I'm just thinking out loud here, (ok, typing, but whatever) but does the word "reprehensible" seem like a good campaign slogan?
Every now and then, what happens in state court comes back up in federal court. It almost never, ever, never, ever, never involves a federal judge reviewing the conduct of a state court judge. Of course, until it does.
Imagine this scenario. A state court judge conducts his/ her business as usual, and mystifyingly sentences someone to, say 15 years in prison for failing to report on time to her probation officer. Then, the defendant brings her 2254 claim into federal court alleging ineffective assistance of counsel. With me so far?
During the hearing, not only does the appointed-for-life federal judge decide the defense attorney was indeed ineffective, but also has a few choice words for the state court judge. One of those words, by the way, is "reprehensible."
By itself, it's maybe a Lifetime movie. Maybe. More like a really bad WB tv show. But now, let's add the back story.
The federal judge is, as far as I am aware, the only district judge in the history of the Fifth Circuit to have ever been "sent to the showers", so to speak, by the Fifth Circuit itself for, um, not doing things the right way. More interesting? Maybe a straight-to-DVD release?
Now let's add this. The state court judge? Let's say he/ she resigned the bench to take a job in the D.A.'s office in preparation for his/ her run as the heir apparent to replace the long-serving D.A. Now we're in at least Gigli land, right?
Let's add that the state judge is bypassed by the governor for the appointment to fill the vacant D.A.'s spot, and thus leaving the race wide open in what will surely be the hottest local election around.
Would it be a disaster for the record of that 2254 hearing to be made public in which a federal judge describes the state court judge's conduct as "reprehensible" before the state court judge makes a run for the highest law enforcement position in the third most populated county in the State of Texas, and the 18th most populated in the country?
I don't know. Some might say it was reprehensible for it not to come out.
But what the hell do I know?
I'm thinking this sounds like a Court TV (or whatever they call themselves these days) movie. I'd see it though.
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Posted by: Health News | March 21, 2011 at 08:44 AM