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ELSEWHERE but close: Houston Chronicle Comments on Prejudging Appeals via voting before hearing from the lawyers

By Michael Stevens

An editorial comment from the Houston Chronicle (Chron.com) highlights concerns raised when an appellate court takes a vote before hearing from the lawyers in a capital case. The reason I link to it here is two-fold: First, it has its timing around the Kentucky lethal injection case which was about to be decided at the time; and more importantly and secondly, a public perception created when the appellate judges cast votes (be they straw votes, etc) before even hearing from the lawyers! The reason the second also hits home is the reported practice the the Court of Appeals of Kentucky panels keep up with their dockets by having draft opinions prepared prior to oral arguments in some cases (which presumes a tentative vote of some kind). Of course, by reviewing the briefs the COA does hear from the lawyers before leaning in one direction of the other (if this practice does exist).Here's the story:COMMENTARYHigh court?s secret and hasty voteBy RICK CASEYVince Leibowitz, a reporter for a blog called Capitol Annex, reported this week that several judges on the state?s highest court for criminal matters want their chief judge, Sharon Keller, to resign.Keller has been charged by the State Commission on Judicial Conduct with violations of the judicial conduct code in connection with her alleged refusal to keep the court clerk?s office open for a last-minute appeal for a death row inmate, or to inform the judge assigned to take last-minute appeals that the inmate?s lawyers were attempting to file one.Now Keller must face the equivalent of a public trial and could lose her office.Leibowitz quotes his source as saying the judges, at least some of whom would have to testify, feared more media scrutiny could hurt their re-election chances.Their concern is justified. A good portion of the public might be...

Full post as published by Kentucky Law Blog on March 04, 2009 (boomark / email).