Has she no shame?

It takes a certain kind of person to want to be an elected official. It's not everyone who can beg and grovel for money and signatures on a daily basis. Most of us have a hard time looking someone in the eye and lying to their face - and then denying you lied when called on it.

More than that, a politician has to be absolutely shameless. It was brilliant how Mitt Romney slammed President Obama's health care plan after he had put (essentially) the same plan into work in Massachusetts. Listening to him explain how his was good and Obama's was bad just made your head spin.

Now we can welcome disgraced former state district judge Elizabeth Coker to the ranks of those who truly have no shame, no conscience and no ethics.

Fresh off resigning from the bench after being called out for sending an e-mail to a prosecutor listing some questions she might want to ask on cross-examination, Ms. Coker has entered the Republican primary for Polk County District Attorney against the incumbent, William Lee Hon.

What a delightful irony these two are running against each other as it was one of Mr. Hon's investigators who exposed Ms. Coker's unethical behavior and one of Mr. Hon's prosecutors who was the beneficiary of said e-mail.

As I've said before, it wasn't the first time Ms. Coker acted unethically. It was just the first time she got caught doing it. And, I guarantee you it wasn't the first time that one of Mr. Hon's prosecutors was on the receiving end of one of her e-mails. It's always intrigued me that it was one of the DA's investigators who blew the whistle on the whole operation.

Ms. Coker's decision to run against Mr. Hon is obviously Act II of the drama. Why Mr. Hon made the call to rat out the judge will make for an interesting back story in the campaign. Kaycee Jones, the prosecutor who received the messages, now sits on the bench of the 414th District Court and is facing a hearing before the State Bar's disciplinary committee for her role in the scandal.

Mr. Hon deserves as much damning as Ms. Coker for the incident since we should all realize that this had been going on for some time and that Mr. Hon was well aware of the practice.

Ms. Coker took a leave of absence from the bench in late October and her resignation became effective this past Friday. It's interesting that she had no compunction about continuing to accept a paycheck for work she wasn't doing because she couldn't follow the rules for being a judge. And what better qualifications could you want in a district attorney?

Ms. Coker doesn't think there's a problem with serving as a DA since the order from the State Commission on Judicial Conduct just states that she can't serve as a judge. However, local attorney Laura Prigmore wonders if that is the case since prosecutors are listed under the judicial branch in the State Constitution (in Article 5, Section 21) - which might explain why so many judges think they are prosecutors.

Judge resigns after texting controversy

Back in March I wrote about a disturbing incident involving State District Judge Elizabeth Coker in Polk County (see "Text parte communications"). For those of y'all not familiar with the story, Judge Coker allegedly sent a text message to a prosecutor in the middle of trial suggesting questions she might want to ask.

The allegations came from an investigator for the Polk County District Attorney's Office and also included the fact that the DA, William Lee Hon, not only saw the message but authorized it to be passed along to the prosecutor trying the case.

I called for Judge Coker to step down from the bench as a result of her conduct.

And, yesterday, she did. As part of an agreement with the State Commission on Judicial Conduct, Elizabeth Coker will step down from the bench for the 258th Judicial District Court as of December 6, 2013. She will take a leave of absence immediately, however.

"My dad and grandfather taught me that judges have to be accountable for their actions and conduct. Resigning the bench as well as taking a voluntary leave of absence is the best way for me to take responsibility for this situation in a way that honors the office and serves the best interests of Polk, San Jacinto and Trinity counties. It has been a painful decision, but I believe it is the right decision.

"I want to express my sincere regret to the people of Polk, San Jacinto and Trinity counties. The integrity and impartiality of our courts have always been my highest priority, and I am deeply sorry that my actions created a circumstance where that could be questioned.

"The Judicial Commission takes the rules surrounding judicial interaction with parties in a lawsuit very seriously, and I will always regret the lapses in judgment that helped create this situation, especially knowing that my conduct as a judge is subject to a higher standard.

"It has been an honor of a lifetime serving as judge, and I will always be grateful the people of this district gave me such an amazing opportunity, and I am very sorry for the difficulty this has caused for everyone.

"My family has deep roots in Polk County, and now I am raising my girls in the same community that gave me my start. We will be starting a new chapter here for our family, and as always I ask for your support and prayers. The kindness, friendship, and love of so many people in these three counties have always sustained us, and I will always be grateful for that." -- Elizabeth Coker

According to news reports there were additional allegations that Ms. Coker had improper ex parte communications with other prosecutors and defense attorneys. There were also allegations that she spoke with jurors during the course of trial.

Ms. Coker's actions disgraced both herself and the bench. Her fall from power was (relatively) swift and hard. However, I'm not so certain that this agreement is in the best interest of the State of Texas. I do believe that the public has a right to know the extent and level of Ms. Coker's misconduct on the bench. This case raises serious questions about due process and whether or not criminal defendants received fair trials in her court. The allegations also raise questions about plea negotiations - how many defendants pled guilty to charges because they didn't think they would get a fair trial in front of Ms. Coker?

A bigger question still is whether the punishment fit the crime? With such ethical lapses in a position of authority, should Ms. Coker even be allowed to keep her bar card?

And what about Mr. Hon? As I pointed out back in March, he knew the communication was improper, yet he allowed the information to be passed on to the trial prosecutor anyway. He had a duty to act ethically and he failed to do so. He shouldn't escape from this mess without as much as a slap on the wrist. And, let's be honest, the incident that served to bring Ms. Coker down wasn't the first time it had happened - and it (more than likely) wasn't the first time that Mr. Hon was aware of the improper communications. Still, he sat quiet and did nothing to stop it.

And, what about Judge Kaycee Jones? She was the prosecutor who received the message (again, probably not the first time) and now she sits on the bench for the 414th Judicial District Court. She knew the rules when she was a prosecutor. She knew the communication was improper and she, too, failed to do anything about it. In fact, she benefited from the communication.

Maybe she and Mr. Hon can teach an ethics class together.

Text parte communications

There seem to be some shenanigans a-brewing up in the Piney Woods these days. According to a report by KPRC-TV in Houston, State District Judge Elizabeth Coker has been sending text messages to prosecutors suggesting questions to ask during trial.

The most recent allegations were made by David C. Wells, an investigator with the Polk County District Attorney's Office. According to Mr. Wells, he and the DA, William Lee Hon, were sitting next to each other in the audience sharing notes about the trial. Then ADA Kaycee Jones asked to borrow Mr. Wells' notepad to write down a message she had received from Judge Coker. Mr. Wells then handed the note to Mr. Hon who shrugged and told him to hand it to the ADA trying the case, Beverly Armstrong.

If the allegations are true, and the fact they were made by an investigator employed by the DA's Office puts some weight behind them, the implications are staggering.

I have written over and over again that judges are supposed to be neutral and detached arbiters. The judge's only duties are to see that the rules are observed and that the defendant gets a fair trial. The judge isn't supposed to be part of anyone's "team."

In sending text messages to prosecutors suggesting questions they might want to ask, Judge Coker crossed the line. If that is what happened, Judge Coker does not deserve to sit on the bench. But she wouldn't be the only one.

On the eighth floor of the Harris County Criminal (In)justice Center sits County Criminal Court at Law No. 2. William Harmon is the presiding judge of that court. This is the same William Harmon who keeps a plaque awarded by MADD in the courtroom. This is the same William Harmon who walks into the courtroom with a sign informing the public that the average person arrested for DWI has driven drunk 87 times before being caught.

This is the same William Harmon who instructs the prosecutors in his court on how to get evidence admitted and what tactics to use on cross-examination during breaks in the trial. I've seen him do it when I assisted a friend trying a DWI case in court some time ago.

Up on the 11th floor in County Criminal Court at Law No. 13, I was observed as Judge Don Smyth called a woman charged with theft up to the bench. She had not yet hired an attorney. The judge berated her and sent her back to have a seat. Then he called up one of the prosecutors and asked him why the defendant hadn't been charged with felony theft due to her prior convictions.

That wasn't his job. His job was to be a neutral and impartial arbiter in the case before the court - not to advise the DA's Office on how to charge defendants.

It doesn't take a genius to see how it happens. When a judge interacts with the same team of three prosecutors day after day for weeks or months, everyone gets a bit chummy. They start to see their interests aligning and the next thing you know, the judge is offering advice on how to proceed on a given matter to a prosecutor.

Having said all that, the goings-on in Polk County involve more that just a judge allegedly acting unethically. If Mr. Wells is being truthful and Mr. Hon did motion for him to pass the note onto the prosecutor trying the case, Mr. Hon has some explaining to do. He knows the law. He knows that ex parte communications between a judge and a party to litigation without the attorney for the other side present is wrong. He knew it was wrong but he motioned for Mr. Wells to pass the note on anyway.

And what about Mr. Armstrong's comment that Ms. Jones was handing her notes constantly that she claimed she had received from Judge Coker? Just how long had this little arrangement being going on? For how long were defendants in the 258th Judicial District Court going up against two sets of prosecutors?