36 Texas Judicial Complaints (to-date) in 2019 (Pro-rata 61+ expected)

That’s over a 7 months so pro-rata estimated total of 61+ complaints expected which is in keeping with the average.

33 Texas Judicial Complaints in 2018

Half the normal, which is rather abnormal. We assume 2018 was Judicial election year, and the Judges in Texas were all on their best behavior.

65 Texas Judicial Complaints in 2017

Treating each line item as one complaint (some parties file multiple complaints which are consolidated by the 5th review board).

REMEMBERING THE HIGHLY PUBLICIZED ‘DISMISSED’ COMPLAINT AGAINST FIFTH CIRCUIT JUDGE EDITH JONES (2013)

“Pursuant to the Judicial Conduct and Disability Act and the Judicial Conference of the United States Rules for Judicial-Conduct and Judicial-Disability Proceedings,1 Complainants file this Complaint against Judge Edith Jones of the Court of Appeals for the Fifth Circuit.

Judge Jones has engaged in conduct that is prejudicial to the effective and expeditious administration of the business of the courts, undermines public confidence in the integrity and impartiality of the judiciary, and creates a strong appearance of impropriety.

This Complaint arises primarily from Judge Jones’s comments at a lecture entitled “Federal Death Penalty Review” at the University of Pennsylvania School of Law on February 20, 2013…”

Judge Edith Jones Will Face No Judgment, Complaint Against Fifth Circuit Justice Dismissed

A federal appeals court judge underwent an incredibly rare ethics investigation, and came out the other side unscathed. After initially clearing Fifth Circuit Judge Edith Jones of any misconduct in August, the judicial counsel at the District of Columbia Court of Appeals rejected an appeal to that ruling on Wednesday.

Once upon a time Houston’s own Jones was known for making the Supreme Court nominee shortlist under both George H.W Bush and George W. Bush. But Jones is probably better known these days for being one of the most conservative justices on a notoriously conservative court.

Back in February 2013, Jones either made a perfectly acceptable little speech on the death penalty at the University of Pennsylvania School of Law or made some of the most racist and bigoted public remarks ever to come out of a federal judge’s mouth in modern times, depending on whose version of the story you believe.

Jones’ remarks, as interpreted by five law students and one professor in the audience that day, were enough for a collection of civil rights experts and legal ethicists to file a complaint with the Fifth Circuit. Attached to the complaint were eight affidavits including, six from people who actually attended Jones’ speech.

The complaint that rose out of that 45-minute speech and question and answer session, as reported in the initial complaint that was filed with the Fifth Circuit in June 2013, was serious enough that then-Chief Justice Carl Stewart passed the whole thing off, requesting that it be reviewed by the Judicial Committee of the D.C. Court of Appeals. And then U.S. Supreme Court Chief Justice John Roberts got involved, ordering the review of Jones.

The complaint, filed by 13 individuals and civil liberties groups, alleged that Jones made racially-charged statements during her law school speech that bad enough to reach the level of judicial misconduct. Basically:

Certain “racial groups like African Americans and Hispanics are predisposed to crime,” are “‘prone’ to commit acts of violence,” and get involved in more violent and “heinous” crimes than people of other ethnicities; Mexican Nationals would prefer to be on death row in the United States rather than serving prison terms in Mexico; Defendants’ claims of racism, innocence, arbitrariness, and violations of international law and treaties are really nothing more than “red herrings” used by opponents of capital punishment; Claims of “mental retardation” by capital defendants are also red herrings, and the fact such persons were convicted of a capital crime is in itself sufficient to prove they are not in fact “mentally retarded”; and the imposition of a death sentence provides a positive service to capital- case defendants because the defendants are likely to make peace with God only in the moment before their imminent execution.

THE INTER-PANEL PUBLIC SPAT

Plus, the complaint called Jones out on the infamous exchange she had with fellow-Fifth Circuit Judge J. Dennis back in 2011 when Jones was chief justice of the court. During a hearing on a criminal drug conviction, Jones got irritated that Dennis, one of few liberal justices on the court, asking questions. Specifically:

Jones: Judge Dennis!

Dennis: Can I, can I, can I ask a question? Jones: You have monopolized, uh, uh, seven minutes….

Dennis: Well, I’m way behind on asking questions in this court. I have been quiet a lot of times, and I am involved in this case….

Jones slams her hand down on the table (loudly), stands halfway up out of her chair, and points toward the door.

Jones: Would you like to leave?

Dennis: Pardon? What did you say?

Jones: I want you to shut up long enough for me to suggest that perhaps….

Dennis: Don’t tell me to shut up….

Jones: … you should give some other judge a chance to ask a question …

The verbal scrapping between Dennis and Jones was recorded (because it was in court), but the Pennsylvania speech, somehow, was not. That audio proof, or the lack thereof, ended up being key when the D.C. counsel reviewed the complaint. In her response Jones denied the allegations and submitted her notes, her own memories of what the speech was like and various news clippings, blog posts and legal documents backing up her claim that she didn’t say such things. Then the special counsel rounded up more information backing up her claims, according to the judicial counsel opinion. Plus they couldn’t find a recording of the speech.

More than a year after the complaint was filed the judicial counsel dismissed the complaint against Jones. The counsel also let her off the hook on the courtroom spat with Dennis because she apologized for it in the next court hearing.

Unless you have a Silver Bullet they say…..

COMPARE THAT COVER UP TO THE SANCTIONS AND PUBLIC REPRIMANDS HANDED DOWN AT STATE LEVEL

Visit our LIT Article here where you see the Attorneys and Judges under Disciplinary Orders