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Last week I read Brian Rogers’ glowing article about Judge Joan Campbell & her retirement. Based on the article, for a moment I thought maybe I was reading about a different Judge Joan Campbell then the one that the Harris County Criminal Lawyers Association, (HCCLA) fought. In the end, just like the rest of us, she should be remembered honestly, warts and all.
I Remember her and she had a few warts.
On November 8, 2006, she was the first Harris County Judge that HCCLA filed a Judicial Misconduct Complaint against. I remember this because I was the President of HCCLA at the time. The Board of HCCLA voted to file the complaint after investigating the matter. As President, it was my duty to sign and file the Judicial Misconduct Complaint against Judge Campbell. The complaint was filed with the State Commission on Judicial Conduct. The case that gave rise to the Judicial Misconduct Complaint against Campbell was State of Texas v. Walker, Cause number 165585. The story fairly well defines Judge Joan Campbell.
Walker’s family had made a $10,000 bond and he had appeared in court as required. On April 20, 2006, Walker appeared before Judge Campbell in the 248th Criminal District Court. The Court reset his case until May 5, 2006. The reset form indicated “To Hire Atty”.
On Friday, May 5, 2006,Walker timely appeared in court as required. He had not yet hired an attorney. Judge Campbell called Walker to the bench. Upon learning that Walker had not yet hired a lawyer, Judge Joan Campbell sua sponte raised Walker’s $10,000 bond to $100,000 and had him taken into custody. Keep in mind,Walker had not violated a single condition of bond. To the contrary, Walker had complied with all bond conditions. Thus, there was no legal basis for Judge Campbell’s actions. There was no legal basis for Judge Campbell to revoke Walker’s bond, rob him of his liberty and lock him up.Walker spent the weekend in jail, even though there was no legal basis for him to be in custody.
On Monday, May 8, 2006, outstanding criminal defense lawyer Mr. Victor Blaine appeared in court on behalf ofWalker. Mr. Blaine had been retained byWalker’s family over the weekend. Mr. Blaine sought the reinstatement of Walker’s bond and Mr. Walker’s immediate release from illegal custody. That however did not occur. After illegally incarcerating Walker, Judge Campbell had gone on vacation.Campbell could not be bothered while on vacation, and she had left the visiting judge no instructions. So Walker sat in jail for the next week, notwithstanding the fact, there was still no legal basis for him to be incarcerated.
On the following Monday, May 15, 2006, defense counsel Mr. Victor Blaine again returned to court seeking the release of Mr. Walker. By this time,Campbell was back from her vacation and had resumed her perch on the bench. On Monday, May 15, 2006, upon request by Victor Blaine, Campbell reinstated Walker’s $10,000 bond and released him from his illegal confinement.
Mr. Walker was illegally confined in the Harris County Jail from May 5, 2006, through May 15, 2006. He spent 10 days in jail as the direct result of Judge Campbell’s illegal revocation order. She revoked his bond because he had no lawyer. It is illegal for State judges to revoke a defendant’s bond for not hiring a lawyer. Yet that is precisely what Judge Campbell did. You might even say the proof was in the pudding. Between her illegal bond revocation on May 5th and her reinstatement of the bond on May 15th, only one thing had happened on the case.Walker had hired counsel, Mr. Victor Blaine. Judge Campbell reinstated the illegally revoked bond only after Walker had complied with Campbell’s illegally imposed bond condition.
About three months later,Walker got some good news. On August 25, 2006, as a result of the good work of the esteemed Victor Blaine,Walker’s case was dismissed. Thus, even though the charges were dismissed, and even thoughWalker was found guilty of no crime,Walker spent 10 days in the Harris County Jail.Walker spent 10 days in jail, not because he broke the law, but because Judge Campbell broke the law. That is why HCCLA filed it’s first ever Judicial Misconduct Complaint against Judge Joan Campbell. She broke the law and someone else went to jail for 10 days. S0 yes, I remember Judge Joan Campbell.
I remember that in 2006, word leaked about the impending Judicial Misconduct Complaint. I was in the 248th and Judge Campbell asked me to approach. The subject of the impending Complaint soon arose.Campbell did her best to persuade me that she had done nothing wrong. She offered no legitimate reason for revoking Walker’s bond. What she apparently did not realize was that HCCLA had already investigated the matter, had already interviewed the parties, taken statements and obtained certified copies of the Court records. The court records alone confirmed the ugly sequence of events.
And then there was the ham-handed attempt to bully me out of filing the Judicial Misconduct Complaint against Campbell. Some of my HCCLA colleagues will recall this story, as I related it to them shortly after it happened. I was having an innocuous back hall conversation with Judge George Godwin, the former presiding judge of the 174th Criminal District Court. I always liked George Godwin. We were having a friendly chat when Judge Godwin, suddenly brought up the topic of judges sticking together. In the middle of a friendly conversation, without any segue, Judge Godwin said to me, that any attack by the defense bar on his brethren or “sistren” of the judiciary, would be viewed as an attack on all of them. As there was no segue, I was admittedly caught of guard by Judge Godwin’s comment. The conversation came to a screeching halt and I left. Initially, I remember being humored by the use of the word sistren. Frankly I thought that it wasn’t even a word and George Godwin had just made it up. But that was not the case. It was the right word. I looked it up and found that it is an obsolete noun for sisters. After hearing Godwin’s “Judicial Nato Speech”, I thought, if the judges think that I will be bullied out of filling a legitimate Judicial Misconduct Complaint, they do not know me and they do not know HCCLA. If anything, Godwin’s comments confirmed my deeply felt belief, that as lawyers we must be willing to stand up to judge’s who engage in unethical or illegal actions. So, as was my duty as then President of HCCLA, I filed the Judicial Misconduct Complaint against Campbell.
After I filed the complaint against Campbell, not a lot changed in the 248th. In 2007, Campbell denied an Army veteran a court appointed lawyer even though he was indigent. In 2007, she allowed another visiting judge to threaten to incarcerate this same veteran for not hiring a lawyer, notwithstanding the veteran’s indigence. That same year Campbell allowed a visiting judge to jail another woman for not hiring a lawyer. That woman was only released when the Honorable Belinda Hill intervened.
In 2007, a group of defense lawyers went to meet with Campbell, about the illegal bond revocations in her court. This group of defense lawyers included then HCCLA President Pat McCann, Katherine Kase of Texas Defender Services, former District Court Judge Jay Burnett, then Defender Editor Shawna Reagin, Texas Criminal Defense Lawyers Association Director Stan Schneider, former HCCLA board member Sean Buckley and myself. Campbell declined to speak with us, and refused to allow us to approach the bench. She referred to all of us, including our duly elected HCCLA President as “a group of cheerleaders” and “junior high”.
Last year, in 2012, under the leadership of President Earl Musick, HCCLA filed its fifth Judicial Misconduct complaint.( Thank you George Godwin for the motivational speech!!). This Complaint was filed against visiting Judge Robert Jones. On a Friday, Judge Jones illegally revoked a woman’s bond after she advised him her lawyer was out of town. Jones was visiting and sitting on Judge Herb Ritchie’s bench. To Judge Ritchie’s credit, when Judge Ritchie returned to the bench on Monday and learned of Judge Jones’ illegal bond revocation, Judge Ritchie immediately reinstated the woman’s illegally revoked bond.
President Earl Musick & I personally visited with Judge Ritchie, Judge Belinda Hill, Judge Underwood, and other judges about Judge Jones’ illegal bond revocation and HCCLA’s Judicial Misconduct Complaint against Jones. Some judges indicated to Earl and me that they would not allow Robert Jones to sit as a visiting judge in their court. They did not want to be party to his illegal actions. These judges, demonstrated that there are plenty of good judges around. What did Judge Joan Campbell do even after the Judicial Misconduct Complaint was filed against Robert Jones? Judge Campbell continued to invite Judge Jones to sit on her bench. While other judges refused to allow him to sit, Judge Campbell extended a warm embrace to Judge Robert Jones, another abusive judge. Even after the complaint was filed against Jones, as might be expected, HCCLA continued to receive complaints about Jones illegally revoking bonds while sitting on Campbell’s bench. Last year, I personally interviewed a young lawyer who witnessed yet another illegal bond revocation, by Jones in the 248th. HCCLA’s Complaint against Jones was supplemented by a statement from this young lawyer.
For at least seven years Campbell or her designees illegally revoked defendant’s bonds. There is no way for anyone to calculate how many bonds were illegally revoked. The practice seems to have gone on unabbated.
People are certainly entitled to their opinions. And reasonable minds can always differ. So some may choose to remember Judge Joan Campbell as some great jurist. Loyalty to a friend is certainly an admirable quality. But I submit, facts trump opinion when it comes to understanding reality. In this world there is something called reality and it is not subjective. It’s based on cold fact. If you don’t believe me, ask anyone whose ever been shot at. Ask anyone who has ever fallen into a crevasse at night on a glaciated mountain. Ask anyone who has every been illegally confined for 10 days in the dank Harris County Jail because a Judge cared not to follow the law. Reality is not a matter of opinion.
Facts define reality. As John Adams said facts are stubborn things. The undisputed Facts are that Campbell abused her office, abused indigents who came before her and allowed others to do the same. That is why HCCLA filed a complaint against her. The complaint was based on fact, not opinion.
Others may choose to remember Judge Campbell as a fair jurist. That is their right.
As for me, I will remember:
The defendants she abused,
The insults she hurled,
The disrespect she showed HCCLA & the Defense Bar,
And the liberty she stole and she allowed to be stolen under her watch.
Damn Judge Campbell for her abuses and damn all judges who abuse the poor & the powerless.
Robb Fickman, Houston
The client believed to be facing potential Wire Fraud Charges related to SBA PPP loan applications. Investigation of applications for PPP loans and PPP forgiveness demonstrated that the Client had at all times acted in a lawful manner. Investigation demonstrated no fraud was committed by the client. Case closed.
Client was charged by Federal Indictment with making a social media post that threatened Malicious Damage and Destruction of a Building by Means of Fire and Explosives in violation of Federal law. The Defense showed that Client was a law-abiding citizen. The Defense further showed that the alleged threat was not made with any criminal intent.
The client, a public official with a long history of public service, was accused by a former girlfriend of engaging in non-consensual sexual relations. The Defense investigation and analysis showed through a detailed timeline that the allegation made absolutely no sense. Phone records, including calls and texts, were relied on to help establish an accurate timeline. The Defense met with law enforcement and reviewed a detailed package that exonerated the accused.
Client, a Houston area professional who frequently travels for work, was accused by his wife of assaulting her in his family home. Defense showed that wife’s story lacked credibility and there was no physical evidence in support of the wife’s allegation.
The client, a young Black male, was driving his car when police pulled him over for no apparent reason. It looked to be a profile stop. The client was accused of possessing a controlled substance in his vehicle. The Defense showed that there was no lawful basis for the police to stop the Client’s car. The Defense also showed that there was no lawful basis for the search of the Client’s car. It was a bad search, so the seized evidence was not admissible.
Client charged in Federal Indictment In “Operation Wrecking Ball” with 55 named co-defendants. Client faced seven charges. Client was charged with Conspiracy to Distribute Cocaine and Conspiracy to Engage in Money Laundering. Client was also charged with four counts of Distribution of Cocaine and one count of Money laundering.
Allegations involved client’s alleged use of his home to distribute cocaine. Government’s lengthy investigation involved numerous wiretaps, surveillance, video, pole cams, search warrants, vehicle stops and use of cooperating co-defendants.
Client went to trial with four remaining defendants. After a two-week trial, Judge granted Motion for Acquittal on four of the seven charges. Jury found Client Not Guilty of remaining three charges.
Client charged in Federal Court with two counts of Wire Fraud related to Five SBA EIDL loan applications. The Government alleged the client, a Houston professional, defrauded the Small Business Administration out of over $150,000. The Government also found the intended loss was over half a million dollars. The Client faced up to 20 years in prison on each count. The Defense investigated the case and negotiated a deal that included the Government not opposing a probation. The Federal Guideline calculation was for a prison sentence and the Probation Department recommended a prison sentence. Attorney Fickman submitted a 90 page Defense Sentencing Memorandum asking for Probation.
Client was retired professional. Client was accused of being involved in a road rage incident in 1960 Area. Defense put together a 100 page memorandum that demonstrated complainant was actual aggressor.
Client was accused of touching child. Case involved thousands of pages of psychiatric and Child Protective Services records as well as investigations by multiple police departments. After three- year fight, case dismissed.
Client accused of shoving and knocking down family member causing injury. After investigation, charges were dismissed.
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