Defense lawyers complain judges rarely punished

Defense lawyers complain judges rarely punished


Brian Roger, Houston Chronicle Copyright 2012 Houston Chronicle.By Brian Rogers, Houston Chronicle

Updated 10:07 p.m., Friday, February 3, 2012

Houston and Texas 0

It was a warning.

The wrist slap, months after Densen pleaded guilty to the crime, illustrates the inertia and toothless sanctions that the agency policing the state's judges is known for, according to Houston's association of defense lawyers.

"Nothing ever happens, no one is ever disciplined and there's no accountability back to anyone for anything," said Earl Musick, president of the Harris County Criminal Lawyers Association. "And it's very secretive if anything ever does happen."

Less than 4 percent of the 1,192 complaints that were wrapped up in fiscal year 2011 ended with discipline, according to the agency's recently released annual report.

The Harris County Criminal Lawyers Association last week sent suggestions to improve the judicial conduct agency to the state's Sunset Commission.

The Sunset Commission will hold public meetings about the agency in April. Approved recommendations will go to legislators for the 2013 session.

The incident Densen was involved with was caught on video and widely broadcast in the media. The 61-year-old retired judge admitted guilt and agreed to pay restitution in October 2010.

Unlike Densen's public warning, however, most of the disciplinary actions are investigated confidentially and meted out in private.

No transparency

Of the 42 complaints that warranted action, more than half were "private" which means little is available to the public about the accusations or the results.

It is criticism the commission has heard before and says is unfair because its mission is to "protect the public" not punish judges.

"We don't see it as our role to remove judges or to publicly discipline judges in situations where it's not really warranted," said Tom Cunningham, chairman of the commission.

"On the other hand, I think our record bears out that we're not here to protect judges."

More than 1,000 complaints are filed with the commission every year.

To be effective, Cunningham said, the small staff of attorneys and investigators and the board overseeing them have to balance several factors.

First, the commission cannot review most courtroom decisions. Those official actions are reviewed by the appellate courts.

Second, Cunningham said, the commission should not be involved in political fights.

"Complaints are filed, not infrequently, for political reasons," Cunningham said. "We see that every election cycle."

Finally, those who file complaints can remain anonymous, Cunningham said, so baseless accusations about innocent judges should not be public record.

When judges are disciplined, the commission can opt to do it "privately" which excludes it from the public record.

That lack of transparency, about complaints and results, is what frustrates those who want to see judges punished. It also runs counter to the public nature of courtrooms, where most information is supposed to be public.

"We've got the very best judiciary in the nation," Musick said. "They don't ever do anything wrong."

'Education limitations'

The biggest offenders were justices of the peace, who received 19 percent of the complaints but were subject to more than half of the discipline that was meted out.

Some Texas judges, including justices of the peace, do not have law degrees.

"There are almost 4,000 judges in Texas, half of which are not attorneys," said Seana Willing, executive director of the commission. "So, we have some education limitations that we try to address."

Cunningham and Willing said there are few cases of demonstrably bad judges.

"It's a rare thing to come across a bad judge or a judge who is acting in bad faith or criminally," Willing said. "But those are cases that find their way to us and we address them."

Most of the complaints that are sustained involve clerical issues, like not filing the most recently updated forms for legal actions - a taboo for most lawyers, but not surprising in far-flung Texas counties where judging may be a second job.

Defending privacy

By addressing the situation with education and mentoring and deciding to not hold the judge up in public, the problem is corrected, Willing said.

"We've done our job, by protecting the public," she said. "The fact that it was done privately, does not harm the public."

Getting the right result out of the system is a balancing act, Cunningham said.

"The public wants to know about its servants, its judges, its leaders, its legislators - and they're entitled to know," Cunningham said. "The question is 'what is the proper balance to maintain the integrity of the judicial system?'"


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Editor's note: Alice R. Gore Estate value about 1 million dollars: Alice R. Gore, deceased, a disabled 99 year old ward of the Probate Court of Cook County, Judge Kawamoto’s courtroom was hours away from ending up in the Cook County Morgue. Alice's estate was depleted by probate court parasites and there were reportedly no funds to bury her. Her loving family paid for the burial expenses so that Alice would not have to suffer the indignity of being stacked like an Auschwitz inmate in the Cook County morgue. The judge allowed an easily manipulated mentally disabled granddaughter to be appointed as Alice’s guardian and yet no sanctions were instituted against the judge for this blatant infraction of the law. Lucius Verenus, Schoolmaster, ProbateSharks.com

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