Sunday, December 2, 2007

Much has happened in Texas after Judge Sharon Keller violated the Court polices of how to handle death penalties cases. Keller thought she was putting an end to convicted murder Michael Richard when she closed the court's doors to his attorneys on their last chance to file an appeal before his execution, but his execution served as an eye opener to the Texas court system and its death penalty.

The Texas' highest criminal court response to Keller’s polices’ violation came on November 6th when written policies allowing lawyers to use e-mails to file emergency motions related to “death penalty cases and other extraordinary matters” were finally adopted by the court. On a letter Keller wrote to the Houston Chronicle responding to request, she said that the court didn’t have any written procedure on the day of Richard’s last appeal attempt, September 25, but she when on saying that this new written policies are a reflection of the “court's unwritten policies” that already existed that day. The new written polices has that on the day of an execution, the judge handling the case needs to stay on duty until after the execution, and that anything that needs to be communicated about the schedule execution needs to be addressed first to the judge assigned to handle the case (on September 25, the judge assigned to Richards’ case was not Keller, but she closed the door to his lawyers anyways).


That same day, Richard’s widow filed a lawsuit in Houston against Judge Keller for not accepting Richard’s appeal after 5pm on September 25th. Keller has filed a motion to dismiss Marsha Richard’s lawsuit where she directs the issue to Texas Government Code §658.005(a) that shows the hours of operation of state agencies as 8 a.m. to 5 p.m. She argues that she could’ve ordered the court to stay open only if “considered it necessary or advisable," and there was no need for the criminal appeals clerk's office to stay open because Richard’s attorneys could’ve filed the appeal to any of the court’s judges. The lawsuit was withdrew on November 11th and filed in Austin at the U.S. District Court for the Western District.

Protestants are trying hard to get Judge Keller to either resign or be removed from office since her police violation. On October 30th, a protest was set out in front of the Judge’s house and on November 16th, opponents of death penalty set out in a protest and delivered letters calling for Keller removal.

The written polices are definitely necessary, the lawsuit is not unfair and should not be dismissed, and I agree with the civil rights activists that Judge Keller can not remain in office. It is sad that it took an unfair execution to happen for Texas for Texas death penalty to become an important matter in the state. Adjustments have been made, but there are a lot of things that still need to change. Texas still long ways away from letting it go its fame of been the killer state.



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