Judge Bob Hebert Responds To Bloggers

How amusing that my one little blog post started a huge s**t storm in Fort Bend. I simply asked if it was judicial misconduct for Judge Bob Hebert to endorse candidates (David Wallace first, and then Sekula-Gibbs). The View From 22 picked up on it with a couple of great posts. Apparently, the heat was too much for Hebert and he felt the need to respond publicly, as reported in Fort Bend Now.

Here's the gist of what is going on. I found out (through a tip from another blogger) that the State Code of Judicial Conduct prohibits judges from endorsing candidates. Sounds straightforward. The thing is that Hebert is a constitutional judge, not a statuatory judge which means he's the CEO of the county, and doesn't perform real judicial functions. Or, does he? On his own website, he proudly claims to perform judicial functions:

Judicial responsibilities include:

• Sets and receives bonds or sureties for certain county officials and other appointments by the Commissioner Court
• Refuses or issues an Alcoholic Beverage Permit
• Refuses or issues Court Ordered Delayed Birth Certificates and Death Certificates
• Handles numerous other judicial duties such as contested probate cases and emergency mental commitments; however, the majority of these responsibilities are administered by the four Statutory County Court at Law Judges

So, he hears contested probate cases? Well, if he is a probate judge, he clearly has to follow the Code of Judicial Conduct.

The plot thickens. Fort Bend Now did some investigating and found out that on June 1st, Hebert was granted his request to run a probate court in Fort Bend County. So, since then, this new court has been in set-up mode. He won't actually start hearing cases until early next year. But, let's be perfectly clear. Judge Hebert has been a probate judge since June 1. He will receive an extra $5500 in salary for taking on the probate judge duties.

Can someone find out if Hebert has already started receiving that salary?

Here's how Judge Hebert responded to the heat from bloggers:

He also said hearing the probate cases would represent the first judicial duties he’s performed. As such, he would have to begin operating under terms of the Texas Code of Judicial Conduct.

Among other things, Hebert would be prohibited from endorsing political candidates – something he’s done twice recently, in endorsing first David Wallace and then Shelley Sekula-Gibbs in the race for Congressional District 22.

In comments following a previous news article, FortBendNow readers recently raised questions over whether Hebert already is subject to the judicial code of conduct, contending he decided liquor license cases and performs other judicial duties.

Hebert said those duties are administrative, not judicial, and said the Texas attorney general has written an opinion in agreement with that position.

Mark, from The View From 22, is not buying it has filed a complaint with the State Commission on Judicial Conduct. Read it here.

Had Enough of this from your elected officials, Fort Bend voters? Get a sign and stick it in your yard!