Defending People

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Judge Hill and the Appearance of Impropriety [Updated]

[Judge Belinda] Hill con­firmed Tues­day that she will leave the bench in the new year to work as Anderson’s first assis­tant.” Hous­ton Chron­i­cle, 11 Decem­ber 2012.

Yet, I have learned, almost four weeks later Judge Hill is still on the bench, still hear­ing felony cases, still mak­ing calls that affect the lives of peo­ple being pros­e­cuted by the DA’s Office to which she is affianced.

Did she not think this would be a problem?

Judge Hill is said to have plans to remain on the bench until some­one else is appointed. From one per­spec­tive this might be seen as ded­i­ca­tion to the job she was elected to do. From another per­spec­tive it might be seen as grossly improper: she has already com­mit­ted to be tak­ing the DA’s pay­check, which would give any rea­son­able per­son rea­son to ques­tion her impartiality.

Per­haps Judge Hill could, with Spock­like detach­ment, keep call­ing the balls and strikes, but a judge’s duty includes the avoid­ance of even the appear­ance of impropriety. 

To avoid fur­ther appear­ance of impro­pri­ety, Judge Hill needs to step down now, but even now is too late. She should have stepped down as soon as she agreed to take a job with the DA’s Office. Judge Hill has failed, and in fail­ing has sul­lied her dis­tin­guished judi­cial career right at its very end.

This is—and I say this as some­one who likes and respects Judge Hill—truly a shame.

[See ADA’s com­ment, below. I hope ADA is right, and if he is I’ll be sorry for not hav­ing enough con­fi­dence in Judge Hill.]

[Judge Hill resigned effec­tive noon today. Her replace­ment will be announced at 1pm.]

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About The Author

Mark Bennett got his letter of marque from the Supreme Court of Texas in May 1995. He is famous for having no sense of humor when it comes to totalitarianism.

Comments

5 Responses to “Judge Hill and the Appearance of Impropriety [Updated]”

  1. ADA says:

    Mark,

    It is my under­stand­ing that she is not hear­ing cases and vis­it­ing Judges have been doing her “bench” work. Judge Hill has been wrap­ping up some admin­is­tra­tive Judge duties while she waits for the Gov­er­nor to make the appointment.

  2. Alex Bunin says:

    Judge Hill is the Admin­is­tra­tive Judge for the Crim­i­nal Dis­trict Courts. There are a num­ber of impor­tant issues for the judges to con­sider at their meet­ing next week, includ­ing choos­ing her suc­ces­sor as Admin­is­tra­tive Judge. These are mat­ters Judge Hill did not want leave unset­tled. In the mean­time, if you have a con­tested crim­i­nal mat­ter before her and you think recusal is proper I am sure she will take that seriously.

  3. ADA says:

    Brad Hart was appointed to the bench today. Con­grats Brad.

    Mark — maybe you jumped to con­clu­sions about Judge Hill?

  4. ADA says:

    As to the 248th. No time­line on that is known, but Judge Camp­bell is expected to step down very soon. There is not the rush to fill her bench (vs. the 230th) as she won’t be going to work for the DA’s office.

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