BEFORE THE STATE COMMISSION
ON JUDICIAL CONDUCT

 

CJC N0. l7-1259?C0

 

PUBLIC WARNING

HONORABLE CARBETT J. DUHON 
COUNTY JUDGE
HEMPSTEAD, WALLER COUNTY, TEXAS

During its meeting on June 6, 2018, the State Commission on Judicial Conduct concluded a
review of the allegations against the Honorable Carbett J. (?Trey?) Duhon 111, County Judge,
Hempstead, Waller County, Texas. Judge Duhon was advised by letter of the Commission?s concerns
and provided a written response. Judge Duhon appeared before the Commission on June 6, 2018, and
gave testimony. After considering the evidence before it, the Commission entered the following

Findings and Conclusion:

FINDINGS OF FACT

1. At all times relevant hereto, the Honorable Carbett J. (?Trey?) Duhon was the County Judge
for Waller County, Texas.

On June 30, 2017, the political action committee ?Citizens in Support of Duhon Mathis? (the
held a concert at the Waller Creek Fairgrounds to raise money for the re-election
campaigns of Judge Duhon and Waller County District Attorney Elton Mathis (the undraising
Event?).

3. Campaign flyers advertising the Fundraising Event included photographs of Judge Duhon and
DA Mathis, and contained the statement SUPPORT OF County Judge Trey Duhon D.A.
Elton Mathis and their 2018 Re-Election campaigns.? The flyer stated that tickets could be
purchased online, by telephoneTrey Duhon.?

4. During his testimony before the Commission, Judge Duhon acknowledged that he reviewed a
copy of the ?yer when it was created, and did not object to its contents or its distribution.

5. Judge Duhon explained that his wife, who was a member of the PAC, was very involved in
planning the Fundraising Event, and kept him apprised of those plans. He stated that he attended
portions of PAC meetings, some of which were held at his law of?ce, and that he and his wife
made contributions to the PAC by underwriting certain event expenses that were reimbursed by
the PAC. Judge Duhon acknowledged that tickets for the Fundraising Event were available for

purchase at his law of?ce.
6. Following the Fundraising Event, the PAC distributed $19,529.00 each to the campaigns of
Judge Duhon and DA Mathis.

7. Judge Duhon testi?ed that he does not currently preside over criminal cases. However, he does
perform criminal magistrations, and signs both search and DWI blood warrants.

8. According to Judge Duhon, DA Mathis also serves as the Waller County Attorney, and
represents Judge Duhon and the other members of the Waller County Commissioner?s Court in

legal matters involving the county.

RELEVANT STANDARDS

1. Canon 2B of the Texas Code of Judicial Conduct provides in relevant part, judge shall not
lend the prestige of judicial of?ce to advance the private interests of thejudge or others; nor shall
a judge convey or permit others to convey the impression that they are in a special position to
influence the judge.?

2. Canon 5(2) of the Texas Code of Judicial Conduct provides in relevant part that ajudge ?shall
not authorize the public use of his or her name endorsing another candidate for any public of?ce,
except that either may indicate support for a political party.?

CONCLUSION

The Commission concludes from the facts and evidence presented that Judge Duhon lent the
prestige of his judicial of?ce to advance the private interests of the elected district attorney for Waller
County when he participated in ajoint fundraising event with the elected district attorney. Moreover, by
authorizing the use of his name, title, and photograph on fundraising advertisements for the bene?t of
the judge and the elected district attorney, Judge Duhon?s conduct constituted a public endorsement
expressly prohibited by Canon The Commission concludes that Judge Duhon?s conduct constituted
a willful violation of Canons 2B and 5(2) of the Texas Code of Judicial Conduct.



In view of the conduct described above that violated Canons 2B and 5(2) of the Texas Code of
Judicial Conduct, it is the Commission?s decision to issue a PUBLIC WARNING to the Honorable Carbett

J. (?Trey?) Duhon 111, County Judge, Hempstead, Waller County, Texas.

Pursuant to the authority contained in Article V, ?l-a (8) of the Texas Constitution, it is ordered
that the actions described above be made the subject of a PUBLIC WARNING.

The Commission has taken this action with the intent of assisting Judge Duhon in his continued
judicial service, as well as in a continuing effort to protect public con?dence in the judicial system and
to assist the state?s judiciary in its efforts to embody the principles and values set forth in the Texas
Constitution and the Texas Code of Judicial Conduct.

fis- 
Issued thistheagg dayr of ?s&ri ,2018.

 

State Comm' ion on Judicial Congt