Notes

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Justice Yvonne Rodriguez stated in the court's ruling that the Post obtained, "While the trial court is understandable in its frustration with an obstreperous accused, the judge's disproportionate reaction isn't." "We are not convinced that trial judges can use stun belts to ensure decorum. A stun belt is intended to protect the body; it is not meant to function as an operant conditioning collar that punishes defendants until they obey the judge's instructions. The Court is not able to sit in silence when a judge transforms the courtroom into an Skinner Box, electrocuting a defendant until he presents the judge with a behavior that he likes."



In a judicial conduct decision journalist Keri Blakinger tweeted on Sunday the conduct commission ruled that Gallagher "should be warned publicly for engaging in actions that cast a negative image on the judiciary and the administration of justice" in violation of the Texas Constitution "when he ordered the activation of Mr. Morris' stun cuff that resulted in injury to Mr. Morris and his absence from the the guilt-innocence stage of his own criminal trial." The commission claims it took the action "in a continuing effort to safeguard the public and boost confidence in the judiciary system."



Five years after a Texas judge used electric shocks to keep a defendant quiet during his trial and caused him so much pain that he refused to go back to court, the state's judiciary commission has issued an official warning. pic.twitter.com/6ClwiGEi7D



In its findings of fact, the commission noted that Morris was detained at Gallagher's recommendation. This was because the bailiffs believed Morris posed a security threat due to his disruptive behavior during court appearances and while in prison. The commission determined that Gallagher had ordered Morris to undergo shocks during the trial, but not in the presence of the jury. Gallagher directed the shocking response to Morris "moving across the end of the counsel table and then into the well of the courtroom in a manner Judge Gallagher perceived to be an omen of security." The commission concluded that "the trial court's record is without any mention of an imminent security threat."
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Dallas Morning News writer Jacquielynn Floyd made clear in an op-ed that Morris was not a blameless person. "Being a judge in a trial is probably a more pleasant work were it not for defendants like Terry Lee Morris-obnoxious, disruptive, bent on turning the courtroom into a reality TV free-for-all with himself as the star," Floyd wrote. "This man like the saying goes has test the endurance and patience of a saint." Even Morris' attorney, Bill Ray, told Texas Lawyer he didn't object to the court using stun belts because his client was acting "like an armed cannon that was ready to go off."



The problem with constitutional rights is that they're not granted without being a decent person. "The trouble is, now Morris who was previously a pedophile sentenced to 60 years for sexting his ex-girlfriend's 15-year-old daughter gets a get-out-of-jail-card and a fresh trial," Floyd wrote.


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