APPLICABLE CANONS

Judge Keller’s actions appear to have violated at least four provisions of the Texas Code of Judicial Conduct and the goals set forth in the Preamble:

Preamble

Our legal system is based on the principle that an independent, fair and competent judiciary will interpret and apply the laws that govern us. The role of the judiciary is central to American concepts of justice and the rule of law. Intrinsic to all sections of this Code of Judicial Conduct are the precepts that judges, individually and collectively, must respect and honor the judicial office as a public trust and strive to enhance and maintain confidence in our legal system. The judge is an arbiter of facts and law for the resolution of disputes and a highly visible symbol of government under the rule of law.

The Code of Judicial Conduct is not intended as an exhaustive guide for the conduct of judges. They should also be governed in their judicial and personal conduct by general ethical standards. The Code is intended, however, to state basic standards which should govern the conduct of all judges and to provide guidance to assist judges in establishing and maintaining high standards of judicial and personal conduct.

Canon 1: Upholding the Integrity and Independence of the Judiciary

An independent and honorable judiciary is indispensable to justice in our society. A judge should participate in establishing, maintaining and enforcing high standards of conduct, and should personally observe those standards so that the integrity and independence of the judiciary is preserved. The provisions of this Code are to be construed and applied to further that objective.

Canon 2: Avoiding Impropriety and the Appearance of Impropriety in All of the Judge’s Activities

A. A judge shall comply with the law and should act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.

Canon 3: Performing the Duties of Judicial Office Impartially and Diligently

B. Adjudicative Responsibilities.

(8) A judge shall accord to every person who has a legal interest in a proceeding, or that person’s lawyer, the right to be heard according to law�.

C. Administrative Responsibilities.

(1) A judge should diligently and promptly discharge the judge’s administrative responsibilities without bias or prejudice and maintain professional competence in judicial administration, and should cooperate with other judges and court officials in the administration of court business.

Witnesses:Hon. Sharon Keller (Presiding Judge, Texas Court of Criminal Appeals)
Hon. Cathy Cochran (Judge, Texas Court of Criminal Appeals)
Hon. Paul Womack (Judge, Texas Court of Criminal Appeals)
Hon. Cheryl Johnson (Judge, Texas Court of Criminal Appeals)
Hon. Tom Price (Judge, Texas Court of Criminal Appeals)
Edward Marty (General Counsel, Texas Court of Criminal Appeals)
Clerk, Texas Court of Criminal Appeals
Professor David Dow (Texas Innocence Network, University of Houston Law Center)
Andrea Keilen (Executive Director, Texas Defender Service)
James C. Harrington (Director, Texas Civil Rights Project)

We ask that the Commission determine the underlying facts and, if they are similar to the facts described above and in news accounts, ask that you take appropriate disciplinary action.

Thank you for your attention to this matter. We look forward to hearing back from you.

Sincerely,

James C. Harrington

For and on behalf of:

Dick DeGuerin
Attorney
The Republic Building (Seventh Floor)
1018 Preston Avenue
Houston, TX 77002-1818
Telephone: 713-223-5959

Joe K. Crews
Attorney
Crews Law Firm, P.C
701 Brazos, Suite 900
Austin, TX 78701
Telephone: 512-346-7077

R. James George, Jr.
Attorney
George & Brothers, L.L.P.
1100 Norwood Tower
114 W 7th Street
Austin, TX, 78701
Telephone: 512- 495-1426

Joe Richard Flores
Attorney
Law Office of Joe Richard Flores, P.C
218 S Jackson Rd
Edinburg, TX 78539-3900
Telephone: 956-381-1696

Charles Herring Jr.
Virginia Agnew
Attorneys
1105 W 12th St
Austin, TX 78703
Telephone: 512-320-0665

Michael J. Westergren
Attorney
P.O. Box 3371
Corpus Christi, TX 78463-3371
Telephone: 361- 765-6828

John J. (Mike) McKetta III
Attorney
Graves, Dougherty, Hearon & Moody, P.C.
401 Congress Avenue, Suite 2200
Austin, TX 78701
Telephone: 512-480-5616

Michol O’Connor
Attorney
P.O. Box 3348
Houston, TX 77253-3348
Telephone: 713-335-8200

Broadus A. Spivey
Attorney
Spivey & Grigg, L.L.P.
48 East Avenue
Austin, TX 78701
Telephone: 512-474-6061

Michael A. Olivas
Professor of Law
University of Houston Law Center
100 Law Center
Houston, TX 77204-6060
Telephone: 713-743-2100

Harold V. Dutton, Jr.
State Representative, Dist. 142
Texas House of Representatives
8799 North Loop East, Suite 305
Houston, TX 77029

Maria Hern�ndez
Attorney
Hern�ndez & Hern�ndez
2110 East Yandell Drive
El Paso, TX 79903
Telephone: 915-838-0338

Sheri Joy Nasya Tolliver
Attorney
Southern Disability Law Center
705 Highland Ave
Austin, TX 78703
Telephone: 512-499-0265

Stanley G. Schneider
Attorney
Schneider & McKinney P.C.
440 Louisiana (Suite 800)
Houston, TX 77002
Telephone: 713-951-9994

J. Michael Solar
Attorney
Solar & Padilla, L.L.P.
Williams Tower
2800 Post Oak Blvd. (Suite 111)
Houston, TX 77056
Telephone: 713-850-1212

Eliot D. Shavin
Supervising Attorney
Southern Methodist University
Dedman School of Law, Legal Clinic
PO Box 750116

Dallas, Texas 75275-0116
Telephone: 214-768-2025

Bill Bradshaw
Attorney
4006 Lewis Lane
Austin, TX 78756
Telephone: 512-459-1919

Geoffrey Neil Courtney
Attorney
The Hatley House
3700 Enfield Road
Austin, Texas 78703
Telephone: 512-236-0875