An attorney who regularly represented indigent probationers facing revocation in Gill's court has testified that the judge personally negotiated plea deals, a role normally reserved for prosecutors. Rejecting Gill's offer often meant a tougher sentence if he later heard the case and decided that a violation occurred, the attorney, William H. "Bill" Ray, said under oath.

Details.

[OK, let's be fair. Aren't there a few more judges out there that plea bargain directly with the defense attorney?]

Based on the number of defense attorneys who practice in Travis County who come to our county and want to "see what the judge will do" on their client's probation revocation by seeking an advisory opinion, or saying, "let's go talk to the judge," I'd say that practice probably goes on in our neighboring county. In fact, I've been told that's how it's done in certain courts. The prosecutors have no real say in negotiating revocation sentences.

Prosecutors have to protect the right to an impartial judge by objecting to such judicial plea bargaining. The Court of Criminal Appeals and state and national ethics standards have made it clear that such judicial bargaining is unethical.

Some judges find the practice too tempting as a means of alleged docket control.

For a discussion of the issue, see Chapter 2 of The Perfect Plea.