Dallas Judge Sanctioned for Ex Parte Communication, Delay
"Judge [Gena] Slaughter engaged in a prohibited ex parte communication with opposing counsel that resulted in her issuing a temporary stay of a valid writ of execution," according to the public reprimand.
November 04, 2019 at 02:43 PM
3 minute read
A Dallas district judge received a public reprimand for engaging in an improper ex parte communication and neglecting to rule on a case for 15 months.
The Texas Commission on Judicial Conduct announced the public reprimand on Monday against 191st Civil District Judge Gena Slaughter, who was first elected in 2007, although she had received the sanction on Oct. 11.
The reprimand explained that the misconduct occurred in a case in which a doctor asked the court to confirm an arbitration award she had won against her former medical practice partnership. The judge held a hearing on the matter on Oct. 6, 2015, but Slaughter did not issue a final judgment until Dec. 30, 2016.
The medical practice asked the court for a new trial for various reasons, and Slaughter granted it in March 2017. However, the Fifth Court of Appeals in Dallas reversed her decision in October 2017.
Next, the doctor obtained a writ of execution to collect her judgment, and an officer went to the medical practice's office to execute the writ and demand payment. However, Slaughter emailed the Dallas County Constable's office, writing that she was temporarily staying execution of the writ.
"Concerns have been raised because the defendant subject to the writ is a functioning ob/gyn office with patients in the office receiving care today. Because of these concerns, I have notified Constable Boling to stop executing the writ and wait until I can confer with the attorneys for both parties," said Slaughter's email, according to the public reprimand.
The doctor's attorney stated that she didn't get any motion or pleading regarding the emergency relief, nor a phone call that opposing counsel had communicated with the court. She wrote that it appeared that the court, through an ex-parte communication, was told that the officer was interfering with patient care.
The public reprimand explained that the Texas Constitution prohibits judges from engaging in willful, persistent conduct that casts discredit on the judiciary. Texas law does the same. Texas court rules say judges must decide on cases within three months of taking them under advisement, and Texas judicial ethics canons prohibit judges from engaging in ex-parte communications.
The judicial conduct commission found that Slaughter violated the rules by failing to rule on the case for 15 months.
"The commission further concludes that Judge Slaughter engaged in a prohibited ex-parte communication with opposing counsel that resulted in her issuing a temporary stay of a valid writ of execution," according to the public reprimand.
The judge also violated ethical canons, Texas law and court rules by not filing a response when the commission notified her of the complaint against her, the commission found.
The reprimand stated, "These actions are clearly inconsistent with the proper performance of her duties as a judge and cast public discredit upon the judiciary and administration of justice."
Read the public reprimand:
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