An interesting side issue in an opinion handed down in a postconviction writ case by the CCA:

Our purpose in writing today, however, has nothing to do with the issue raised by Olivares [request for credit for time spent in county jail]. Instead, we find it necessary to address the trial judge's [Hidalgo County] offensive hand-written note to the members of this Court that appears at the end of the judge's "SUPPLEMENTAL FINDINGS OF FACT, CONCLUSIONS OF LAW, RECOMMENDATION AND ORDER." The note reads as follows:

To the Justices of said Court.

What part of zero time--No jail time credit does the Appellate Court or the Clerk thereof not understand?

This is a terrible waste of time, effort and money.

First, the statement is unnecessary; it contributes nothing to the legal issue before us. Second, and most importantly, it is highly unprofessional. When a judge chastises other members of the judiciary in this manner, it not only reflects poorly on the judge, it undermines the integrity of the justice system. The words of Supreme Court Justice Kennedy are particularly appropriate here:

The collegiality of the judiciary can be destroyed if we adopt the habits and mannerisms of modern, fractious discourse. Neither in public nor in private must we show disrespect for our fellow judges. Whatever our failings, we embody the law and its authority. Disrespect for the person leads to disrespect for the cause.

If public respect for the judiciary is to be maintained, it must begin from within.

With that said, we also note that to avoid the need for remand, such as the one in this case, it is imperative for trial judges to ensure that the habeas record includes any available documents that support its findings of fact.

Because we have already determined that Olivares is not entitled to relief, we deny his application for a writ of habeas corpus.