How can I check the background of the judge who sat in on my son's case?

[cchilds3862]

Hello Y'all!

How can I check the background of the judge who sat in on my son's case? I am interested to know how many trials the judge has been involved in similar to my son.
I know you can check on attorneys but I'm not sure about judges. I appreciate all of the assistance. Take care!! PEACE!

[jbmccormick]

I also had this question and since you are in Texas, this will very much be in your favor. I asked this question to a Paralegal support group and this was my reply, I hope it helps you.

Hi, Jim!

<<I need to know if any disciplinary actions have been taken against a particular judge>>

The best way to check on a judge's disciplinary record in Texas (I would think) is to check:

State Commission on Judicial Conduct
PO Box 12265
Austin, Texas 78711-2265
512-463-5533

You could also go to the main library or the newspaper morgue in your county and see if there are any news articles containing adverse information against a particular judge. I fail to see, however, how this can possibly help your case. Cases and sentences are not generally overturned (or reviewed) just because the judge may have had disciplinary action against him/her at some time.

Example:
In Philadelphia Common Pleas Court (the PA state court for Philadelphia County), for instance, a judge (about 10 years ago) once remarked to a rape defendant (when finding him guilty) that the victim was "coyote ugly," stating that the defendant was good looking enough that he didn't need to rape the rather unattractive victim. Now to me, this kind of courtroom conduct was more appalling than anything I could think of, next to soliciting or taking a bribe. A complaint was lodged against the judge by the victim and several victim's advocates and the DA, who were present in the courtroom when the judge said this. The judge got a lot of bad press, a letter of reprimand, and was removed from hearing sexual assault cases, but other than that, the judge continued to serve out his term. This had no effect whatsoever on the outcome of any cases the judge heard.

<<and if any appeals were successful for inappropriate courtroom procedures against this judge.>>

When you say "inappropriate courtroom procedures," I am thinking you mean "judicial error." Do you mean cases in which the judge's cases were overturned due to the judges misinterpretation/misapplication of the law or an error in procedure? If so, the only way I can think of doing this is to use something like Lexis or Westlaw's database. Put in the judge's name and check cases in the Texas Court of Appeals database and see what comes up. And even if you find a lot of the judge's rulings overturned, this is not a disciplinary matter.

You stated that you retained an attorney. Your attorney can do this kind of search, but I doubt it would do any good. Looking into the judge's conduct is not the way cases generally come up for review. Judges have wide latitude in how they conduct matters before their court. For example, judges can order binding and gagging an unruly, disruptive, defendant. A judge can toss an attorney into the clink right on the spot for contempt. A judge can do a lot of things in the courtroom that to the lay person, may seem unfair, or an abuse of judicial discretion, but are perfectly within the bounds of what is permissible. What you deem "inappropriate" may be perfectly O.K. Appeals are generally based on some mistake the judge made in applying the law.

Now that you have retained an attorney, you should let the attorney handle the case. You don't need help with drafting a Habeas writ. If the attorney thinks that is the way to go, he/she will know how to do it. You are very emotionally involved in this matter, understandably, but you really should step back a little and take a deep breath and let the attorney handle this.

Good Luck!
Advokat2001

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[cchilds3862]

Thanks Jim!

This information is very helpful. Now, what if the judge is new to this county? He's only been here about a year. How can I check his records from previous courts? Again, thanks!! PEACE!

[jbmccormick]

That's an excellent question, but I'd think that the people above will have the answer to that when you call. If you want me to ask on the paralegal network, let me know by direct email and I'll follow it up.

I hope you find what you are looking for. I already know that the judge that tried my fiance is EVIL and the literal daughter of SATAN. Those are her good points, but that's another story altogether.

Good luck,

Jim