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Judicial Misconduct Complaint

August 25, 2020 5 Comments

P R E S S   R E L E A S E TCDLA - Texas Criminal Defense Lawyers Association on Lawyer Legion
FOR IMMEDIATE RELEASE

CONTACT:
Mark Thiessen
, HCCLA President
(713) 864-9000 or email: Mark Thiessen

or Grant Scheiner, TCDLA President
(713) 783-8998 or email: Grant Scheiner

HCCLA and TCDLA Jointly File Judicial Misconduct Complaint on Harris County Judge Ramona Franklin, 338th District Court

HOUSTON, TX — The Harris County Criminal Lawyers Association (“HCCLA”) is the largest local criminal defense bar in the United States, with more than 700 active members engaged in the defense of citizens accused of criminal acts. HCCLA has, for over 50 years, stood for criminal justice, criminal justice reform, and against government and judicial overreach.

The Texas Criminal Defense Lawyers Association (“TCDLA”) is the largest state association for criminal defense attorneys in the nation with over 3,200 members. TCDLA’s purpose is to protect and ensure by rule of law and protect those individual rights guaranteed by the Texas and federal Constitutions in criminal cases; to resist the constant efforts which are now being made to curtail such rights; to encourage cooperation between lawyers engaged in the furtherance of such objectives though educational programs and other assistance; and through such co-operation, education, and assistance, to promote justice and the common good.

Today, HCCLA and TCDLA jointly filed a formal complaint with the Texas State Commission on Judicial Conduct against Judge Ramona Franklin, Judge of the 338th District Court of Harris County, Texas for violating the Canons of the Texas Code of Judicial Conduct. More specifically, Judge Franklin has repeatedly and illegally revoked defendants’ bonds right after they were released from custody and, worse, illegally denied them bail in violation of the United States and Texas Constitutions.

While many judges have been criticized for their decisions to release defendants on bail — individuals who are presumed innocent and legally entitled to bail — Judge Franklin has operated beyond the opposite end of the law, acting in a repeated, unlawful manner by revoking defendants’ bonds for no valid, legal reason. These individuals and their families spent their hard-earned money to secure their release so that they may fight their charges. Then, only making things worse, she then illegally ordered that they are to be held indefinitely without bail.

One individual sat in the Harris County Jail for 269 days after Judge Franklin illegally revoked his bond and put him back in custody back in November of last year. A little over two weeks ago, an appellate court found that Judge Franklin violated the law by doing so and ordered his immediate release. Despite this ruling, Judge Franklin continued to act in violation of the law by revoking other defendants’ bonds and denying them bail altogether.

The Commission on Judicial Conduct, pursuant to their lawful authority, will investigate the complaint and decide whether to take appropriate disciplinary action, including issuing sanctions, censures, suspensions, or recommendations for removal from office.

In the meantime, HCCLA and TCDLA will continue to monitor Judge Franklin’s actions, as well as other judges who decide to violate their obligations to comply with and be faithful to the law and act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.

For further inquiries and interviews, contact Mark Thiessen at (713) 864-9000 or Grant Scheiner at (713) 783-8998.

View or Download Formal Complaint:

Download (PDF, 6.83MB)

Filed Under: judicial complaint, press release

MADD About Bias

February 26, 2016 Leave a Comment

Have you been in Harris County Criminal Court at Law #2 lately? If so, you may have noticed the long present and blatantly offensive M.A.D.D. plaque is now absent, thanks to a reprimand from the State Commission on Judicial Conduct following a complaint by HCCLA.

For years, Judge William “Bill” Harmon arrogantly and inappropriately displayed his Mother’s Against Drunk Driving award on the bench in County Court #2. Despite requests from HCCLA and lawyers that it be removed, especially during DWI trials, Judge Harmon persisted in its display. During at least one trial, the potential jurors seated in the gallery responded they could see and read the M.A.D.D. plaque; they knew the meaning of the acronym so prominently displayed on the plaque; they even found its display ironic and uncomfortable. The display represented exactly what judges are supposed to avoid – an appearance of bias or impropriety.

One of the most basic canons judges must follow is to remain impartial and avoid even an appearance of impropriety. This is why the display was offensive. This is why HCCLA was compelled to take action and file a formal complaint with the State Commission on Judicial Conduct when Judge Harmon refused to remove the display. The direct result of our complaint was a private reprimand against Judge Harmon for this behavior.

For a judge who routinely hears DWI cases to display a perceived alliance with M.A.D.D. is beyond an appearance of bias. It very plainly shows a bias or prejudice against those who come before the court. Imagine being charged with DWI and walking into court to see that Mothers Against Drunk Drivers has honored the judge for his assistance in their plight. Would you trust that judge to be fair in your case? No, you wouldn’t. Does that bias instill a public trust in the judicial office? Of course not.

This inappropriate display finally came to an end with a private reprimand from the State Commission on Judicial Conduct. The Commission is a state agency created under the Texas Constitution responsible for investigating allegations of misconduct and for disciplining judges who run afoul of the judicial canons that govern their conduct.

Following a request for the plaques removal, several court opinions, and finally an HCCLA complaint to the Commission, Judge Harmon has finally removed the offending display. One would have thought the suggestion that perhaps Judge Harmon would “do the right thing” following a recusal hearing would have received his attention. One would have thought the remarks of Judge Sharp, First Court of Appeals, expressing that the sanctuary of a public courtroom should be free from special interests groups and agendas would have mattered. One would have thought a Court of Criminal Appeals opinion condemning this display would have caused Judge Harmon to take note. But alas, Judge Harmon continued his offensive display of perceived bias against alcohol related cases and defendants who came before him on a daily basis.

Even during the almost year of a pending judicial misconduct complaint, Judge Harmon maintained his display. Absurdly Judge Harmon even suggested to the Commission during its investigation that photographs of the display, made part of the complaint, were staged or altered.

Right around the first of the year, the plaque mysteriously abandoned its home on the bench. Come to find out, Judge Harmon seemed to be aware of an impending decision of reprimand coming from the Commission.

The State Commission on Judicial Conduct took action on our complaint. The Commission issued a private reprimand against Judge Harmon. The Commission cited his display of the plaque as against his obligation to avoid the appearance of impropriety and his bizarre comments regarding the motion to recuse him for failing to remove the plaque. In this side issue, the Commission noted Judge Harmon’s improper ruling on the face of the recusal motion. Harmon had written it was clear to the defendant that the judge was impartial based on her decision to elect judicial punishment in the event of a guilty verdict. However, the law does not allow the judge to make a response to a recusal; his duty is merely to refer the motion to be heard by a neutral magistrate.

All-in-all, despite requests and admonishments, Judge Harmon refused to remove the offensive display from the public courtroom. HCCLA saw no alternative but to file a formal complaint with the Commission. And, thankfully, the Commission took action and issued its reprimand.

Many thanks to Tyler Flood for challenging the issue and providing us with great documentation of the conduct. Thanks to Robert Fickman, Andrea Podlesney, and Mark Bennett for their fine work in drafting the grievance. Many folks came forward and provided the evidence and documentation to support the complaint. Thank you to all.

The body of the complaint and the letter from the State Commission on Judicial Conduct can be viewed and downloaded below.

The Houston Chronicle reported the private sanction on Saturday, February 27, 2016 on page B2.

Download (PDF, 9.77MB)

Download (PDF, 268KB)

Filed Under: appearance of impropriety, judges, judicial complaint, justice, Public Trust, transparency Tagged With: complaint, Judge Bill Harmon, Judge William Harmon, reprimand

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