Wednesday, September 25, 2019

From the Austin American Statesman: State ethics agency rebukes Travis County judge

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A state ethics agency has rebuked a Travis County judge who closed his courtroom last year to protest the U.S. Senate confirmation of Brett Kavanaugh, President Donald Trump’s nominee to the U.S. Supreme Court.

County Court-at-Law Judge John Lipscombe’s actions, which included draping black fabric over his courtroom doors, “cast public discredit on the judiciary” and was inconsistent with the proper performance of his duties, the State Commission on Judicial Conduct concluded.

“Judge Lipscombe’s decision to publicly protest Justice Kavanaugh’s confirmation in this manner was influenced by partisan interests” in violation of the state’s ethics code for judges, according to a public admonition that was signed Aug. 8 and made public Thursday.

The agency, which investigates complaints against judges at all levels, said news stories about the one-day closing of Court-at-Law No. 3 resulted in five complaints.

A message left Thursday afternoon at Lipscombe’s court was not returned.

According to the public admonition, the agency’s lowest level of rebuke behind a reprimand and a warning, Lipscombe said he became concerned after watching the contentious confirmation process for Kavanaugh.

“I became more and more disgusted and concerned for the future of the Supreme Court ... not because he comes from a political party different from mine, but because of his character and conduct,” Lipscombe told the Commission on Judicial Conduct, according to the admonition.

Lipscombe, a Democratic judge since 2011, said he believed Kavanaugh’s conduct during his confirmation hearing, when he angrily sparred with Democrats on the Senate Judiciary Committee, besmirched the Supreme Court’s reputation.

“I had a personal obligation to show my disapproval and demonstrate my utmost respect for the judiciary,” Lipscombe said, according to the commission.

On Oct. 8, 2018, two days after Kavanaugh was confirmed, Lipscombe said he closed his court, which had 107 matters on its docket with 69 defendants scheduled to appear, and contacted the president of the Austin Criminal Defense Lawyers Association to ask for word of the closing to be spread among attorneys.