Posted by Texas Moratorium Network Apr 29

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State Rep. looking to impeach judge
Lawmakers debate Judge Sharon Keller's fate

Monday, 27 Apr 2009 * Jenny Hoff

AUSTIN (KXAN) - Rep. Lon Burnam , D-Fort Worth, laid out his resolution to impeach Judge Sharon Keller to a House committee on Monday.

He is asking House members to pass a resolution to impeach Judge Sharon Keller for "gross neglect of duty and willful disregard for human life."

"We cannot allow a judge with a self-declared bias against capital defendents to continue deciding execution appeals," said Burnam.

Keller is the presiding judge on the Texas Court of Criminal Appeals and in 2007, she made a decision that sparked controversy and outrage, including a Web site titled " Sharonkiller ."

After the U.S. Supreme Court made an announcement questioning the use of lethal injection, Texas inmate Michael Richard's lawyer tried to file an appeal before Richard's scheduled execution. The lawyer asked the court clerk to keep the office open for a few minutes past closing time, in order to file the appeal. Judge Keller rejected that request and hours after her decision, Richard was executed.

According to Burnam, the Keller's Court of Criminal Appeals later granted two stays of execution based on the same arguments Richard's lawyers attempted to present.

"The allegation of concern that is raised is that the top ranking judge, the head of this court, is guilty of judicial homicide," said Burnam. The Fort Worth lawmaker contends that Keller violated Richard's Fifth Amendment rights.

However, other lawmakers call Burnam's attempt at impeachment a political move that does not make sense. "We have a judicial process for this," said Sen. Dan Patrick , R-Houston. "I just think for a legislator to suggest impeachment would appear to be someone looking for headlines."

The State Commission on Judicial Conduct is currently investigating Judge Keller's actions in the Richard case. There are questions if she violated protocol by not keeping the office open late on an execution night and by not reporting her decision the next day. She has a hearing before the commission scheduled for August, but Burnam said the legislature needs to take action immediately.

"The only way to get Judge Keller off the bench promptly is through the impeachment process," said Burnam. "That would avoid an additional 19-month deliberation by the commission which is as likely to lead to a slap on the wrist."

Impeachment Process

Burnam's first hurdle is to get the House Committee on the Judiciary and Civil Jurisprudence to pass his resolution, the Calendars committee can set a date for debate on the House floor. However, Burnam said if the committee does not vote on the resolution favorably, he will take it to the House floor for a vote on his own before session ends.

If the House votes in favor of impeaching Judge Keller, she would be prohibited from serving until her trial is completed.

The Senate would then have to come back in session to hold the impeachment trial after the legislative session ends.

The legislature has not attempted an impeachment for 35 years.

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