On Friday, August 30, 2024, the Houston Chronicle reported that the Texas Supreme Court had dismissed proceedings against former Harris County misdemeanor judge Franklin Bynum related to complaints of bias and judicial misconduct. While the State Commission on Judicial Conduct had pushed for Bynum’s suspension from the bench and initiated rare formal proceedings, it ultimately withdrew that request and issued a public sanction against the ex-judge instead.

The Commission had considered several charges against Bynum through late 2022 regarding claims that he showed partiality toward defendants, demonstrated leniency in sentencing, and expressed anti-police views by posing in a “Defund the Police” t-shirt. This led the Commission to seek Bynum’s suspension through the Supreme Court. However, by August 2022, the proceedings had seen little activity for around two years, so the Commission withdrew its suspension request.

Though dismissal of the proceedings was sought, the Commission maintained that the original charges against Bynum would not be dropped. Just hours after the Supreme Court ruled the case moot, the Commission publicly sanctioned Bynum for his conduct, finding that he had acted with bias as alleged. Bynum unsuccessfully ran for reelection in March 2022 and has since left the bench and returned to private legal practice.

The saga between Bynum and the Harris County District Attorney’s office started when Bynum supported historic changes to the county’s cash bail system, which DA Kim Ogg opposed. As a self-proclaimed Democratic socialist judge, Bynum was outspoken in his criticism of Ogg’s position. In response, Ogg’s office made multiple complaints against Bynum to the Commission starting in 2020, claiming he showed favoritism to public defenders and ignored judicial guidelines.

Bynum rejected the sanction, maintaining the complaints stemmed from political motivations. He plans to appeal, which will involve a review by a three-judge appellate panel. Though leaving the bench, Bynum referred to the sanction as a “badge of honor.” First Assistant DA David Mitcham, who filed several complaints, said the sanction demonstrated Bynum was “unfit” as a judge.

 

 

Source: Houston Chronicle