A local judge who was recently admonished by the Texas State Commission on Judicial Conduct for referring to COVID-19 as the “China virus” has appealed the decision to the Texas Special Court of Review.
Judge Justin Low of the 161st Ector County District Court said he has filed an appeal based on a free speech argument and a hearing date of Nov. 2 has been set.
Low, who took the bench in 2020, was also ordered to obtain an hour of instruction with an assigned mentor on courtroom demeanor.
According to a commission report, Low was presiding over pre-qualification for jury duty on May 7, 2021, when Low spoke about the “China virus.” Low then said, “Yeah, I said it” and “the attorneys would be upset I said that” to potential jurors. Some of the potential jurors whooped and clapped their hands, and Low encouraged them by laughing and nodding, the report stated.
An Asian-American potential juror reported she felt unsafe and uncomfortable after the comments were made, especially because there had been recent hate crimes committed against Asian-Americans, according to the report.
Low called some of the pre-requisite questions “stupid” and said, “I don’t know why I have to ask this.”
Low testified before the commission he was trying to expose bias and/or prejudices among the potential jurors. He also told the commission he knew it would be offensive to some people, but he was “doing it for a higher purpose.”
The commission ordered Low to obtain additional education “for his unprofessional demeanor during jury selection, which demonstrated bias and prejudice against potential jurors through his words and actions,” the report stated.
