Allegedly threatening the life of a defendant has landed a northeast Texas judge in serious legal trouble.
Rains County Justice of the Peace Robert Jenkins Franklin is accused of coercing defendant Coby Clifton Wiebe into accepting a plea deal in The State of Texas v. Wiebe, a case Judge Franklin was not presiding over. Wiebe had been accused of disclosing intimate photographs of the complainant, Haley Gaines, without her consent with the intent to embarrass, according to the indictment.
According to a lawsuit filed in the 354th District Court, Judge Franklin reportedly made death threats in a private phone call.
“I heard you have a problem with me boy, you take that deal boy or dead men can’t testify,” Jenkins Franklin reportedly told Wiebe.
Wiebe’s AT&T phone records, presented as evidence in the lawsuit, show a 19-second phone call from Judge Franklin on October 16, 2023. The record shows he proceeded to call Wiebe five more times over the next several minutes.
Three days later, Wiebe entered a plea deal, including three years of community supervision, meaning parole, and a $750 fine.
A polygraph test was administered on February 25, which is included as evidence in the lawsuit. Texas licensed polygraph examiner James Gallagher’s professional opinion is that Wiebe is telling the truth regarding the contents of the phone call with Judge Franklin.
This is not the only case in which the Rains County Justice of the Peace is accused of threatening a defendant.
Also included in the lawsuit is a 43-minute recorded phone conversation with an anonymous female defendant, “Jane Doe.” Her identity is suppressed for fear of retaliation, but the recording’s validity was proven to the court and opposing counsel.
In the recording, Judge Franklin reportedly threatened to kill Jane Doe and her brother while making a variety of threats against her family attorney and Child Protective Services caseworkers. He further stated that it’s fun to mess with people and find out where they live.
Upon learning of Judge Franklin’s actions, the Rains County District Attorney’s Office submitted an Agreed Motion petitioning the dismissal of all charges against Wiebe and an Early Discharge from Community Supervision.
“The State has discovered evidence that Defendant [Wiebe] was coerced to testify falsely and to enter a plea of no contest by an elected official of Rains County, Texas…,” reads the motion. “The State believes that the best interest of justice will be served by the early discharge of community supervision.”
The court granted Wiebe’s early discharge from probation and dismissed the indictment on April 4, 2025.
Wiebe’s lawsuit alleges Judge Franklin’s actions violated several judicial rules, including ex parte communication––when judges speak to one party without the other’s knowledge––official oppression, and witness tampering in the plea agreement.
The lawsuit claims none of this is protected by qualified immunity, the legal doctrine that protects elected officials from civil lawsuits unless they violated “clearly established” statutory or constitutional rights.
Since Judge Franklin is a witness to the alleged threat, Wiebe’s lawsuit asks the court to take an oral statement from him to be used as evidence before the trial begins. Texas Rule of Civil Procedure 202, invoked by the lawsuit, allows for such petitions to be made.
In response to the lawsuit, Judge Franklin generally denied Wiebe’s allegations and claimed he is entitled to governmental immunity.
He previously made headlines in March 2024 when he was arrested for driving while intoxicated. Judge Franklin was elected to his current position in 2022 and is up for reelection in 2026.
A hearing for Wiebe’s Rule 202 Petition will be held June 30 at 11 a.m. in the Hunt County Courthouse in Greenville.
Texas Scorecard asked The State Commission on Judicial Conduct, which is responsible for investigating allegations of judicial misconduct, if they are investigating Judge Franklin. Executive Director Jacqueline R. Habersham replied that unless they have issued public discipline or initiated formal proceedings against a judge, “the confidentiality rules prohibit the staff and the Commission from confirming whether any Texas judge is or has been under investigation for any alleged conduct that may be in the public sphere.”
Judge Franklin did not respond to Texas Scorecard’s request for comment before publication.
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