Sunday, February 3, 2013

Court of Inquiry looking into past actions of Texas judge in wrongful conviction case

The Texas Tribune reports on an unusual - for Texas at least - case in Williamson County. A sitting judge will face a court of inquiry that will determine whether he should face trial for withholding evidence in a murder case he prosecuted as a district attorney two decades ago. The man convicted in the case has since been exonerated. There are allegations that the real suspect is the since dead Sheriff of Williamson County, but evidence suggests that the evidence was suppressed during the original trial, and that further evidence has not been provided since the investigation began sometime back.

The investigation coincides with efforts to pass legislation this session that would address similar actions in the future.
The court of inquiry could last up to two weeks, and it is unclear whether state district Judge Louis Sturns, who has been appointed to oversee the case, will issue findings at the conclusion of the hearings or later. If Sturns finds that Anderson committed a criminal violation, he could issue a warrant for his arrest.

The court of inquiry is not the only threat to Anderson’s career, though. The State Bar of Texas filed a civil lawsuit against him last year, alleging that Anderson withheld evidence and made a false statement to the court when he told Judge Lott he had no evidence that could be favorable to Morton’s claims of innocence. If he is found to have violated professional rules of conduct, Anderson could be disbarred.

As the court of inquiry action unfolds just 30 miles north of the state Capitol, lawmakers are also looking on. Morton is lobbying them to pass laws that ensure prosecutors are held accountable for mistakes that cost innocent people years of liberty.

“Not only is this a prosecutor being practically put on trial, but it’s a sitting judge,” said Jennifer Laurin, a professor at the UT-Austin School of Law. “This is a person of enormous stature in the criminal justice system who is being called to account.”
I don't have much on courts of inquiry, but here are a few links that explain the process. They are unique to Texas and are used when there is evidence of a wrongful conviction.

- Texplainer: What is a court of inquiry and when is it used?
- Texas Statues - Chapter 52.
- Grits for Breakfast weighs in.
- Previous coverage from the Huffington Post.