Formal Official Oppression Complaint Filed Against Judge

HOUSTON -- A formal criminal complaint was filed Tuesday evening against a visiting judge who a woman claims broke the law, KPRC Local 2 reported.

Judge Carolyn Marks Johnson is under scrutiny for forcing 24-year-old Casey Price to take a drug test after Price was acquitted on a driving while intoxicated charge.

The official court transcript documented Johnson's order.

Johnson: "Casey Michelle Price, you are free to go. Good luck to you, ma'am, in the future. You will have to go do that testing."

Paul LaValle, Price's attorney, objected: "If I may, your honor ... what is the point in testing someone who has no charge pending, is no longer on bond and technically has the right of any citizen walking through the courtroom right now? She should be free to go."

Johnson: "Counsel, I've already ordered the testing."

LaValle called Johnson's actions official oppression, a misdemeanor.

KPRC Local 2 legal Analyst Brian Wice agreed.

"As soon as the defendant hears those two words, 'not guilty,' all a judge can say is, 'Have a nice day,'" said Wice.

Attorney Troy McKinney said he has also had problems when Johnson presided over one of his cases.

"It certainly seemed like the rules were being made up as we went along," said McKinney.

McKinney said Johnson tried to keep the courtroom doors locked on two days. Court transcripts showed that McKinney objected.

A July 11, 2007 court transcript read:

McKinney: "I've been informed the courtroom doors are locked and I object to going forward unless they are open."

Johnson: "Could I ask why, counsel?"

McKinney: "Constitution. This is a public courtroom. Proceedings are to be public."

A July 13, 2007 court transcript read:

McKinney: "May we have the courtroom doors open?"

Johnson: "Could we talk about this later?"

"There's no question in my mind that the second day she knew wasn't proper," said McKinney. "And she did it anyway."

The attorneys said they are concerned that Johnson's background as a civil court judge did not properly prepare her to be a visiting judge in a criminal courtroom.

Wice said a special prosecutor should be assigned to investigate the judge since employees of the district attorney's office were witnesses.

KPRC Local 2 knocked on Johnson's door and wrote her an e-mail to hear her side of the story, but had no luck.