a Justice of the Peace. (07/16/13). 07/16/2013 The judge failed to make a reasonable inquiry to determine if he had a disqualifying relationship in a matter where his niece, a relative within the third degree of consanguinity, was a manager of a business that was a litigant in the judge's court. [Violation of Canons 2A, 3B(1) and 3B(2) of the Texas Code of Judicial Conduct.] Private Admonition & Order of Additional Education of a Justice of the Peace. (07/16/13).
Private Reprimand of a County Court at Law Judge. (08/19/13). 08/19/2013 The judge wore a Halloween costume while presiding over a misdemeanor criminal docket, which demonstrated a failure to conduct court proceedings with the proper order and decorum, and a failure to treat the defendants, victims, and their family members with appropriate dignity. [Violation of Canons 3B(3) and 3B(4) of the Texas Code of Judicial Conduct, and Article V, §1-a(6)A of the Texas Constitution.] Private Reprimand of a County Court at Law Judge. (08/19/13).
Private Admonition of a Municipal Court Judge. (08/19/13). 08/19/2013 The judge made a phone call to the arresting police officer on behalf of a friend, which was perceived by the officer as an improper attempt by the judge to use of the prestige of judicial office to advance the arrestee's private interests. [Violation of Canon 2B of the Texas Code of Judicial Conduct.] Private Admonition of a Municipal Court Judge. (08/19/13).