By John Council, From Texas Lawyer

The State Commission on Judicial Conduct disciplined a Texas district court judge for religious/cultural bias after she referred to a district attorney as a “New York Jew” and criticized another prosecutor’s beard because it made him look “like a Muslim.”

The public admonition of 106th District Court Judge Carter Tinsley Schildknecht, which was released on May 18, also concluded that she failed to treat lawyers and litigants with courtesy by holding a marathon court session that lasted until 4 a.m., and also violated Texas’ open courts doctrine by refusing to allow a prosecutor in her courtroom.

Schildknecht did not immediately return a call for comment.

According to the admonition, in July 2014, Schildknecht referred to District Attorney Michael Munk as a “New York Jew” during a private conversation with Munk’s secretary in the judge’s office.

She later met with Munk and a defense attorney to explain the comment during jury selection in a criminal case by saying: “When I tell people why you [Munk] are different and have different thoughts, I explain [it is] because you are from New York and because you are Jewish.”

In her written responses to the commission, Schildknecht admitted to making the statements about Munk but contended that they were not made with bias or prejudice.

“I may be too blunt, but I am not biased or prejudiced against New Yorkers or Jews.”

Munk did not immediately return a call for comment.

In September 2014, at the conclusion of a criminal docket in her courtroom, Schildknecht criticized an assistant district attorney’s beard, stating: “You look like a Muslim, and I wouldn’t hire you,” or words to that effect, according to the admonition. In her written response, Schildknecht could not recall whether she made the comment but said the situation was “faintly familiar.” She explained that she did not know “that there is a specific look of a Muslim.”

On July 2, 2014, Schildknecht began a marathon court session on probation revocation cases that began at 1 p.m. and lasted until 4 a.m. the next morning. During that time, the judge did not provide any formal breaks in which litigants, lawyers or witnesses could eat meals or use the restroom.

In her written response, Schildknecht acknowledged holding court during those hours but explained that the marathon session was necessary to prevent jail overcrowding. She also explained that in her opinion, there had been enough downtime during the proceedings that any person could have eaten or used the restroom.

The admonition also concluded that Schildknecht violated the open courts provision when she instructed her bailiff to refuse Munk’s entry into her courtroom on July 15, 2014. In her written response, Schildknecht acknowledged that she acted with haste but explained she did not see any reason for Munk to be in her courtroom after “the business of the court had concluded.”

The commission concluded in the admonition that Schildknecht demonstrated a lack of professional competence by expelling Munk from her courtroom and by failing to treat lawyers and litigants with courtesy by holding a marathon court session without allowing for breaks.

“The commission also concludes that Judge Schildknecht manifested a religious and/or cultural bias by describing District Attorney Munk as a ‘New York Jew’ and by criticizing a prosecutor’s beard because it made him look like a Muslim, according to the admonition.

The admonition requires Schildknecht to obtain four hours of instruction with a mentor concerning the open courts doctrine and recognizing and eliminating explicit and implicit bias and/or prejudice.

IMAGE: Judge Carter Tinsley Schildknecht

For more on this story go to: http://www.texaslawyer.com/id=1202726770590/Judge-Disciplined-for-New-York-Jew-Comment#ixzz3aayYwgB0