Recently, it came to light that the deputy District Attorney who prosecuted Clinton’s three prior post conviction proceedings, simultaneously and secretly worked as an undisclosed paid law clerk and judicial advisor to the same judges who presided over Clinton’s proceedings. This DA was paid by the courts to draft orders for the judges in cases in which he was also the prosecutor, like Clinton’s case. The judges signed and issued those orders as the courts’ own rulings, presumably ruling in favor of the prosecution. Clinton has lost all of those proceedings.
The deputy District Attorney worked on Clinton’s case at least over the years 2006 until 2017. The tainted cases appear to include at least Young’s 2006 and 2010 writ proceedings, as the deputy DA prosecuted them and drafted proposed orders in both proceedings denying Young’s claims, that the presiding judges then signed and issued as their own orders with little of no modification.
What does this mean? For years the prosecutor in Clinton’s case worked for the judges on Clinton’s case at the same time, advising the judges on what rulings to write, and drafting those rulings for them. Basically making the prosecutor and the judge one and the same person. This is a huge (ethical) violation, it is clearly against the law (Texas Code of Judicial Conduct and ethical rules), and it was kept a secret all those years. It flatly violates basic concepts of judicial neutrality, and destroys the integrity of each proceeding in which it occurred.
On August 16, 2019, the current District Attorney on Clinton’s case found out about this ethical violation by coincidence, and came forward. On August 22, the Midland District Attorney filed a motion to recuse itself from Clinton’s case. Because this ethical violation took place in her office, the entire office has to stop working on Clinton’s case. The judge granted that motion. Now, a new (special) prosecutor has to be appointed by the courts to take over Clinton’s case.
The full scope of the DA’s ethical violation is only beginning to be known. To completely understand its impact on the various prior’s stages of Young’s case will take time, discovery, and investigation. What will happen next is the conducting of an investigation in order to discover the extend of this egregious and profound ethical breach. That could take months, or even years.
Clinton has always maintained that he never got a fair trial.