Limestone County Judge Daniel Burkeen is stepping down from his judicial responsibilities, effective immediately.
Burkeen’s resignation is part of a voluntary agreement with the State Commission on Judicial Conduct, which he signed on Wednesday, March 28, 2018, in lieu of disciplinary action.
Though Burkeen will no longer serve in a judicial capacity, he will continue his administrative responsibilities as head of the Limestone County Commissioners Court through May 31, 2018. The agreement requires him to submit a letter of resignation to that effect, addressed to Limestone County.
The resignation agreement lists at least eight allegations of misconduct that, if found to be true, could result in further disciplinary action against Burkeen, up to and including removal from office.
Burkeen’s troubles began April of last year when he was arrested for Driving While Intoxicated (DWI) by a Mart police officer in McLennan County.
This arrest is the first allegation listed in the resignation agreement. The document further states that Burkeen lied to the media about the incident.
In September of 2017, McLennan County District Attorney’s office declined to file formal charges against Burkeen, and instead admitted him into their pre-trial intervention program. (If Burkeen completes the two-year program, the misdemeanor DWI charge will not be filed.)
In October of 2017, three of the four Limestone County commissioners filed a lawsuit, seeking Judge Burkeen’s removal, citing additional incidents of intoxication, and several allegations of improper conduct with female inmates.
According to the resignation agreement, allegations listed in the lawsuit included:
–Arrest for driving while intoxicated during normal business hours;
–Signs of intoxication in the courthouse on other dates;
–Inappropriate conduct with a minor at the courthouse;
–Inappropriate conduct with Brooke Thompson, a defendant with a criminal case pending, including hugging in a holding cell, giving money at the courthouse, and communicating via text message;
–After recusing himself from a criminal case against Chealse Shinault, speaking with a visiting judge about the defendant, and signing an order dismissing the case;
–Engaging in ex parte communication with Chasidy Archer, a defendant in his court, by texting her about the case while it was still pending;
–Visiting female inmate, Morgan Welch, while in County Jail, and attempting to have her released on Personal Recognizance bond; and
–Authorizing personal release bonds for multiple female defendants.
Burkeen denies these allegations in their entirety.
The State Commission agrees not to pursue further disciplinary proceedings in regards to the listed allegations, so long as Burkeen abides by the resignation agreement.
In a separate matter, Burkeen was publicly reprimanded by the State Commission on Judicial Conduct in February of 2018 for a series of political posts to social media that they believe cast reasonable doubt on his capacity to act impartially as a judge, violating the Texas Code of Judicial Conduct.
The posts included a meme endorsing the extermination of Muslims and several derogatory statements regarding “liberals.” The comments were made on a personal Facebook page that identified Burkeen as the County Judge of Limestone County.
The reprimand states that these actions “cast discredit upon the judiciary and administration of justice,” in violation of the Texas Constitution.
Burkeen has served as county judge since January 2007.
He lost his re-election bid in the March 6th Republican Primary; and would have been out of office at the end of the year.
Burkeen finished third out of four candidates, behind Richard Duncan and Mark Roark, who will face each other in a runoff May 22nd.
As no Democrat is running for the seat, Limestone County Commissioners will be able to appoint the winner of the runoff to finish Burkeen’s term, before starting their own full term in January 2019.
