258th District Judge Travis E. Kitchens Jr. was recently publicly admonished by the Texas State Commission on Judicial Conduct regarding two issues – mandatory certification for plea agreements and COVID-19 vaccine requirements.
According to the Commission, Kitchens failed to comply with the law and maintain professional competence in the law when he mandated defense counsels and defendants to certify they had counseled their clients on the court’s mandatory reading prior to accepting plea agreements; and additionally, when he ordered parents in a contested family law matter to obtain the COVID-19 vaccine or produce a negative COVID-19 test within 72 hours of the non-custodial parent exercising visitation.
Regarding the mandatory certification for plea agreements, Kitchens provided a written response after being advised by letter of the Commission’s concerns, in which he stated he thought it would be a good thing if the issue of prison and parole was discussed with the defendant when the process of plea bargaining was engaged by the state. He said he thought it would have an added incentive for the defendant to not violate the terms of the probation.
He appeared before the Commission on Aug. 12 and testified that he instituted the reading upon his election to the bench, but that compliance with the requirement waned after six months and was no longer required.
Regarding the COVID-19 vaccine requirement, Kitchens stated in his written response and testimony before the Commission that he relied on his experience and training and thought his decision to either get a vaccine or have a negative test prior to exercising visitation was in the best interest of the children to try and minimize their exposure to COVID-19 under the specific facts of this case.
“Judge Kitchens’s failures in the foregoing respects constituted willful or persistent conduct that is clearly inconsistent with the proper performance of his duties and casts public discredit on the judiciary or on the administration of justice, in violation of Canons 2A and 3B(2) of the Texas Code of Judicial Conduct and Article V, Section 1-a(6)A of the Texas Constitution,” Ken Wise, interim chair of the State Commission on Judicial Conduct, wrote in his conclusion.
Kitchens is presently serving his third four-year term as judge of the 258th Judicial District which comprises Polk, San Jacinto and Trinity counties.
