A judge in the Fort Bend District Court was reprimanded by the State Commission on Judicial Conduct for using foul language at a hearing and for stating that a defendant could not wear her jail uniform to the trial.
Judge Stephen Rodgers of the 268th District Court was ordered by the commission to undergo four hours of training for his dealings with two defense counsel that violated the state constitution and the Texas Code of Judicial Conduct.
According to the Fort Bend Herald, Rogers was elected to the bench in November 2022.
The judge said that he depended on lawyers to perform legal research rather than conducting it himself, and that he had only two months of expertise in criminal law prior to reaching the bench, according to the commission’s conclusions.
Rogers was not available for comment at this time.
The judge ordered defense lawyers Annie Scott and Michael Elliott to purchase civilian clothing for their client at Walmart during a contentious court session in July 2023. According to the admonition, the judge concluded the hearing by saying, “Don’t f k with me in my court,” and prohibited the defendant from wearing her jail uniform during the trial.
Scott submitted a motion to remove Rogers from the client’s criminal matters the following week.
Rogers referred the recusal motion to the presiding judge three days after the deadline and shifted the cases to another judge, according to the reprimand. Since Rogers had shifted the matter, the presiding judge determined that the recusal request was moot.
Rogers was still responsible for signing the pay vouchers for the two defense lawyers because he moved the case. Furthermore, their client’s case can yet be returned to his court.
Elliott made appearances in the judge’s courtroom the next month on behalf of additional clients. Elliott was taken out of the courtroom by the bailiff, who informed the defense lawyer that he had been “banned” from the courtroom.
The bailiff was not following the judge’s directions, Rogers informed the committee.The judge did, however, state that because to the lawyer’s prior contacts with the court reporter, he had asked Elliott not to attend the courtroom that day. For almost six months after the event, Rogers said he moved Elliott’s cases to other judges.
He “could and should have used a less crude term in [his] final statement to Mr. Elliott” when he used foul language during the July 2023 hearing, the court added in the reprimand.
When the committee inquired as to whether Rogers had apologized to Elliott and Scott, the judge responded, “I have not and I am uncertain precisely for what I would be apologizing.”
According to the admonishment, Rogers also “blamed Scott and Elliott for his ignorance in the law” and made “negative statements” about the two defense lawyers in his response to the commission.
Rogers has been ordered by the commission to finish two hours of demeanor training as well as two hours of training on the rights of criminal defendants and recusal motions.
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