“No one is above the law and no one
Transcript of “No one is above the law and no one
1
1
2
2
“No one is above the law and no one should ever be treated like they are beneath the law.”
Judge Morris OverstreetFormer Texas Court of Criminal Appeals Judge (1990-1998)
3
4
3
“This might be your show, but this is my episode.”
Decorum
❖Propriety❖Good taste in conduct or appearance❖Orderliness ❖Act-right; Come to Jesus
Merriam-Webster Dictionary
5
6
4
7
8
5
Gov. Code Sec. 21.002; TJCTC - Office holding and ethics deskbook
Direct and Indirect
CONTEMPT OF COURT
Punitive
or
Gov. Code 21.002
9
10
6
The right of a judge to punish for contempt is not given for the private advantage of the judge, but to preserve the respect due the court.
In exercising this authority, the judge should act to redress a public wrong, not seek revenge for private grievances. Ex Parte Davis.
TJCTC Officeholding and Ethics DeskbookPage 42
11
12
7
DISORDERLY PERSON
CONTEMPT OF COURT
13
14
8
Judicial Express
15
16
9
Mirror Neurons
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6488290/https://www.cell.com/current-biology/fulltext/S0960-9822(19)30322-7?fbclid=IwAR2mT9F4iQmCJNI0YqU8dpBSTr2hYVkjhqS73cI0nx_zxTjlo96RZRIq9CwNational Academy of Scienceshttps://www.pnas.org/content/100/9/5497https://www.emory.edu/LIVING_LINKS/publications/articles/Clay_Iacoboni_2011.pdf
Breathe
Recess
Clarity
Lower volume
Award winning performerSift and write
17
18
10
19
20
11
Social Media
https://www.nbcnews.com/now/video/judges-misusing-social-media-spark-calls-for-reform-116492357731?fbclid=IwAR1ABk39aGur9zvPm5QEYMVEaI4DVOiXWecTToxyl4ACE3b0mYxH_dQJdf4
21
22
12
Shelby County, Tennessee Public Reprimand – November 15, 2019
Criminal Court Judge
Included sixteen images shared on the Judge’s Facebook page posted
in 2016, and an interview with local media.
Shared articles not endorsed or authored
Clear violation of Tennessee Judicial Canons One and Two
Texas Canons Two and Three
The Tennessee Board of Judicial Conduct RE: Board of Judicial Conduct Complaints File Nos. B19-7753 and B19-7777
The sixteen images for concernStrong positions on:✓ Professional athletes kneeling during the national anthem✓ Effect of illegal aliens on the economy✓ Opposition to certain democrat platform principles✓ Opposition of then-presidential candidate Hillary Clinton✓ A position on black lives matter and the double standard of the news media ✓ A position on shooting deaths by police officers and the media bias✓ Anti-jihadist sentiment✓ A position on the issue of transgender bathrooms and boys in girl’s locker rooms✓ The credibility of certain federal agencies ✓ Illegal aliens voting in Virginia✓ Expression of bias in favor of then-presidential candidate Donald Trump
The Tennessee Board of Judicial Conduct RE: Board of Judicial Conduct Complaints File Nos. B19-7753 and B19-7777
23
24
13
“The public’s confidence in the judiciary is undermined when a judge’s conduct
simply creates the perception that cases have been prejudiced or that there is
a political bias …”
“… regardless of whether the perceived bias or prejudice exists.”
The Tennessee Board of Judicial Conduct RE: Board of Judicial Conduct Complaints File Nos. B19-7753 and B19-7777
Exchanged sexually graphic messages, photos, and videos with a woman while he was in Austin in his official capacity as Vice Chair and member of the Commission; and again while attending a judicial education conference in his official capacity as County Judge.
Failed to cooperate with the Commission by:
I. Failing to timely produce records and evidenceII. Deleting information from his social media account and cell phoneIII. Failing to provide complete and candid testimony in response to the Commission’s
inquiries; andIV. Attempting to influence the testimony of a witness
Conclusion of the Commission: In lieu of disciplinary action, voluntary resignation and forever disqualification from judicial service in the State of Texas
CJC Nos. 16-0626-CO & 16-0910-CO
25
26
14
Judge maintains a Facebook page that identifies capacity as a County Court-at-Law Judge.
Eight separate posts regarding twelve attorneys, in which she congratulated those attorneys on winning jury verdicts in her court and praised their results and professional backgrounds.
Conclusion by the commission:Public admonishment and additional education
Violation of Texas Code of Judicial Conduct, Canon 2B
CJC No. 20-0267
Judge maintains a personal Facebook page that identifies capacity as a County Judge.
Shared a “memes” and authored posts on his publicly viewable Facebook page.
A picture of retired Marine General James Mattis overlaid with a text that read,“Fired by Obama to please the Muslims, hired by Trump to exterminate them.”
Two posts critical towards Liberals:“The best part of Trump’s election has been that it has revealed once again how
hateful, intolerant, arrogant, and divisive liberals are, not to mention the fact that they have taken the word hypocrisy to new extremes…”
“Do the morons claiming Trump is another Hitler not know who Hitler was? I realize liberal have not been much blessed with brains, but surely they can figure out that Hitler was a SOCIALIST. It was the National Socialist Party. He was one of you. His goals were your goals. “
Conclusion of the Commission – Public Reprimand CJC No. 17-0381-CO
27
28
15
29
30
16
✓ Your purpose✓Respect is a two-way street ✓We preside, they utilize✓Don’t be a jerk✓Exhibit the behavior you command✓Be articulate ✓Social Media – “WOULD THIS GET ME RE-ELECTED?”✓Contempt responsibly
Judge Brad Cummings Justice of the Peace, Pct. No. Two
Hopkins County
Office Phone: 903-438-4038
31
32