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Mike McSpadden

ACLU goes after Judge McSpadden

As well they should.

The ACLU of Texas is asking Harris County’s longest serving felony court judge to resign after making a statement to the Houston Chronicle on his views about black men’s attitudes toward the criminal justice system.

The civil rights group also is asking that the judge be automatically recused from cases involving African-American defendants until an investigation into potential racial bias occurs, according to a news release Tuesday.

[…]

“If there remained any doubt that the deck is stacked against people of color in our criminal justice system, Michael McSpadden just dispelled it,” said Terri Burke, executive director of the ACLU of Texas. “When a sitting judge feels comfortable enough to admit openly and on the record that he uses bail orders to jail black defendants on the assumption they can’t be trusted, it’s time to take action. This kind of flagrant racism has no place in our justice system.”

She said, “The Texas Commission on Judicial Conduct needs to take the first step toward rooting it out, and Judge McSpadden should voluntarily step down.”

McSpadden could not be immediately respond to a request for comment Tuesday. His court staff said he was on the bench hearing cases.

The civil rights organization said McSpadden’s comments violate the Texas Code of Judicial Conduct and could merit removal from office.

“Judge McSpadden’s remarks are inexcusable, but not at all surprising for those of us who know the justice system well,” said former death row inmate Anthony Graves, who runs a criminal justice initiative for the ACLU of Texas.

See here for the background. Perhaps there’s some context Judge McSpadden can add to his comments, or perhaps he could just admit that was a dumb and offensive thing to say and offer an apology for it. People may or may not accept either action, but at least it would be something. In the absence of any such followup, one is left to conclude that he has nothing further to say on the matter. Whatever one may have thought of Judge McSpadden before now, that’s not a good look. And as a reminder, Judge McSpadden is up for election this fall. For all the griping some people do about partisan judicial elections, they do at least give the voters the chance to correct errors on the bench.

On a side note, two of Judge McSpadden’s colleagues on the misdemeanor courts are again urging the county to settle the bail lawsuit.

“The most conservative appellate court in this country, strict constitutional conservatives, have said that this practice that we are doing is unconstitutional,” said Judge Darrell Jordan, one of the defendants in the lawsuit.

Jordan told County Judge Ed Emmett and county commissioners that fighting the suit had already cost Harris County $6 million in legal fees. “I’m asking that you all cut this last check, fire these $6 million lawyers, let the County Attorney’s office come, and we all sit down and work out a settlement.”

Jordan’s co-defendant, Judge Mike Fields, urged Emmett and the commissioners to “use every tool in your arsenal to help us settle this lawsuit.” Fields added, “Our county needs to settle this for financial reasons, and our public needs it settled for reasons of good governance and confidence in the criminal justice system.”

Judge Emmett said he’s willing to settle on the basis of the 5th Circuit’s ruling, but said plaintiffs haven’t responded to offers to talk.

Judge Jordan, the lone Democrat on these benches, and Judge Fields have been the lone voices from those courts for sanity. Unfortunately, their colleagues remain uninterested in such matters as the cost of the litigation and the fact that they’ve lost at every step and looked bad in doing so. And they’re all up for election this November. See my comments above on that.

Mental health court coup

Interesting.

Judge Jan Krocker

Citing problems with the administration of Harris County’s mental health court, a board of judges has ousted the court’s founder and presiding judge, Jan Krocker, officials confirmed Friday.

“There were a lot of valid complaints about Judge Krocker’s administration of the court, and she didn’t like the idea of oversight,” said Michael McSpadden, Houston’s most senior felony court judge. “We are all behind a mental health court. We just want it run the correct way.”

Krocker will continue to preside over the 184th State District Court, a bench to which she was first elected in 1994, but two other judges, David Mendoza and Brock Thomas, will oversee the mental health court.

Krocker said the move was the natural evolution of the program.

“Once we knew the court would be funded for another year, I had hoped to reduce my involvement because it had become so time-consuming,” she said in an emailed statement. “I would have been glad to transition out and turn it over to Judge Mendoza and Judge Thomas. It is too bad this wasn’t handled differently.”

What’s interesting about this is that the mental health court has only been in existence since October. That’s an awfully short period of time for everyone to lose patience with the person who brought this thing to reality. Or maybe there was something else going on.

The abrupt removal may have been spurred by Krocker releasing a statement in December accusing another judge and newly elected District Attorney Mike Anderson of trying to kill funding for the court.

Last year, Krocker said then-District Attorney Pat Lykos had promised $500,000 for the court to continue. When that promise dried up days before Lykos left office, Krocker blamed Anderson and state District Judge Belinda Hill.

Anderson and Hill, who was the chief administrative judge over the 22 district judges and is now Anderson’s first assistant, have both publicly supported the mental health court.

The problem was not the court, McSpadden said. It was Krocker.

“She wasn’t following the mental health advice of the people we hire, the doctors we hired,” McSpadden said. “There were a lot of complaints, from inside and outside the court.”

As a non-lawyer I have no insight into this, so let me throw this out to those of you who who may have some insight for your comments. What do you think?