Last December, TMN approached Lon Burnam and asked him to file a resolution to impeach Keller. Today, the New York Times wrote an editorial supporting Burnam's resolution.
Today, the State Commission on Judicial Conduct formally charged Keller with misconduct.
State Commission on Judicial Conduct Notice of Formal Proceedings
Please be advised that on December 2-4, 2008, following three informal hearings that took place before it on June 18-20, 2008, August 13-15, 2008, and October 15-17, 2008, the Commission voted to initiate formal proceedings against the judge who was the subject of your complaint. This process involves a public trial before a Special Master appointed by the Texas Supreme Court, after which findings of fact will be presented to the Commission. You will be notified in writing of the date, time and location of this trial. Based on the Report from the Special Master, the Commission may vote to dismiss the case, issue a public censure, or recommend to the Supreme Court that the judge be removed from office.
In the event that removal is recommended, a seven-member Review Tribunal of appellate justices, also appointed by the Texas Supreme Court, will review the record of the public trial and the hearing before the Commission to determine if the judge should be removed from office. The Review Tribunal could also dismiss the case or issue a public censure against the judge. Be advised that this process is lengthy and could take anywhere from six (6) to eighteen (18) months or more to complete.
Thank you for your continued patience and cooperation as we continue with this process. We apologize for any inconvenience caused by the delay in resolving the complaint, as well as for our failure to communicate with you more often and in more detail regarding the status of the investigation. Due to confidentiality rules, we were greatly restricted as to what information we could provide and were concerned that any information we provided would be leaked to the media.
We appreciate that this case is very important to you. Like all cases filed with our agency, this matter was handled carefully and thoroughly investigated. Because the factual allegations and legal issues presented proved to be more complicated than most cases presented to the Commission, it simply required more time to resolve. In addition, please keep in mind that our Commission holds hearings only six (6) times per year, and handles hundreds of cases at each of those meetings. The thirteen volunteers who serve on the Commission take their responsibilities seriously and provide each case and decision the consideration it deserves. The members did not arrive at their decision in this matter lightly or prematurely.
We would also point out that we have a small, but dedicated staff that includes five lawyers and three investigators, who handle over 1,000 cases each year. Because of the significance of this matter, the investigation and presentation of the case was handled exclusively by the agency’s Executive Director and the Chief Investigator. It should be clear from a review of the Notice of Formal Proceedings how much time and effort has gone into this case so far.
On a final note, we are honored to have the services of John J. “Mike” McKetta, III, Michelle Alcala, and their firm, Graves Dougherty Hearon & Moody, P.C., supporting the Commission as Special Counsel in this matter.
Let us know if you have any questions or concerns regarding this process.
State Commission on Judicial Conduct