Vote For Me and I’ll Set You Free

The title to this post is a string of words never uttered in any judicial campaign anywhere ever.  Among the numerous problems with elected judges (sorry, you Jacksonian democrats), one of the most unseemly is the things some will say when they will ask for your vote.

The accusations of the judge’s prejudice range from his 2008 campaign signs describing himself as “a prosecutor to judge the predators” to comments made during a Texas Patriots PAC meeting in March 2013 touting the fact that no one who was tried for civil commitment has been released into the community since he took over the bench in 2008.

Seiler also referred to the predators as “psychopaths.”

As a result of these gems of judicial wisdom, there has been a “flurry of defense motions granted for Judge Michael Seiler’s recusal in the 435th” in Montgomery Count, Texas.  But the prosecutor protests.

Meanwhile, Assistant District Attorney Cindy Pulcher filed a response to Thirolf’s defense motion seeking Seiler’s recusal.

Pulcher said the judge was only citing undisputed statistics and that Seiler’s campaign sign could easily be explained by his record as a former 14-year prosecutor.

“He has tried over 100 jury trials and was the only candidate with experience as either a prosecutor or defense attorney,” Pulcher wrote. “As many candidates do, they show their experience as either a prosecutor or defense attorney. This is a political speech prior to the time that he was elected as a judge.”

And there is nothing wrong with having experience as either a prosecutor or defense lawyer. But then, he’s running for judge, not for super-prosecutor.  What’s that?  What about castration, you ask?

In reference to Seiler responding to a question as to whether castration is successful in stopping predators from hurting other children, which the judge said, “castration would have to kind of occur from the neck level,” Pulcher said it was an unscripted question and does not show the judge to have prejudice.

Come on, you can’t expect a judicial candidate not to extoll the virtue of castration “from the neck down” when the question is unscripted.  After all, if no one writes down in advance answers to questions that conceal flagrant prejudice and hatred of defendants, he might say something outrageously damaging.  As in, what he might say from, oh, the bench.

Some well-intended but naïve souls may wonder why, given the things Seiler has said, he’s allowed to remain on the bench at all.  Clearly, his bias, not to mention inability to control the stupid to keep the words from emitting from his mouth so everyone is painfully aware of his bias, presents a bit of a problem with his ability to serve as a neutral jurist.

So is the Texas State Commission on Judicial Conduct “investigating” Sielers?  Are they getting ready to mop the floor with this mouth that won’t stop?

Willing said the commission would conduct an investigation if a written complaint is filed identifying the judge and if the allegations truly violated the Code of Judicial Conduct.

“Sometimes, if there’s a report, or media story, I usually collect those and share those with the commissioners at a meeting,” Willing said. “If they were inclined to open up an investigation based on a media report, then we would initiate a commission investigation based on that.

Well, some might surmise that the flurry of granted recusal motions might be a small indicator of the accuracy of the complaints about Seiler’s mouth and attitude, but hey, let’s not rush to judgment against a guy who thinks ordinary castration isn’t nearly close enough to his personal brand of justice.

And what about the power of the people to pick judges who will serve their interests?

Seiler was elected to that bench the following year and has been the only judge to preside over the court since its inception.

Seiler won a Republican primary runoff against Scott Goleman in 2008 to head the 435th and then was appointed by Gov. Rick Perry to take its bench a few months early. He ran unopposed for re-election in 2012.

That’s right. Seiler is the people’s choice.  And that’s the biggest problem with elected judges, the voters.  How long before Montgomery County builds a statue to honor Seiler’s contributions to the Republic of Texas?


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6 thoughts on “Vote For Me and I’ll Set You Free

  1. Alex Bunin

    My wife Nancy Bunin, whom you met, was the first to successfully recuse Seiler and first introduced the video in which he extolled the value of neck-level castration.

  2. Dave

    I’ve always rather thought the “tough on crime” rhetoric that is often a staple of judicial campaigns vioolates judicial ethics as it strongly implies a promise to favor the prosecution. This guy brings it to a whole different level. Just plain disturbing.

  3. Marc R

    Maybe the judicial candidate took it as a joke. Castration is a very, very rare punishment and is usually plead knowingly in lieu of life in prison as a sex offender. It certainly violates the 8th amendment and maybe the candidate figured i’ll extend out this stupid question to it’s illogical conclusion.

    I’m not sure I’d move to recuse him. There’s a difference between being tough on defendants (routinely believing cops over defendants, denying defense motions, etc.) versus being tough on defendants found guilty. I’d prefer some in some cases and others in other cases.

    1. Alex Bunin

      We would love for you to come to Montgomery County and see for yourself. You would not be quite so ambivalent after assessing the facts.

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