On Monday, May 12, 2025, the Texas Special Court of Review vacated a public reprimand issued by the Texas State Commission on Judicial Conduct against former Harris County Judge Franklin Bynum. The per curiam opinion cleared Bynum of charges related to alleged false statements made in 2022 and dismissed the charge without sanctions.

The case is entitled “In the Matter of Judge Franklin Bynum,” with case number SCR 24-0003.

The case arose from a public reprimand issued by the Commission on October 9, 2024, targeting Bynum, who served as judge of Harris County Criminal Court at Law No. 8 from January 2019 to December 2022. The reprimand accused Bynum of making false claims in a June 6, 2022, response to the Commission’s request for his suspension in earlier cases, CJC Nos. 20-1415 and 21-0679. Bynum stated that Regional Presiding Judge Susan Brown told him she had spoken with Chief Justice Nathan Hecht, who was reportedly “furious” and wanted Bynum removed from the bench. The Commission deemed these statements willful conduct that discredited the judiciary, violating Article V, Section 1-a(6)A of the Texas Constitution.

The Special Court of Review conducted a de novo trial on March 3, 2025. Bynum and Judge Brown testified, and exhibits, including emails, sworn statements, and a Houston Chronicle article, were admitted without objection. The court assessed whether the Commission proved by a preponderance of evidence that Bynum’s statements were intentionally false and harmful to the judiciary’s reputation.

The issue began in June 2020, when Bynum emailed prosecutors, requiring at least one to appear in person for jail dockets during the COVID-19 pandemic. This prompted the Harris County District Attorney’s Office to file motions to recuse Bynum in numerous cases, citing violations of Supreme Court emergency orders. Judge Brown, responsible for ensuring compliance, advised Bynum to retract the requirement to avoid reporting him to the Supreme Court. Bynum later allowed remote appearances, and the motions were withdrawn.

In his 2022 response, Bynum claimed that on June 2, 2020, Brown informed him of a conversation with Hecht. Brown denied this, testifying she never discussed Bynum with Hecht or conveyed such remarks. Bynum upheld his account, supported by a June 2, 2020, text message to Sarah Wood, General Counsel for the Harris County Public Defender’s Office, referencing Hecht’s alleged threat to file a complaint. Wood’s sworn statement confirmed Bynum’s discussion of Brown’s supposed call.

Bynum acknowledged initial errors in recalling the conversation’s date, first citing June 3 or 4, 2020, before correcting it to June 2 after reviewing his text to Wood. He insisted the substance of his recollection was consistent and personally significant. The court reviewed a June 2, 2020, email from Bynum to Brown defending his in-person policy, indicating he felt pressured after their alleged discussion.

The Special Court found both Bynum and Brown equally credible, concluding that the Commission failed to provide sufficient evidence to prove Bynum intentionally or with gross indifference made false statements that damaged the judiciary. Consequently, the public reprimand was vacated, and the charge was dismissed without sanctions.

A copy of the original filing can be found here.