Rains County Justice of the Peace Robert Jenkins Franklin has been suspended without pay following his indictment for allegedly threatening a defendant to accept a plea deal and pressuring his chief clerk into signing a false affidavit.
Texas’ State Commission on Judicial Conduct, which is responsible for investigating allegations of this kind, issued the Order of Suspension on June 5.
“Having considered the indictment, the Commission concluded that Judge Franklin is charged with two counts of Tampering with a Witness, a Third-Degree Felony and two counts of Official Oppression, a Class A Misdemeanor,” the order stated.
“The commission determined that Robert Jenkins Franklin should be suspended without pay from the judicial office of Justice of the Peace for Rains County,” the order continued. “This suspension shall remain in effect until the charges set forth in the indictment are dismissed, Judge Franklin is acquitted of all charges in the indictment, or upon further review order(s) of the Commission.”
Suspension powers are explicitly granted to the commission when judges are indicted under the provisions of 15(a) of the Procedural Rules for the Removal or Retirement of Judges.
“If a judge is indicted for a felony or charged with a misdemeanor involving the judge’s official position, the Commission itself may vote to suspend the judge from office, with or without pay, pending the disposition of the charge,” according to the commission’s website.
Should Judge Franklin appeal the commission’s decision, Rule 15(a) states that a “written request for a post-suspension hearing must be filed with the Commission within 30 days from the receipt of the Order of Suspension.”
Texas Scorecard asked the commission what would happen to Judge Franklin’s office during his suspension.
“The County Judge can appoint a temporary judge to fulfill the duties of the office and/or the other justices of the peace can assist with cases pending in the court when a judge is temporarily unavailable,” Executive Director Jacqueline R. Habersham responded.
Last month, Texas Scorecard asked the commission if it was investigating Judge Franklin.
Director Habersham replied that unless it has 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.”
This is the first time the commission has publicly disciplined Judge Franklin, despite his making headlines in March 2024 when he was arrested for driving while intoxicated.
Court dates will be set and announced by the Rains County District Court as the prosecution moves forward. In a related federal civil case brought by Coby Wiebe—the defendant whom Judge Franklin threatened—a hearing is scheduled for June 30, at 11 a.m. in the Hunt County Courthouse in Greenville.
Judge Franklin did not respond to Texas Scorecard’s request for comment in time for publication.
If you or anyone you know has information regarding bad actions by judges, please contact our tip line: scorecardtips@protonmail.com.
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