Dallas Attorneys Oppose Ex-Judge’s Bid for Felony Court Seat

A concerted effort is underway in Dallas County to prevent the return of former misdemeanor judge Etta J. Mullin to the bench. A group of seasoned defence attorneys have voiced strong opposition to her candidacy, citing a history of sanctions as evidence of unsuitability for the position.

Concerns Over Judicial Conduct

Mullin is running in the March 3 Democratic primary for the 195th District Court, a position currently held by Judge Hector Garza. No Republican candidate has filed to challenge the winner of the primary. The attorneys’ letter, sent to nearly 800 Dallas County Democratic precinct chairs, explicitly urges support for Garza, framing Mullin’s record as disqualifying for a court handling felony criminal cases.

Did You Know? Judge Mullin previously won election to two separate County Criminal Courts, first in 2010 and again in 2018, but lost reelection bids in 2014 and 2022.

The attorneys’ concerns stem from two public reprimands issued by the State Commission on Judicial Conduct. In 2015, the commission delivered a 29-page reprimand – the harshest sanction available – finding Mullin repeatedly failed to demonstrate the “dignity, patience and courtesy expected of a Texas judge.”

The 2015 reprimand detailed incidents including ordering a bailiff to handcuff an eight-months-pregnant prosecutor to a chair, unexplained absences from the bench, and unnecessary delays in case proceedings. Attorneys and defendants were allegedly forced to spend excessive amounts of time on matters that could have been resolved quickly.

Further Sanctions

In 2022, the commission issued a second public reprimand, citing instances where Mullin caused unreasonable delays, scheduled hearings with short notice, and revoked defendants’ bonds without justification. Attorney Bruce Anton, who helped organise the letter opposing Mullin, stated he “doesn’t want to see her on the bench ever again,” describing the prospect as “frightening.”

Expert Insight: The coordinated effort by a large group of attorneys to influence a judicial election underscores the high stakes involved in judicial appointments and the perceived importance of maintaining public trust in the fairness and impartiality of the courts.

The group supporting Garza includes former judges, prosecutors, and presidents of the Dallas Criminal defence Lawyers Association, representing a wide range of experience – from five to 56 years in the legal field. Toby Shook, a prominent criminal defence attorney and signatory of the letter, noted he doesn’t recall a similar unified effort by local attorneys in his 40-year career.

The Stonewall Democrats of Dallas, an organization representing the LGBTQ community, has also weighed in, urging voters not to support Mullin or another candidate, Kim Cooks, who is running for a different felony court.

What Might Happen Next

If the opposition to Mullin gains traction, it could significantly impact the outcome of the Democratic primary. A strong showing for Garza could prevent Mullin from advancing to the general election, as no Republican candidate is running for the seat. However, Mullin’s past electoral successes demonstrate her ability to garner support, and the primary remains competitive. It is also possible that the controversy could increase voter turnout, potentially benefiting either candidate.

Frequently Asked Questions

Who is Etta J. Mullin?

Etta J. Mullin is a former misdemeanor judge in Dallas County who is now running for the 195th District Court in the March 3 Democratic primary.

Why are attorneys opposing Mullin’s candidacy?

Attorneys are opposing her candidacy due to her history of sanctions from the State Commission on Judicial Conduct, which they believe demonstrate she is unfit to serve as a felony court judge.

Who is running against Mullin?

Incumbent Judge Hector Garza is running against Etta J. Mullin for the 195th District Court. No Republicans filed for the seat.

As Dallas County voters prepare to head to the polls, how will these concerns about judicial conduct influence their decisions in the upcoming primary election?