In Re Barr

In Re Barr, 13 S.W.3d. 525, 546 (Tex. 1998) was a civil action for the removal of Judge James Barr for violations of the Texas Code of Judicial Conduct. One of the instances of misconduct involved the judge's improper use of judicial process. Specifically, Judge Barr issued a writ of attachment for a witness without being requested to do so by either the State or the defense, and indeed without observing any of the procedural requirements for the issuance of such a writ. In Re Barr, 13 S.W.3d at 545-547. The Texas Supreme Court affirmed the finding that the judge had exercised his inherent power in bad faith by seeking to have the witness "attached and jailed on his own motion, without the benefit of affidavits or a requisite showing of materiality." Id. at 547. According to the Supreme Court opinion: In the instant case the writ of attachment, issued pursuant to Respondent's order, was sloppy at best. The writ was signed by an individual who was not the Harris County District Clerk. It required that Deputy Rendon appear in the 337th Judicial Court at 9:00 a.m. on January 17, 1996; however, the writ was not signed until an hour after he was to appear. The writ of attachment refers to Deputy Rendon as the "defendant," rather than a witness. Moreover, Judge Barr admitted that prior to taking the step of depriving a citizen of his individual freedom, he had not researched the law regarding writs of attachment or witness bonds. In Re Barr, 13 S.W.3d at 547.