"Judge Keller Did Not Violate Any Written or Unwritten Rules or Laws," San Antonio Judge David A. Berchelmann Jr

SB
Texas Court of Criminal Appeals Presiding Judge Sharon Keller's resistance to keep her office open after hours and allow the last-minute appeal from a death row inmate Michael Wayne Richard who was executed several hours later does not warrant a reprimand or removal from office, San Antonio Judge David A. Berchelmann Jr. ruled according to the Associated Press.

AP further reported that the said ruling was followed by a trial-like hearing the previous year that was ordered by the State Commission on Judicial Conduct.

Berchelmann who was appointed as special master to preside over the case ruled that Keller "did not violate any written or unwritten rules or laws."

"Of course, that does not absolve her of the responsibility to ensure that the courts remain fair and just," Judge Berchlmann said in an opinion that the commission released last Wednesday. "Her conduct, however, does not warrant removal from office, or even further reprimand beyond the public humiliation she has surely suffered," he added.

Both parties have 15 days to file their respective objections, if there would be any to Judge Berchelmann's report, according to Seana Willing, the commission's executive director.

The commission will then will hold a public hearing to hear all arguments presented by both sides. And, the commission will either uphold the special master's ruling or move the case into another phase. The commission's options will be to dismiss the case, issue a public censure or recommend to the Texas Supreme Court that Keller be removed from her current post.

Keller is the chief justice of the Texas Court of Criminal Appeals, the state's highest appeals court for criminal cases.

Keller's attorney, Chip Babcock of Houston, was so pleased with the ruling and very confident that all charges against Keller will soon be dismissed "I think what happens next is that the commission takes these findings and dismisses all the charges. I think it's likely, and I think if it doesn't happen there is serious constitutional due process concerns raised."

While State Rep. Lon Burnam of D-Fort Worth, who tried to impeach Judge Keller before the 2009 Legislature, said that he was "very disappointed" and that Judge Berchelmann's finding was "ludicrous."

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