Texas family court judge Barbara Stalder was publicly reprimanded by the Texas State Commission on Judicial Conduct. Why you ask? Great question. Turns out she ordered an attorney escorted to the jury box and shackled. Twice — in two separate incidents.
The first incident happened on February 10, 2020, when attorney Derrick Saulsberry was representing his nephew in a protective order proceeding. In the hallway, Saulsberry had a tense exchange with his client’s mother-in-law. Saulsberry cursed. When they returned to the courtroom Stalder proceeded to lecture Saulsberry about professionalism and demanded he apologize to his client’s mother-in-law. Saulsberry refused. And then, this:
Judge Stalder then instructed her bailiff to escort Saulsberry into the jury box. The bailiff did so, and shackled Saulsberry to a chair in the jury box, where he remained shackled for approximately 20 minutes. Judge Stalder never held Saulsberry in contempt of court or instituted contempt proceedings of any kind.
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Stalder then continued to conduct business related to the protective order WHILE THE ATTORNEY WAS STILL SHACKLED.
The second incident was on February 18, 2020. Then Samuel Milledge was in Stalder’s courtroom in support of a client — though he wasn’t representing the client in the matter in front of Stalder, but in another unrelated matter. And there was another hallway incident, this time between Milledge and a court staffer. When questioned about it by Stalder, Milledge said the staffer was disrespectful towards him. Once again, Stalder dealt with the situation by having her bailiff escort the attorney to the jury box and shackling him to a chair.
Milledge called his son, Samuel Milledge II (also an attorney), to represent him in the matter.
When Milledge II arrived at court, he immediately went to talk to his father, but was confronted by the bailiff and they began to have an exchange.
Judge Stalder released Milledge after his son explained that Milledge had a trial to attend.
While leaving the courtroom, Milledge II had another exchange with the bailiff, and Judge Stalder called him back to the bench and told him to never step foot in her courtroom again.
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In neither incident did Stalder initiate contempt proceeding against the attorneys.
As you may imagine, the Commission was none too happy about Stalder’s preferred method of courtroom management:
Judge Stalder’s failures in these respects constituted willful and/or persistent failures to be patient, dignified and courteous towards the attorneys; willful and/or persistent disregard for Taylor’s, as well as Saulsberry’s and Milledge’s rights to be heard according to law; and willful and/or persistent conduct that is clearly inconsistent with the proper performance of her duties and that cast public discredit upon the judiciary or the administration of justice, in violation of Canons 38(4) and 3B(8) of the Texas Code of Judicial Conduct, and Article V, Section 1-a(6)A of the Texas Constitution.
Not that anyone has to worry that this will happen again any time soon — in March, Stalder lost her primary race for re-election.
Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).