Killer's defense rests

Hard to characterize this obnoxious aggression as "defense":

“Judge Keller didn't close the court to anybody,” said Chip Babcock, Keller's attorney. “Michael Richard's lawyers never knocked on the right doors and they gave up.”

Screw you, Chip. Right in your Swiss bank account.

See, that's the problem with people who think they're above the law, that favor judicial procedure over actual justice.

If the facts are as reported, Judge Keller should be removed from the bench. It would show monumental callousness, as well as a fundamental misunderstanding of justice, for a judge to think that a brief delay in closing a court office should take precedence over a motion that raises constitutional objections to an execution. If the facts have been misreported, the impeachment process would allow Judge Keller to set the record straight.

Impeaching a judge is not a step a legislature should take lightly. It is important that judges be insulated from political pressures so they have the independence necessary to administer justice fairly. But judges cannot be allowed to use their extraordinary discretion to deny litigants the fundamentals of due process. That is especially true if the stakes are literally life or death.

Really though, to be fair to Keller, she's just following Supreme Court precedent.

The outcome here won't be known for weeks, even months, but to expect anything more than a whitewash by the ethics panel would simply be naive.

This is Texas, after all.

Update: Charlie's got a good take and some excellent linkage.

Lunch with Tom Schieffer

Yesterday our Houston confederation of progressive bloggers -- Charles, Martha, Jaye, Stace, Greg, John, Neil, David and me -- met with Democratic gubernatorial candidate Tom Schieffer and his communications director (and former Chron hand) Clay Robison.

While I posted this earlier regarding my opinion of the current standings in the race for governor, I found Schieffer hard not to like personally in our two-hour conversation. He has this little Bush problem, though, and nothing I have heard him say yet enables him to get past it. He's earnest and sincere and has some good ideas about what Texas needs to focus on -- education, economy, health care -- that need some fleshing out as to specifics. He's also not visibly perturbed about being challenged on his Democratic bona fides; in fact seems bemused by it. One remark that he made stood out to me in terms of casting aspersions against a primary rival, and that was, quote: "If Democrats nominate someone that does not scare people ...". I couldn't really place the person this was aimed at. Kinky, perhaps? I don't think Kinky scares anyone at all. Ronnie Earle? Earle would energize a Democratic base like Schieffer never will (of course, he'll also add a little gas to the Republican fire -- if you'll be able to tell from all the other crap they'll be throwing on the flames). Who have Democrats nominated in recent years that "scared" people?

My question to him was a hypothetical -- assuming it was offered, would he welcome a W endorsement of his candidacy in the general election -- that Schieffer deftly brushed aside with "He's not going to endorse me". Fair enough, but will you take a large donation from him? Will you ask him to call his sizable donor list on your behalf -- especially if Perry is once again the GOP nominee? Bush owes you a favor somewhere along the line, in my book.

Greg has posted his thoughts about it here, and David also has his take. Update: Kuffner sees it the same as the rest of us.

The death panel will be embalmed

Rep. Ted Poe will hold a town hall meeting at Brookside Funeral Home on Saturday, Aug. 22 at 10 a.m. with the primary focus being health care reform.

Can the GOP finally be laid to rest?

Texas Supreme Court candidates wanted

One of the most odious results of fifteen years' worth of 100% lockstep Republican rulership in Deep-In-The-Hearta is the 9-0 "majority" of corporate lackeys serving on the Texas Supreme Court. Thanks once again to Harvey Kronberg's Quorum Report for reporting the apparent second vacancy on the state's highest bench:

QR learned today that Justice Scott Brister has submitted a resignation letter and will be off the Texas Supreme Court in the not too distant future.

Brister’s resignation follows Justice Harriet O’Neill’s announcement that she would not seek re-election when her term expires.

Brister was appointed to the Court by Governor Rick Perry in 2003 and won an election in his own right in 2004. His term expires at the end of next year. By resigning, he gives the Governor an opportunity to appoint a replacement who would then run as an incumbent.

Republicans are lining up to fill those slots. Where are the Democratic judicial candidates?

Justice Rebecca Simmons, currently serving on the Texas Fourth Court of Appeals, announced today she is seeking election to place 3 on the Texas Supreme Court, a position held by Justice Harriet O’Neill who recently announced that she will not seek re-election to the court when her term expires at the end of 2010. Justice Rebecca Simmons was appointed to the Fourth Court of Appeals in May 2005 and subsequently elected in 2006. Prior to her appointment, she served as district judge of the 408th Judicial District Court in Bexar County.

Tex Parte also has this news:

Two other Republicans, Dallas’ 5th Court of Appeals Justice Jim Moseley and Eastland’s 11th Court of Appeals Justice Rick Strange, also have said they plan to run for O’Neill’s seat.

Let's see, do Democrats have anyone who could run for the Fourth Court of Appeals slot Simmons is vacating? I wonder, wonder who ...