Commission on Judicial Conduct Begins Proceedings on Keller

It looks like the State Commission on Judicial Conduct has issued a notice of formal proceedings against Criminal Court of Appeals Presiding Judge Sharon Keller for disregarding execution day procedures in the Michael Richard case. Keller is already the target of an impeachment effort by a Texas House Democrat.

EDIT: The Notice of Formal Proceedings is available online here and here.

The notice contains five charges, including "willful or persistent conduct that is clearly inconsistent with the proper performance of her duties as Presiding Judge" [Charge I and Charge III]; "that casts public discredit on the judiciary" [Charge II and Charge IV]; and "incompetence in the performance of duties of office" [Charge V].

The charges mention violation of the standards set forth in Article 1, Section 13 of the Texas Constitution; Article 5, Section 1-a(6)A of the Texas Constitution; Canon 2A of the Texas Code of Judicial Conduct; and Canon 3B(8) of the Texas Code of Judicial Conduct.

Via commenter and public document uploader Scott Cobb in this comments thread on Grits for Breakfast.

ADDENDUM: The Austin American-Statesman coverage mentions that Keller's lawyer is Chip Babcock of Dallas. I wonder if he's this Chip Babcock--named one of Texas' "Top-Notch Lawyers" and Oprah's attorney.

Also, the Associated Press coverage quotes Texas Civil Rights Project director Jim Harrington: "I'm impressed that the people on this commission took it serious enough, they decided even if you're the presiding judge of the highest criminal court in the state that you're still subjected to justice."

So how will this get handled? Again, from the AP, noting that it could take 18 months:

Seana Willing, executive director of the judicial conduct commission, said the Texas Supreme Court will appoint a special master — a sitting or retired district or appeals judge — to hear the matter, which will be conducted like a trial. Keller has the right to a lawyer, to confront her accusser, introduce evidence and cross-examine witnesses.

After the proceedings, the commission may adopt, change or reject the special master's findings. The panel could decide to clear Keller of the charges, issue a public censure or recommend she be removed from the bench.

The action to remove Keller would be up to a special tribunal appointed by the Supreme Court. If ordered to leave the bench, Keller could appeal to the Supreme Court.