The Texas Commission on Judicial Conduct has publicly admonished Fort Bend County District Court Judge Stephen Rogers for exhibiting bias and prejudice against defense attorneys in a series of courtroom incidents. The commission’s findings revealed multiple violations of the Texas Code of Judicial Conduct and the state constitution.

The case is entitled “In the Matter of Judge Stephen Rogers,” with case numbers 23-0875 and 24-0138.

Judge Rogers, who oversees criminal felony cases, admitted to the commission that he had only two months of experience in criminal law prior to his appointment. This lack of experience became a central issue during the commission’s investigation, which was triggered by complaints regarding his conduct in July 2023.

The commission’s report details an incident where Judge Rogers scolded defense attorneys Annie Scott and Michael Elliott after they informed him that their client wished to appear for trial in jail clothing. In a display of frustration, Rogers insisted that this would not happen in his court and ordered the attorneys to procure appropriate civilian attire from a local Walmart. When the defense attorneys requested that their client be brought in to confirm her preference for jail clothes, the judge denied this request.

Tensions escalated when Judge Rogers concluded the hearing by striking his hand on the bench and exclaiming, “Don’t fuck with me in my court.” This outburst was captured on courtroom video and corroborated by Assistant District Attorney John Brewer, who was present during the proceedings.

In response to Rogers’ behavior, attorney Scott filed a motion for recusal. However, the judge did not refer the motion to the presiding judge as required. Instead, he denied the motion and reassigned the case to visiting Judge James Showmake. Consequently, Rogers remained responsible for signing the defense attorneys’ pay vouchers, raising further concerns about his impartiality.

Three weeks after Rogers denied the motion, the presiding judge signed an order denying the motion to recuse as moot due to the assignment. On September 25, 2023, defense counsel Elliott appeared in Rogers’ court for an unrelated matter but was approached by a bailiff and escorted out of the courtroom. He was informed that he was “banned” from returning. The court coordinator later indicated that one of Elliott’s cases would be reset and that he would be removed as counsel for another case.

Throughout the commission’s proceedings, Judge Rogers defended his actions by asserting that Texas law allowed him discretion to protect defendants’ rights. He maintained that allowing a defendant to appear in jail clothing during a jury trial could lead to legal errors or claims of ineffective assistance of counsel if the defendant were convicted. Moreover, he attributed his misunderstanding of the law to the defense attorneys, denying any aggressive tone during his outburst and suggesting that the courtroom sound system amplified his voice.

In his testimony, Rogers also stated that he did not demonstrate bias against either attorney, claiming that he perceived Elliott as someone who believed he was superior to others and questioning Scott’s credibility based on her request regarding jail clothing.

Despite the severity of the commission’s findings, Rogers indicated that he had not apologized to either attorney, expressing uncertainty about the rationale for an apology. His responses during the inquiry revealed a reliance on prosecutors and defense counsel for legal research, rather than conducting his own.

The Texas Commission on Judicial Conduct’s ruling ordered Judge Rogers to complete an additional four hours of judicial education during the fiscal year 2025, focusing on the legal rights of criminal defendants, the recusal process, and proper judicial demeanor.

This decision was issued on December 18, 2024, serving as a significant accountability measure for a judge whose conduct has faced scrutiny. The commission’s actions underscore the importance of professionalism and impartiality within the judicial system.

Judge Rogers is a 7th generation Texan with roots among the original settlers. A Houston native, he has lived in Fort Bend for over a decade. With more than 20 years of legal experience, he has served as Senior Counsel and General Counsel for multinational companies, practicing in local and federal courts for civil and criminal clients. He holds degrees from Regent University School of Law and Trinity Law School.

A copy of the original filing can be found here.