January 21, 2010

Judge Keller to skate?!?

OMG...The special master (read into THAT what you will) assigned to looking to Keller's behavior issued his findings today.

“Although Judge Keller’s conduct on that day was not exemplary, she did not engage in conduct so egregious that she should be removed from office,” Berchelmann said in his findings of fact . “Indeed, although Judge Keller’s actions did not help the situation, the majority of problems involving the Richard execution was the responsibility of the TDS.”

TDS, after recovering from burns received as a result of being dropped in the grease, issued this statement :

The Special Master blames TDS for failing to have the right person (a lawyer, not a paralegal) ask the right official (the judge secretly assigned to the case, not a clerk of the court or the CCA’s General Counsel) the right question (to keep the “court” open, not the “clerk’s office” open). Justice should not depend on such semantics. Shifting the responsibility to ensure access to justice away from the Court and to TDS is akin to blaming a paramedic for a car crash victim’s injuries. It is clear that Mr. Richard would not have been executed but for the violation of the CCA’s own execution day protocol and the decision to refuse to allow Mr. Richard to file his pleading after five o’clock. TDS made a reasonable inquiry through reasonable channels to ask the Court to accept a filing on the day of an execution on an issue that had no merit until that same morning. Judge Keller knew exactly what was being asked of her. She responded with an unequivocal “no” and closed the courthouse doors.

The judicial conduct panel can now decide to let her off, reprimand or remove her from the bench. Let's hope they realize the stupidity of the reco made by the special master.

Posted by mcblogger at January 21, 2010 09:52 PM

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