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Retired prosecutor Ralph Petty had a secret during his career in Midland County, Texas. While seeking convictions, he simultaneously worked behind the scenes as a law clerk for the judges presiding over his cases, giving him special influence.
Sometimes, Petty even wrote court orders resolving motions from opposing counsel. He argued from one side of the bench, then slipped to the other side and advised judges how to rule. As a “moonlighting prosecutor,” Petty sent at least one man to death row.
A federal appeals court panel has referred to the arrangement as a “dodgy side hustle” and an “utterly bonkers” violation of the right to a fair trial. Other federal judges have called it a “DEFCON 1 legal scandal.”
Defense attorneys would have been furious if they had known Petty was on the judge’s payroll. But Midland’s court, county government, and district attorney’s office kept the moonlighting to themselves and got away with it for nearly 20 years. Now the U.S. Supreme Court has a chance to intervene.
Erma Wilson, a certified nursing assistant and mother, is leading the charge for accountability. She sued when she learned about the uneven playing field, years after suffering the humiliation of a minor drug conviction.
Officers arrested Wilson in 2000 after claiming they found cocaine on the ground near where she had........