Last Thursday, the Federal Bureau of Investigation and the Texas Rangers continued their state-wide clean up of the Texas judicial system as Texas authorities arrested Athens, Texas municipal judge Monica Corker for the charge of Abuse of Official Capacity.   

Working with the federal law enforcement experts, the local District Attorney’s office with the County Sheriff took Judge Corker into custody for the one charge,  and after inventorying the contents of her purse, charged her with a second felony — Fraudulent Possession of Identifying Information.

Judge Corker posted bond and was released from jail that same afternoon.  You can bet we’ll be hearing more on this case, especially since rumors are flying around the local cummunity that Judge Corker isn’t going to be the only official that will be charged.

By way of recap, let’s review some other bad acts of Texas Judges that we’ve posted here on the blog (and this isn’t a complete list, by the way): 

El Paso State District Judge Manuel Barraza arrested by the FBI on four counts of federal criminal activity that is being described as taking bribes and soliciting sex from defendants appearing before him; the grand jury indictment includes three charges of “wire fraud and deprivation of honest services” and a fourth charge of lying to a federal agent. (Judge Barraza’s trial just got moved to January 2010.)

Tarrant County municipal court Judge Tiffany Lewis took a plea  after the drama of stopping trial just before opening statements began, pleading guilty to a felony charge of misapplication of fiduciary funds (she’s alleged to have taken around $70,000), whereupon she was sentenced to 60 days in jail and 10 years probation.  (The State Bar of Texas already ordered her to payback the money that was taken.)

Galveston Federal District Judge Samuel Kent investigated and arrested for sex crimes and indicted (formally charged) with three federal crimes: (1) two counts of abusive sexual contact and (2) one count of attempted aggravated sexual abuse.  (Judge Kent’s already serving jail time.)

Houston Criminal Court at Law Judge Donald Jackson was indicted in September 2009 for official oppression and the Judicial Commission has stopped Judge Jackson from taking the bench. 

Dallas County State District Judge Bruce Priddy was arrested for DUI, sued by the Texas Attorney General on campaign finance issues, “publicly warned” by the State Commission on Judicial Misconduct, and suspended from the practice of law — and all the while, kept right on hearing cases from the bench.  (Judge Priddy’s still on the bench today.)

Chief Justice of the Texas Court of Criminal Appeals Sharon Keller was sued in civil court, forced to update her personal financial statements which added over $2 million, and faced trial this summer for her actions on the day that Michael Richard was executed.  (There hasn’t been a decision at this juncture on that formal trial of Justice Keller as of today.)

Back in April, we wrote about the shocking fall from grace of Judge Manuel Barraza, as he was arrested in El Paso by federal authorities on charges of taking bribes and other bad things. 

And now just as the federal trial was about to begin where Judge Manuel Barraza is being tried for fraud everything stops.  Why?  Because the defense succesfully argued that they need more time to review new evidence presented to them by the U.S. Attorney’s office. 

The panel of potential jurors was all ready for jury selection to begin, and then the continuance hit.  Bet they aren’t too upset about the delay.

Barraza’s federal trial is re-set to January 19, 2010. Wanna bet we here of a deal being struck?

Interestingly, Judge Barraza’s attorney is Marvin Mosbacker, one of the co-indictees with Dick Cheney in the Guerra corruption charges filed last year in Raymondville regarding private prison abuses and moved by Judge Manuel Banales (not Barraza) to the Texas Supreme Court. 

Small world.

Once again, Texas courts are making international headlines and not in a good way. 

This week, the Texas Court of Appeals for the Second Circuit over in Fort Worth issued its decision in the case of James Kevin Pope.  Seems Mr. Pope was tried and convicted of sexual assault of a child — an unfortunate crime, to be sure, but not one that rare or unheard of in our state, or in our country.  Heck, Roman Polanski is fighting extradiction on a similar charge right now…. 

It is a particularly disturbing fact pattern, of course:  Pope was convicted of having group sex with his three daughters.   Reaction to these circumstances surely played its part here — but this situation is far from the only heinous fact pattern with which experienced criminal defense attorneys (and criminal court judges) have had to deal.  

Nope, it’s not the crime that is making the headlines — it’s the punishment

What makes James Kevin Pope so newsworthy in places like Sidney, Australia, is the punishment he received — and which the reviewing court approved.  Defendant Pope was sentenced to FORTY life sentences and three 20 year sentences (one for each of 3 counts of sexual performance with a child).  And, the Judge of the 415th District Court over in Fort Worth okayed him serving these sentences consecutively, not concurrently. 

Which means, adding the time periods up as they stack against each other, back to back, you’ve got over 2400 years. 

Using the prosecution’s estimate of 60 years per life sentence, this totals to 2400 years before you add the three 20-year sentences, for a total of 2460 years incarceration as punishment for the crime. 

Of course, everyone knew that the jury voted for this punishment and that trial court judge had the authority to issue his ruling. Everyone also understood that the ruling would go up on appeal.  The trial judge had made a statement with his decision and the appellate court would review things, change the math.

Surprise, surprise.  The Fort Worth Court of Appeals Doesn’t Change a Thing

In a per curiam opinion (Justices Dauphinot, Gardner, and Livingston)(read the opinion here), the Fort Worth Court of Appeals didn’t change a thing.  They determined that there was factually sufficient evidence to support the trial court’s judgment, even if there wasn’t a jury instruction telling the jury which of the alleged criminal acts were the ones that formed the prosecution’s request for a conviction.  Nope  The 2nd Circuit Court of Appeals thought this error to be harmless, and let that Ready-For-David-Letterman’s-Monologue prison sentence stand. 

Just another great bit of media coverage for the criminal justice system of the State of Texas.  We should all be so proud.

Tiffany Lewis’s life will never be the same now that she’s pled guilty to taking client money — lots of client money — in a probate case … but we’re not too sure how ashamed she is just yet ….

On September 15, 2009, former judge Tiffany Lewis pled guilty just as testimony was about to start.

Must have been dramatic earlier this month, there in the courtroom, with the jury of 12 chosen and empaneled, the pre-trial motions all done and the lawyers having just finished their openings. That’s because just before testimony began, Tiffany Lewis decided to take a plea. 

Tiffany Lewis knows all about courtroom procedure and trial tactics … she was both a Dallas prosecutor and a member of the criminal defense bar before taking the bench as a Tarrant County Municipal Court Judge.  She knew how to pick her moment. 

Former Judge Lewis pled guilty to a felony charge of misapplication of fiduciary funds, which is punishable by up to 10 years in prison and a $10,000 fine. (She’s alleged to have taken around $70,000).  She was sentenced to 60 days in jail and 10 years probation.  (The State Bar of Texas already ordered her to payback the money that was taken.)

Courtroom Dramatics and Trial Judge’s Warning to Lewis

This was bittersweet for the prosecutors, since they’d spend countless hours tediously going through all the paperwork necessary to prove up a money case like this. Opting for a plea there in the courtroom battlefield isn’t a happy occasion for a criminal defense trial lawyer, either, in most instances (though we’ve got no info on how Lewis’ attorneys felt that day).

The Judge was apparently very displeased with Tiffany Lewis. Visiting judge David Cleveland told his former fellow jurist that she cannot represent herself as an attorney — because since she’s not a lawyer anymore, having been disbarred by the State Bar of Texas back in 2005.  According to those in the courtroom that day, Judge Cleveland also told Lewis that “someone put their trust in you, and you should hang your head in shame.”  Then he sent her off to jail. 

Shame?  Shame Indeed.  Tiffany Lewis has made her mark in Dallas history.

Perhaps you’ve heard of the ”Tiffany Lewis Clause.”  This was a change made to the Dallas City Charter all because of Tiffany Lewis.  Seems she refused to resign from her job as a municipal court judge even after she had lost her law license and was no longer legally an attorney.  Not only did the State Bar of Texas disbar Tiffany Lewis, but they ordered her to payback her clients $58,225, plus 5 percent interest accrued since August 2003.  That’s a lot of moola. 

In the face of this public denunciation, Judge Lewis still wouldn’t quit the bench, and there wasn’t anything in the charter to force her to do so.  (Hence the “Tiffany Lewis Clause.”)  Let’s consider the shame quotient here. 

Shame?  Not then.  When she was disbarred and sitting on the bench, Judge Lewis denied that she did anything wrong – someone else “close to her” had stolen the cash.  Her position was the State Bar was being too tough on her, and she sat there on the bench, making legal rulings in the face of the disbarment and not caring about the appearance this gave to the legal profession, the judiciary, or the system of justice as a whole. 

In 60 days, Tiffany Lewis will be out of jail.  She’s probably gonna have a happy Christmas dinner with her family.  You gotta wonder if she’ll get it by then … what all she’s  done wrong here.

The Honorable Jerry Buchmeyer died this week in a San Marcos nursing home at the age of 76, after serving the bench for over 30 years.  Considered by many to be a liberal judge, with landmark decisions involving both public housing and redistricting in this state, he achieved even more notoriety for his now famous sense of humor. 

His blog, Say What?!, technically made Judge Buchmeyer one of the first ”blawggers” in our state, and certainly, one of the first jurists to become a blogger.   The posts themselves are repeats of his beloved column in the Texas Bar Journal, entitled “et cetera,” where each month lawyers, judges, and others involved in the legal profession could get a good chuckle from the Judge’s selection of real-life courtroom (and deposition) humor.   Here’s an example of what Judge Buchmeyer gave us:

November 1996 – Did They Really Say That?

From John H. Spurgin, II of Austin (McGinnis, Lochridge & Kilgore), this excerpt from his deposition of the plaintiff in a wrongful discharge case:

Q. Did Rusty White ever attack your person? Did he ever assault you?

A. Well, he used profound (sic) language towards me.

Q. You say he used “profound language”?

A. Uh-huh.

Judge Buchmeyer will be noted in our legal history books as the jurist responsible for the desegregation of public housing; his rejection of single-member districts (which caused statewide redistricting); and last but not least, as the judge who struck down Texas’ anti-sodomy law.  Still, many of us practicing law will remember him with gratitude for the laugh he guaranteed us every month — and in the law, laughter is always welcome and usually needed.

Our condolences to the family and friends of Judge Jerry Buchmeyer.  And our thanks to a treasured jurist. 

A memorial service for Judge Buchmeyer will be held October 2, 2009, at the Belo Mansion here in Dallas.  Memorials in his name may be made to the Judge Buchmeyer Scholarship Fund at the University of Texas School of Law, 727 E. Dean Keaton Street, Austin, Texas, 78705.

While they are waiting for Judge Berchelmann’s findings in the Justice Keller matter, the Texas Commission on Judicial Conduct isn’t taking a holiday … yesterday they suspended a Houston judge, with pay….

Houston Criminal County Court at Law Judge Donald Jackson Suspended with Pay, Already Under Indictment

The Judicial Commission has stopped Judge Jackson from taking the bench, but he’s still able to get his $140,000/year salary.  Meanwhile, the Houston Grand Jury has already heard evidence and an indictment has been issued against 59 year old Judge Donald Jackson, for the misdemeanor charge of official oppression. 

If he’s found guilty, Judge Jackson faces up to one year in jail and a fine of up to $4,000.  And, assumedly, the Commission might stop his salary at that point. 

What Did Judge Jackson Allegedly Do?

According to the Indictment, last February this criminal judge had before him a drunk driving case with a young, female defendant.  Allegedly, the judge “… offered to get the complainant a different attorney to get her case dismissed if she would be interested in the defendant [that's the judge, he's a "defendant" in the indictment language] and enter into a relationship with him that was more than a one night stand.” 

There’s more to the story, of course.  The Indictment also alleges that Judge Jackson made “unwelcome sexual advances,” as well as a “request for sexual favors, ” and engaged in “verbal conduct of a sexual nature.”

Are we asking too much to think that Judges should know better?

County Court at Law Judge Donald Jackson has presided over Harris County Court at Law No. 3 for SEVENTEEN years.  And, last February when all this purportedly took place, we had federal judge Samuel Kent facing his own sexual misconduct charges with the continuation of his January trial being all over the Houston media, much less the rest of the country.  

Did Judge Jackson not read the papers?  Did he never hear of avoiding even the “appearance of impropriety”?  Why was he even talking with a drunk driving defendant?  What’s going on here with the Houston-area judiciary? 

Kent’s serving time, let’s see what happens to Jackson as his case proceeds….

As we all know, Kent ended up circumventing a full trial and he’s serving time now.  We’ll see what happens to Judge Jackson.  Maybe he’s innocent.

It’s going to be hard to get a parking space around the Bexar County Courthouse in San Antonio later this month — because starting August 17th, the impeachment trial of Justice Sharon Keller will begin in the courtroom of State District Court Judge David Berchelmann Jr.

A State Civil District Judge Will Preside Over the Impeachment Trial of the Chief Justice of the Highest Court in the State for Criminal Proceedings

That’s right. Judge Berchelmann will have the duty of acting as “special master” in the Keller impeachment. And, while it’s like a civil trial (which he presides over regularly), things will be a bit different. He will hear opening statements and closing arguments. Witnesses will take the stand and documents will be entered into evidence. (more…)

Just last week, we pointed to the new U.S. Supreme Court case that dealt with campaign contributions and judges across the country – with a warning that the judiciary was to avoid even the appearance of impropriety. And we predicted lots of activity based upon this new precedent.

And here it comes ….

Less than a week after Caperton v. Massey came down, Nueces County District Attorney Carlos Valdez has moved for the recusal of Judge Manuel Banales from the pending case of Mauricio Celis. The motion was filed on Wednesday, the US Supreme Court decision came down on Monday.

Seems that Mr. Celis is a well known Democratic fundraiser down in Corpus Christi, and the DA is arguing in his motion to remove Judge Banales that the judge received campaign contributions from some law firms that are somehow connected to Mr. Celis.

Who is Mauricio Celis?

Who is Mr. Celis? Well, he’s interesting. Seems he was convicted last February of pretending to be a lawyer, and he was facing a year in jail, until Judge Banales removed the old trial judge and changed the sentence to 10 years probation. And, he’s still got to face trial on other charges — such as theft, money laundering, and impersonating an officer. (Judge Banales isn’t hearing those charges, he already transferred those matters over to another Nueces County judge.)

Let’s see what happens next week, right?