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Texas is in the process of declaring itself a judicial ethics-free zone. Adam Liptak reports on the latest courthouse embarrassment to emanate from deep in the heart of crazy:
Charles Dean Hood was sentenced to death in 1990 by a Texas judge who had been sleeping with the prosecutor in his case. It took Mr. Hood almost 20 years to establish that fact. But he finally managed to force the two officials to testify about their rumored affair in the fall of 2008. They admitted it. Texas’s highest court for criminal matters, its Court of Criminal Appeals, considered all of this and concluded that Mr. Hood should be executed anyway. In a 6-to-3 decision in September, the court told Mr. Hood that he had taken too long to raise the issue of whether a love affair between a judge and a prosecutor amounted to a conflict of interest.
Mr. Hood has asked the United States Supreme Court to hear his case. On Thursday, 21 former judges and prosecutors filed a brief supporting him. So did 30 experts in legal ethics. “A judge who has engaged in an intimate, extramarital, sexual relationship with the prosecutor trying a capital murder case before her has a conflict of interest and must recuse herself,” the brief from the ethics experts said. “Of all the courts to have considered the issue, only the Texas Court of Criminal Appeals in this case failed to recognize this imperative.” The affair itself, as described in the depositions of the two former lovers, sounded tawdry and sad.
Judge Verla Sue Holland, who presided over Mr. Hood’s case in a district court in Collin County, Tex., testified that she and the prosecutor, Thomas S. O’Connell Jr., had had sex at each other’s homes when their spouses were away. This happened, she said, seven or eight times.
In any other jurisdiction, these facts would lead to some simple conclusions. The judge had a duty to disclose the conflict that arose from her intimate relationship with the prosecutor, or, at the very least to recuse herself. She had no business proceeding with the trial, which no serious observer would ever consider fair. But then, this is Texas, where the “plenty guilty” rule applies.
Another taste of Texas judicial ethics came in a recent case involving another Republican judge, Sharon Keller.
Sharon Keller, the presiding judge of the state’s Court of Criminal Appeals, was the center of controversy concerning the 2007 execution of Michael W. Richard, a convicted murderer. On the day of Mr. Richard’s scheduled execution, the United States Supreme Court effectively suspended lethal injection, the method Texas used. Lawyers for Mr. Richard from the Texas Defender Service rushed to file a last-minute appeal in light of the new ruling.
When defense lawyers sought extra time to file their appeal, Judge Keller replied that the clerk’s office closed at 5 p.m. Mr. Richard was executed a few hours later.
Judge Keller went home and allowed Richard to be executed, notwithstanding the reprieve granted by the Supreme Court. In most states, this would be viewed as scandalous behavior meriting dismissal from the bench or at least a sharp rebuke. But under the standards of Texas judicial ethics, it’s no big deal. A judicial reviewing officer decided that it was the defense counsel and not Judge Keller who deserved berating.
Texas Governor Rick Perry likes to threaten secession every time the federal government makes a move of which he disapproves. But the Texas judiciary already operates in a different country. Indeed, on a different planet.
More from Scott Horton:
Conversation — August 5, 2016, 12:08 pm
Sidney Blumenthal on the origins of the Republican Party, the fallout from Clinton’s emails, and his new biography of Abraham Lincoln
Conversation — March 30, 2016, 3:44 pm
Joseph Hickman discusses his new book, The Burn Pits, which tells the story of thousands of U.S. soldiers who, after returning from Iraq and Afghanistan, have developed rare cancers and respiratory diseases.
Flor Arely Sánchez had been in bed with a fever and pains throughout her body for three days when a July thunderstorm broke over the mountainside. She got nervous when bolts of light flashed in the sky. Lightning strikes the San Julián region of western El Salvador several times a year, and her neighbors fear storms more than they fear the march of diseases — first dengue, then chikungunya, now Zika. Flor worried about a lot of things, since she was pregnant.
Late in the afternoon, when the pains had somewhat eased, Flor thought she might go to a dammed-up bit of the river near her house to bathe. She is thirty-five and has lived in the same place all her life, where wrinkled hills are planted with corn, beans, and fruit trees. She took a towel and soap and walked out into the rain. Halfway to the river, the pains returned and overcame her. The next thing Flor remembers, she was in a room she didn’t recognize, unable to move. As she soon discovered, she was in a hospital, her ankle cuffed to the bed, and she was being investigated for abortion.
Amount of laundry an average American family of four washes in a year (in tons):
A study of female Finnish twins found that relative preference for masculine faces is largely heritable.
It was reported that visits from Buddhist priests could be purchased through Amazon in Japan, and the London Philharmonic Orchestra began streaming performances through virtual-reality headsets.
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“Matt was happy enough to sustain himself on the detritus of a world he saw as careening toward self-destruction, and equally happy to scam a government he despised. 'I’m glad everyone’s so wasteful,' he told me. 'It supports my lifestyle.'”