San Antonia, Texas (CNN)—A Texas judge accused of closing court before a death row inmate could file an appeal may take the stand today in her ethics trial.
This is the second day of the proceedings for judicial misconduct.
Demonstrators said Judge Keller should be removed from the bench for not keeping her office open to allow lawyers for condemned killer Michael Richard to seek a stay of execution.
“She totally went around the execution day protocol,” said a protester
Which is what lawyers for the state commission on judicial conduct told Judge David Berchelmann as the hearing began.
Berchelmann was appointed special master for the Keller case.
Her lawyers claim that the matter is simply a case of confusion between the court and the clerk.
After speaking with Keller, the clerk allegedly told Richard’s lawyer that their offices closed at 5:00 p.m. on September 25, 2007.
Richard’s lawyers say that prevented them from filing their request for a stay of execution.
Judge Berchelmann will have three options; to recommend that the case be dismissed. Secondly, to recommend Keller be censured
“Judge Berchelmann’s third option will be to recommend to the commission that they recommend to the Texas Supreme Court that Judge Keller be removed,” said reporter Paul Venema. “That is the option the demonstrators want. “
“She’s trying to blame everybody except herself. She’s not taking responsibility for what she did,” said a protester.
Commission lawyers say Keller should have contacted Judge Cheryl Johnson, the assigned judge, concerning the inquiry about office hours.
The hearing is expected to last all week.