BEFORE THE STATE COMMISSION ON JUDICIAL CONDUCT
CJC No. 19-1137
PUBLIC ADMONITION AND ORDER OF ADDITIONAL EDUCATION HONORABLE DARRELL JORDAN HARRIS COUNTY CRIMINAL COURT AT LAW No.16 HOUSTON, HARRIS COUNTY, TEXAS
During its meeting on April 6-7, 2022, the State Commission on Judicial Conduct concluded a review of the allegations in this matter against the Honorable Darrell Jordan, judge of the Harris County Criminal Court at Law No. 16 in Houston, Harris County, Texas. Judge Jordan was advised by letter of the Commission's concerns and provided a written response. After considering the evidence before it, the Commission entered the following Findings and Conclusion: BACKGROUND
The Commission received a complaint from the Harris County District Attorney ' s Office ("HCDAO") alleging Judge Jordan "repeatedly indulged in intemperate conduct" towards assistant district attorneys appearing in his court ("ADAs") and exhibited bias against prosecutors and the HCDAO in the performance of his judicial duties. Among other things, the HCDAO alleged Judge Jordan summoned to his chambers ADAs with whom he was displeased, to lecture them about failing to pay him the proper deference and the contempt of court charges that could result from same, during which Judge Jordan referred to himself as the "king" of his court. In another proceeding, Judge Jordan allegedly threatened to jail an ADA for showing him "disrespect". In his sworn written responses to the Commission about this matter, Judge Jordan acknowledged the above-described incidents occurred, but denied exhibiting intemperate conduct or treating the ADAs with a lack of patience, dignity, and courtesy. Judge Jordan further denied the allegation he exhibited bias or prejudice with respect to the individual ADAs or the HCDAO in the performance of his judicial duties.
FINDINGS OFFACT
1.
At all times relevant hereto, the Honorable Darrell Jordan, was judge of Harris County Criminal Court at Law No. 16 in Houston, Harris County, Texas.
2.
On October 30, 2018, Judge Jordan summoned to his chambers several ADAs to communicate to them his displeasure with their failure to treat him with sufficient respect, and to lecture them about criminal contempt penalties that could arise from acts "disrespectful of the court."
3.
During the in-chambers meeting on October 30, 2018, Judge Jordan referred to himself as the "king" of his court and called the ADAs "hang'em high prosecutors."
4.
On at least one occasion, Judge Jordan threatened on the record to charge an ADA with whom he was displeased with contempt of court for failing to show him the proper respect. RELEVANT STANDARDS
1.
Canon 3B(4) of the Texas Code of Judicial Conduct states, in part: "A judge shall be patient, dignified and courteous to litigants, jurors, witnesses, lawyers and others with whom the judge deals in an official capacity."
2.
Canon 3B(5) provides that a judge shall perform judicial duties without bias or prejudice.
3.
Canon 38(6) states in relevant part, "A judge shall not, in the performance of judicial duties, by words or conduct, manifest bias or prejudice." CONCLUSION
Based on the record before it and the factual findings recited above, the Texas State Commission on Judicial Conduct has determined that the Honorable Darrell Jordan, Judge of County Criminal Court at Law No. 16 in Houston, Harris County, Texas, should be publicly admonished and ordered to receive additional education for� (i) failing to be patient, dignified and courteous towards prosecutors appearing before him in court, in violation of Canon 3B(4) of the Texas Code of Judicial Conduct; performing his judicial duties with bias against the HCDAO and its ADAs; and (ii) manifesting by word or conduct bias against the HCDAO and its ADAs in the performance of his judicial duties, in violation of Canons 38(5) and 38(6) of the Texas Code of Judicial Conduct. Pursuant to this Order, Judge Jordan must obtain 2 hours of instruction with a mentor, in addition to his required annual judicial education for Fiscal Year 2022. In particular, the Commission desires Judge Jordan receive this additional education in the areas of judicial temperament and demeanor and a judge's role as a public servant. Pursuant to the authority contained in §33 .036 of the Texas Government Code, the Commission authorizes the disclosure of certain information relating to this matter to the Texas Center for the Judiciary, to the extent necessary to enable that entity to assign the appropriate mentor for Judge Jordan. Judge Jordan shall complete the additional 2 hours of instruction recited above within 60 days from the date of written notification of the assignment of a mentor. Upon receiving such notice, it is Judge Jordan's responsibility to contact the assigned mentor and schedule the additional education. Upon the completion of the 2 hours of instruction described herein, Judge Jordan shall sign and return the Respondent Judge Survey indicating compliance with this Order. Failure to complete, or report
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the completion of, the required additional education in a timely manner may result in further Commission action.
The Commission has taken this action pursuant to the authority conferred it in Article V, §1-a of the Texas Constitution in a continuing effort to promote confidence in and high standards for the judiciary.
Issued this the
K
day of
/111:rt;
, 2022.
Davfcihenck Chairman, State Commission on Judicial Conduct
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