Justice Politicized Is Justice Undone
I don’t care what side of the aisle you are on. I hope you will be as alarmed as I am by a development in 3rd Court of Appeals in Austin. In the very charged Tom Delay money-laundering case, the appeals court rejected by 2-1 a motion by Austin District Attorney Ronnie Earle that Justice Alan Waldrop recuse himself. Here’s why the motion was made:
Four years ago, before Waldrop became a judge, he called similar money-laundering allegations in a related civil lawsuit “politically motivated” and an attempt to “harass political opponents.” He was representing a client, a political ally of DeLay’s, who met in campaign strategy sessions with Delay’s associates.
The dissenting vote was Justice Jan Patterson, whom I’ve known for 40 years. Patterson is a decent, fair-minded jurist who happens to be a Democrat. She filed her dissent, but it was blocked by Chief Justice Ken Law, a Republican. Why? I can only suspect that it brutally laid out the conflict of interest that should have precluded Waldrop from judging the matter, much less voting on his own recusal. The matter has now gone to the Texas Supreme Court.
Ken Law is up for re-election on November 4.
11 Comments to “Justice Politicized Is Justice Undone”
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How is this any less of a conflict of interest than Democrat Ronnie Earle prosecuting Republicans?
Slate Magazine recently touched on conflict-of-interest issues involving elected judges: http://www.slate.com/id/2201960/.
I agree with most of the article, although every election I abstain from voting for judges because it seems just wrong.
I agree with Mike. If you didn’t want this politicized, then Earle should have recused himself first.
Mike,
I think the statements are what makes it a conflict of interest not the party affiliation…
Check out conflict of interest issues in West Virginia, which the U.S. Supreme Court may weigh in on: http://www.nytimes.com/2008/10.....ref=slogin
I don’t see that the statements are any conflict of interest — Waldrop made them before he was a judge, on a different case. He was being an advocate for a client, which is not an impartial role, and that doesn’t mean he has any bias on the bench.
If that were the standard, virtually no attorney that had practiced criminal law — either prosecution or defense — could ever serve as a criminal judge. After all, they’ve all made statements, as part of their job, advocating the position of their client or the state.
Ronnie Earle is a shakedown artist. Just ask the fine folks at Sears and Bacardi.
Just for the Republicans in the audience, here’s the Wikipedia list of lower profile targets of Ronnie Earle, with their party affiliation. I’m sure y’all can do the math.
Texas Supreme Court Justice Don Yarbrough (Democrat - 1978).
State Treasurer Warren Harding (Democrat - 1982).
Texas Attorney General Jim Mattox (Democrat - 1985).
Texas House Speaker Gib Lewis (Democrat - 1992).
Texas State Rep. Betty Denton (Democrat - 1995).
Texas State Rep. Lane Denton (Democrat - 1995).
Texas State Board of Education (SBOE) Members David Bradley (Republican), Bob Offutt (Republican), and Joe Bernal (Democrat).
Travis County District Attorney Ronnie Earle (Democrat - 1982). (Yes, after his campaign filed required campaign finance reports a day late, rather than recusing himself and seeking to have a special prosecutor appointed, Earle actually brought charges against himself. He managed to secure a conviction and paid a $212 fine.
For decades the democrat party has used its positions and appointments to undermine the intent of the law and further their party’s aims while the republicans continued to play by the rules. At some point my natural inclination is to applaud singular instances by republicans to act in kind. There should be no bias in any legal action but neutrality comes after the defeat of those who wish to subvert our laws.
Ah, Republicans playing by the rules. I remember it well. It brings a lump to my eye and a tear to my throat when I think of how sacred the rules are to the GOP. Pardon me, I need to go find a tissue.
Ed,
Have you read the case? Delay is trying to get off on a technicality. And the fact that the judge would not even allow the dissent to be read is pretty damning. Maybe the judge is neutral, but why not recuse yourself and leave no room for anyone to question your ethics?