Friday, August 13, 2010

No ruling yet on Keller appeal

Austin American-Statesman's Chuck Lindell is reporting that The Texas Supreme Court, which announces its decisions every Friday, did not rule this morning on Judge Sharon Keller’s request to have her ethics rebuke thrown out.
The Supreme Court also did not rule on Keller’s request for an emergency stay extending Monday’s deadline to file a more traditional appeal challenging the July 16 “public warning” from the State Commission on Judicial Conduct. (That appeal is really a request asking Supreme Court Chief Justice Wallace Jefferson to appoint a three-judge panel that would determine if Keller’s rebuke was justified.)

In the matter pending before the Supreme Court, Keller claims she was improperly reprimanded by the 13-member commission, which said Keller failed to properly perform her duties in 2007 when she closed the Court of Criminal Appeals clerk’s office at 5 p.m. despite knowing that defense lawyers wanted to file an appeal in a pending execution.

Keller is asking the Supreme Court to throw out the rebuke and dismiss all charges against her because, she argues, the Texas Constitution forbids the commission from issuing such a warning.

The Supreme Court is currently on hiatus but begins its new term next week. The nine justices can still rule on Keller’s petitions later today or Monday by issuing special orders.

Keller’s petition is here.
The commission’s response is here.
And, just filed yesterday, is Keller’s replyf to the commission’s response.

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