AUSTIN, Texas — A state ethics agency has admonished State Sen. Sarah Eckhardt for two incidents that occurred while she was serving as Travis County judge. But, according to KVUE's partners at the Austin American-Statesman, Eckhardt is disputing the agency's jurisdiction.
The State Commission on Judicial Conduct, which investigates complaints against judges at all levels, concluded that Eckhardt's actions in the two incidents violated the section of the Texas Constitution that prohibits judges from conduct that brings public discredit to the judiciary.
In its public admonition, the commission first criticized Eckhardt for wearing a pink "pussy hat" beanie while presiding over a January 2017 Travis County Commissioners Court meeting. The commission concluded this action "could be perceived as undignified, offensive and inappropriate."
The second incident included in the admonition was when, at the Texas Tribune Festival in September 2019, Eckhardt made the remark that Gov. Greg Abbott "hates trees because one fell on him," referring to the 1984 incident when a large tree limb fell on Abbott's back while he was jogging, leaving him paralyzed from the waist down.
Eckhardt expressed remorse for making the comment and later sent Abbott a letter of apology. The commission concluded the comment could be perceived as "offensive, demeaning, and derogatory towards the governor and others with physical disabilities."
However, according to the Statesman, Eckhardt says the agency doesn't have jurisdiction over an elected official who performed no judicial role, arguing that she was inappropriately held to standards meant for judges involved in the judicial system.
The Statesman reports that though the position of county judge has no judicial role, the commission said it was able to investigate and respond to a complaint about Eckhardt because "the County Court of Travis County has the general jurisdiction of a probate court."
Eckhardt also argued that her choice to wear the pink hat was protected political speech under the First Amendment, the Statesman reports, and that she immediately recognized the comment about Abbott was in poor taste, apologized to the people attending the forum and promptly reached out to Abbott to apologize.
The admonition against Eckhardt was issued on Dec. 4. It was made public on Dec. 22, according to the Statesman.
Eckhard became Travis County judge in 2015. She left office earlier this year to run in a special election to replace State Sen. Kirk Watson, which she won. She was sworn in as the state senator for District 14 on July 31.
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