Dallas attorney James Lee Bright faced a dilemma: he had to appear in court but he recovering from knee surgery with a large leg brace and an ice machine attached to his leg to stop swelling. He could not fit his pants over the hardware so he wore a shirt, tie, jacket, and shorts. That did not go over well with Judge Etta Mullin (left) who refused to hear his motion to dismiss a weapons charge for a client because he was wearing shorts. It was a rather unsympathetic and inflexible decision but it was not the first for this particular judge. However, it is the mounting criticism of Mullin that raises the question of why the Democratic party has pushed for her reelection and why the state bar has not investigated allegations of injudicious conduct.
The decision to bar Bright was clearly abusive in light of his obvious medical excuse. What is curious is that women are allowed to appear without ties or jacket and wearing skirts. Yet, a male attorney who has to appear in a leg brace and shorts is tossed out of court.
Bright is now seeking to have Mullin removed. The rigidity and lack of sympathy shown by Mullin is something of a signature for the judge. Indeed, so is the motion seeking to avoid her as a judge in this court. Lawyers complain that Mullen is often rude and arbitrary with both clients and attorneys. Many now avoid her courtroom and the horror stories have previously appeared in local stories.
According to news reports, Mullin has been given the lowest ratings by lawyers — ratings that are often quite generous to judges. In a 2012 poll by the Dallas Criminal Bar Association, 89 percent of attorneys ranked Mullin’s overall performance in the “needs improvement” category, the lowest category.
In the case of Amber Buford, the defendant agreed to plead guilty to a prostitution charge. It is a routine case that ended up in from of Mullin. Since Buford was indigent, she was given appointed counsel. However, before accepting the plea, Mullin insisted that Buford, the indigent, pay the $267 bill for court costs in one lump sum. Her lawyer explained that she was obviously indigent and did not have the money. Mullin refused to accept the plea bargain and set the case for a full jury trial that neither the prosecutors nor the defense wanted. She forced both sides to go through the preparation for an expensive trial before finally accepting the plea on the day of jury selection.
Mullin routinely demands cash for defendants on the spot — a highly uncommon practice since few come to court with wads of cash on hand. This was the case of the client of DWI attorney Lee Bright when Mullin suddenly demanded $1,000 cash for a bond. He suggested the common use of a surety bond for the amount but she refused. She allegedly threatened to send the client back to jail unless he paid the cash or Bright paid the money out of his own pocket.
In another case, she is accused of refusing to allow a defendant to explain that she could not have messing around with a an interlock device on a car (she was out of town at the time of the alleged misconduct). He says that Mullin was ticked that he had disagreed with her on an earlier case and took it out on his next case.
Attorneys complain that she makes them wait hours in her courtroom and sometimes simply walks out without explanation or notice. She is also accused of attacking lawyers or demeaning them. It is rare for lawyers to publicly criticize a judge. After all, there is a fear of a backlash from the judge or her colleagues. However, lawyers have been lining up to publicly denounce Mullin. John Gioffredi, a DWI attorney told the press that Mullin is “the most inefficient and inconsiderate judge” that he has encountered in his career. It has gotten to the point that lawyers routinely seek transfers out of her court and some actually charge clients more if they have to deal with Mullin.
On lawyer, John Corn sent Mullin a letter reflecting this dissatisfaction after he said Mullin accused attorneys standing in line of laughing at her. Corn wrote:
“No one — certainly not a single lawyer who stood in line with me on that day — was laughing at you. To the contrary, we were amusing ourselves during what felt like an interminable wait. . . .You frequently demean and belittle lawyers — most egregiously, in front of clients and others. Tearing up pass slips and telling lawyers to go to the end of the line, for instance. You demand that lawyers approach the bench and concert with you on every single setting in a case, and this often takes an inordinate amount of time … and, in this depression, when clients have little money, you don’t allow enough time for lawyers to collect their fee before final disposition.”
What is astonishing is that despite the disclosure of these allegations and controversies, the Democratic leaders publicly supported her. However she only received 36.4% of the vote Trey Bunch and Lisa Green. Mullin will face Green in a primary runoff election on May 27, 2014. In 2010, she barely defeated Alexander Fitzenhagen in the general election with 51.34% of the vote.
Mullen previously worked in juvenile and family services as well as a probation worker. She earned her undergraduate degree from Texas Woman’s University in Denton and her law degree from Thurgood Marshall School of Law at Texas Southern University in Houston.
We need street judges. You don’t go to them. They go to you….
Casual dress is not an issue. Enter Judge Dredd.
So George W. is/was dyslexic now?? Really?
rafflaw – really.
Authoritarianism is rampant in America, at every level. It is unjust, unfair, cruel, arbitrary, and abusive. Obviously lawyers need to be trained to know and practice the difference between correct conduct suitable to the bar and the bench and authoritarian abuse. Both should receive yearly mandatory training and even that won’t solve the problem with some. The appointing authorities should do their job and discipline miscreants.
Paul, I looked up W Bush statement when he was running and he personally denied the reports. In FACT I went to the DoD physical standards and they list dyslexia as not only disqualifying for flying, but can be used as a reason for discharge from the service itself. Thus Bush and his history show for a fact, that he is/was not dyslexic though many people think he is.
The fact that you parrot the GOP excuse for W Bush’s lack of action upon learning of 9/11 leads one to believe that you are a GOP fan beyond reason.
randyjet – when Bush got into the service I am not sure that dyslexia was recognized. FDR denied he was crippled, I am not sure given the constant attack on him, that if I were Bush I would cop to being dyslexic.
I had (she just died) a very good friend who became a nurse even though she was severely dyslexic. She learned everything by brute memorization. I see no problem in Bush doing the same. His college grades reflect that kind of problem while his standardized testing by the military showed a high IQ.
Regarding the 9/11 attack. When it first hit, there was not much anyone could do or much the President could have done. I do not remember a ground-swell from the Democratic or Republican side of the aisle to do anything after the first plane hit. It was only after the 2nd plane hit that we knew the first was not an accident. Even then they did not evacuate the Pentagon or the White House which were both targets. The Pentagon is the only one that got hit, thanks to phone calls to and from passengers on the 4th plane who were brave enough to try to stop it.
randyjet, you can bait me all you want, but it will not work. But if you like you can list the actions taken by top Congressional Democrats immediately after the first plane hit. Love to review them.
paul, you never cease to amaze me with your GOP bias and accept virtually all the lies, and fabrications for everything to excuse them. First off FDR NEVER denied being afflicted with polio, and since you are so deficient in history, I will remind you, he was titular head of the March of Dimes to combat polio. That is NOT a secret at all. The only thing that was not publicized is the indignity of being carried in and out of vehicles and by consensus of the press no photos were taken of those procedures. FDR also referred to his disability in one State of the Union address too. The only people who would claim that he kept it a secret are brain dead FDR haters in the GOP. I know all about those folks since I got a full dose of that crap growing up since my family was rabid FDR haters. I found out later in life that I was lied to constantly in those matters.
As far as I know members of Congress were NOT in the chain of command for the use of USAF aircraft. Maybe under Bush he decided to delegate that to Cheney as well. In the event, it seems Cheney decided he was CIC and told folks HE was the boss for the use of military aircraft to possibly shoot down an airliner. I doubt Bush had anything to do with that, but it seems we did not need him anyway. Of course, most Presidents would WANT to know what was going on ASAP and what he could do and what the damage and threats were. Bush was not only clueless for almost a half hour, but never expressed a desire to find out. If he were a chief pilot or a captain at any airline, such behavior would get him TERMINATED. He should have been impeached for his lack of leadership and dereliction of duty.
Children who Shared FDR’s Secret Disability Gather To Remember Him
By Dave Reynolds, Inclusion Daily Express
April 13, 2001
WARM SPRINGS, GEORGIA–On April 12, 1945, President Franklin Delano Roosevelt died of a stroke while sitting for a portrait. The world knew that he died at a home he had built at Warm Springs, Georgia. What most of the world did not know, however, was that the president had spent a great deal of time visiting the resort because it’s pools of mineral-rich, 88-degree water helped sooth the effects polio had on his legs.
Yesterday, 164 people who knew of FDR’s secret disability gathered to remember him and the impact he had on their lives. When they were children, they had been brought to the Warm Springs resort for treatment and therapy because they too had had polio. Many of them saw their country’s leader wheeling around in his home-made wheelchair, and being lifted in and out of automobiles and pools by Secret Service agents.
“I think we understood him better than other people did, because we understood what he had to go through to get where he was,” said Charles Dickens of Atlanta, who came for therapy in the thermal pools at Warm Springs when he was a teenager in 1942.
Paul, all you have done is to show that there are other ignorant folks as well as you. It was NO secret, and I gave SPECIFIC cites of easily available FACTS that ALL people had access to at the time to show that there was NO secret. Too bad you cannot answer rational thought and facts.
A significant problem I see here is the mixture of the political party with those who serve on the bench. In my view it is a fundamental conflict of interest to have a judge campaign and consult with political operatives of a party concerning their position.
Judges take an oath to uphold the constitution and apply the law in unbiased and equal manner. By holding allegiance to a particular political party is by definition and too often in practice unethical.
In WA and perhaps other states all judges and justices are elected to non-partisan positions. I truly believe this is a much better affair than judges professing their alignment with political parties. But it is not a completely enlightened state of affairs here in that County Prosecutors can be elected by partisan candidates; something I disagree with for the same reasons.
http://lisagreenforjudge.com/ Mullin’s opponent
“Endorsements from southern Dallas’ Democratic heavyweights (i.e. Congresswoman Eddie Bernice Johnson, state Senator Royce West, County Commissioner John Wiley Price) and the natural advantages of an incumbent in a down-ballot race weren’t quite enough to propel Dallas County misdemeanor court judge Etta Mullin to reelection. She won just 36.4 percent of the vote in the March primary, good enough to get her into a runoff with challenger Lisa Green, who netted 44.3 percent.
Mullin, barring a surprise come-from-behind victory in May, will most likely become a victim of her amazing unpopularity among attorneys. As Amy pointed out on the eve of the election, Mullin is almost universally reviled by the lawyers who work in her court.” Dallas Observer Ms. Mullin was not endorsed by the Dallas County Democratic Party but by a few leaders in the minority community. Looks like she could very well lose the primary.
http://jobs.aol.com/articles/2014/04/16/bully-judge-kicks-lawyer-out-for-knee-brace-and-shorts/
“A courtroom is supposed to be the meeting point of justice and mercy. But a Dallas criminal attorney said that he and his client received neither from a judge who is highly unpopular with the local criminal bar association and called by some defense attorneys a “bully.””
Given her history and reputation, someone needs to take a close look and take any appropriate and permissable action. Bullies abound… and it’s time to clamp down.
There have been no racist comments. There have been non-PC comments where people have the temerity to point out the person is black and incompetent. Racism is when someone says they are incompetent BECAUSE they are black. Now, maybe some of the folks believe that. But, I was not aware we had any clairvoyants here. Carry on.
Kraaken – personally I think it was in his own best interest. If I was on the jury, I would have found against his client just because of the stud. Then again, was your buddy in Superior Court or Federal Court. I know the federal judges are stricter on their dress code.
“Any male attorney I know would have had his spouse, secretary, or other person close to him, run out to a discount store and purchase a cheap pair of dark trousers. He could cut off one leg to shorts length. Problem solved.”
In a nutshell. My response, as well, but you scooped me, Kraaken.
for bands it’s called LSD (lead singer disease)
OS I think that is how W Bush got elected since I called him our Ted Baxter President the way he could not speak or think his way out of a situation. His classic sitting in the kids class for 20 minutes after learning about 9/11 is classic. He had to have somebody tell him that he needs to DO something.
As for that MS judge, I doubt he would be so understanding about a kilt and the problem you run into that attire, is not only the length, but the tartan. He might have a feud with or hate your clan.
randyjet – two things – 1) Bush is dyslexic which is why he had trouble speaking, it is a common problem for dyslexics. I find it odd that the left takes pot-shots at the handicapped like this. 2) Bush’s explanation is reasonable under the circumstances. He did not want to alarm or panic the children so he left when it was more reasonable for him to do so.
I remember that the left was all in arms because they kept him in the air right after the planes hit rather than taking him back to the White House. That ended after it turned out that the White House was a target.
Paul, I see that you are a true believer to whom facts make no difference. This is the first I have heard that W is dyslexic and that problem refers to the ability to read not speak. It also raises the question as to how he could have been a pilot in the National Guard since I assumed that those pilots must meet USAF standards which require PERFECT health and NO flaws. You must have 20/20 vision or better with NO waivers for less. As I found out, you cannot be too tall, or too short or overweight at all.
I nor any other person expected W to RUN out of the classroom. I DID expect him to simply say that something important has come up and make a graceful exit saying goodbye to all. Most rational people would take that approach. Only a clueless fool would do as he did. I was also outraged that while I and ALL civil aircraft were grounded, Bin Laden’s family was allowed to have a private jet go all over the country picking up those Saudis, and shielding them from even FBI interviews. It would have been a great opportunity to recruit some as informers or at least get some possible intel about Bin Laden. I even personally met the head of the Bin Laden company group, and he was a great guy who would have been more than happy to co-operate with the FBI.
As for being airborne during the crisis, or on the ground at an Air Force command center, I know of no person who made such comments nor do I think that was wrong. Once again, you posit something called a straw man argument. I can understand why you are a GOP stalwart.
randyjet – people who are dyslexic have problems both reading and speaking. Having worked with enough dyslexics as a teacher, it is easy to identify the problem. For some reason dyslexic people are great drivers and would make great pilots, they seem to have a wider field of vision then people like myself who read a lot and have a narrow field of vision.
I am with you on the Saudis, they should not have been let out of the country. They should have been grounded. Because of their money, the Saudis are always going to be a double-edged sword. If you have not read The Looming Tower, read it. You will not like the Saudis any better.
I am a registered Independent and have been for over 30 years. I usually vote a split ticket. I even voted for Janet Napolitano for both AG and governor of Arizona. I did not vote for her 2nd term as governor, thought she was ineffectual and showed a lack of leadership.
You may not have heard the cries about Bush in the air, but there were liberal cries that he was a coward for staying in the air so long.
I have a friend who is an attorney here in Phoenix. He also has one pierced ear in which he wears a small stud. One of the Superior Court judges before whom he was appearing, on the second day of the trial, noticed the stud, apparently for the first time, lectured him about it in open court forced him to remove it, and to him he was never to appear in her Courtroom with an earring again or she would find him in contempt.
@Charlton S. Stanley, PhD, ABPP “This is for those who leave racist comments. I have news for you. Stupid judges don’t come in any particular color or gender. There have been several stories about such judges on this blog.”
I couldn’t agree more. I believe if someone were to undertake a study of deviant judges, the outcome would be that most of them are of the old fart, white male variety.
As far as James Lee Bright, I have a feeling that he was looking for a confrontation. (Not that he would have been wrong to do so with this particular out of control judge.)
If he had surgery and was wearing such an unwieldy device, I doubt that it was for the short term. Was he planning to wear shorts to every court date? Any male attorney I know would have had his spouse, secretary, or other person close to him, run out to a discount store and purchase a cheap pair of dark trousers. He could cut off one leg to shorts length. Problem solved. If you take a look at the picture in the article, he is also wearing dressy loafers without socks. Icky, just icky.
Having had knee surgery, but not to the point this gentleman has, I can say that I could not have either put on long pants or socks regardless of the size. And you are not required to send in the second team as some have suggested. Others in the office may have been booked solid. This judge seems to be her own worst enemy and this issue is not going to change it.
He has a claim under the ADA, she is “required” to make reasonable accommodations for him, which she clearly failed to do.
limey, This is one of the few times a Brit beats a dago!! Congrats.
Anyone who has worked in the justice system has many stories of, as mespo pens it, “black robe-it is.” All I have to say is My Cousin Vinnie better NEVER show up in this woman’s courtroom. The exchanges between Fred Gwynn and Pesci in that flick are classic.
The shorts law is ridiculous anyway. In places where the outside temperature is 110F it makes no sense at all for everyone to have to wear long pants. In My Cousin Vinnie, fledgeling lawyer Vinnie looked good no matter what he wore due to his excellent Italian sense of style! One can dress well or scruffily in shorts, jeans or even tuxedo.
Many will recall the old adage that the average person on the street is required to know all the law (ignorance of the law is no excuse),lawyers only need to know enough to get by on and judges don’t need to know any. Not exactly on point but close.
A lawyer with an ice machine attached to his leg. How convenient.
Sounds like fatal robe-itis.