Full opinion text
OPINION Opinion by TOM GRAY, Justice. This proceeding concerns the recommendations of the State Commission on Judicial Conduct (“the Commission”) that Petitioner, the Honorable Charles Ronald Rose, Justice of the Peace, Precinct 1-A, Dallas County, Texas, be removed from that office and that this Review Tribunal prohibit him from holding judicial office in the future. Judge Rose petitions the Tribunal to reject the Commission’s recommendations. The Examiner responds on behalf of the Commission through special counsel. We will deny Judge Rose’s petition, will order his removal from office, and order that he be prohibited from hold-⅜ judicial office in the future. Judge Rose’s case has received international, national, regional, and extensive local attention. LEGAL BACKGROUND In general, judicial discipline proceedings have “four important objectives: to deter injudicious conduct; to provide a means by which judges can be disciplined in appropriate cases; to vindicate by an independent report a judge who has been unfairly criticized; and, most important of all, to enable aggrieved litigants or others to air their complaints.” David Pannick, Judges 97 (1987). In the Texas Constitution, in particular, “[t]he general purpose of the judicial conduct provisions was to encourage judicial accountability and trustworthiness _” Janice C. May, The Texas State Constitution: A Refeüence’ Guide 207 (1996). Their purpose “is not necessarily to punish, but to maintain, if not enhance, the honor and dignity of the judiciary of the entire State of Texas and to uphold the administration of justice for the benefit of all its citizens.” In re Canales, 118 S.W.3d 56, 64 (Tex.Rev.Trib.2003, pet.denied); In re Barr, 13 S.W.3d 525, 533 (Tex.Rev.Trib.1998, petdenied) (op. on orig. submission); accord In re Thoma, 873 S.W.2d 477, 484-85 (Tex.Rev.Trib.1994, no pet.). Accordingly, the Texas Constitution provides a mechanism for the removal of judges. See Tex. Const. art. V, § 1-a(6)-(14). The Constitution provides, in relevant part: Any Justice or Judge of the courts established by this Constitution ... may, subject to the other provisions hereof, be removed from office for willful or persistent violation of rules promulgated by the Supreme Court of Texas, incompetence in performing the duties of the office, willful violation of the Code of Judicial Conduct, or willful or persistent conduct that is clearly inconsistent with the proper performance of his duties or casts public discredit upon the judiciary or administration of justice. Id. § l-a(6)(A). “[T]he electorate itself has approved this limitation on its ability to elect the judge of its choosing.” In re Lowery, 999 S.W.2d 639, 662 (Tex.Rev.Trib.1998, pet.denied). In that connection, the Constitution establishes Texas’s State Commission on Judicial Conduct. See Tex. Const, art. V, § l-a(2); Tex. Gov’t Code Ann. § 33.002(a) (Vernon 2004); see also id. § 33.001(a)(4) (Vernon 2004). The Constitution provides that “[t]he Legislature may promulgate laws in furtherance of’ Section 1-a “that are not inconsistent with its provisions.” Tex. Const, art. V, § l-a(14). The Legislature has done so in Texas Government Code Chapter 33, which governs proceedings before the Commission. See generally Tex. Gov’t Code Ann. §§ 33.001-33.051 (Vernon 2004). The Constitution also provides that “[t]he Supreme Court shall by rule provide for the procedure before the Commission.... ” Tex. Const, art. V, § l-a(ll). The Court has done so in promulgating the Texas Rules for Removal or Retirement of Judges. See Tex.R. Rem’l/ Ret. Judg. (West 2004). The Legislature has further mandated that the Commission publish an annual report including “an explanation of the commission’s processes.” Tex. Gov’t Code Ann. § 83.005(a), (b)(3); e.g., State Comm’n Jud. Conduct Ann. Rep. (2003), http://www.scjc.state.tx.us/ANNUAL — REPORT—2003.pdf (Nov. 17, 2003). Because “the Commission is in the best position to describe the judicial disciplinary process,” its reports are considered authoritative. 48 RobeRT P. SchuweRK & Lillian B. HaRdwick, Texas PRACTICE: Handbook of Texas Lawyer and Judicial Ethics ch. 33 introd. at 1133 (2003); see Lowery, 999 S.W.2d at 652 n. 4. The Texas Constitution provides that “[t]he judicial power of the State shall be vested” in part “in Courts of Justices of the Peace.” Tex. Const, art. V, § 1; see id. § 19. The Section 1-a removal procedure thus applies to justices of the peace. Id. § l-a(6); Lowery, 999 S.W.2d at 650. Section 1-a mandates that “[t]he Commission shall' keep itself informed as fully as may be of the circumstances relating to the misconduct ... of particular persons” subject to removal under the, section. Tex. Const, art. V, § l-a(7). The Commission must “receive complaints or reports, formal or informal, from any source in this behalf.” Id.; see Tex. Gov’t Code Ann. § 33.0211 (written complaints); Thoma, 873 S.W.2d at 483. The Commission may act “upon receipt of a verified statement, upon its own motion, or otherwise.” Tex.R. Rem’l/Ret. Judg. 3(a). Upon receipt of information relating to misconduct, the Commission must “make such preliminary investigations as it may determine.” Tex. Const, art. V, § l-a(7). “The commission may conduct a preliminary investigation of the circumstances surrounding an allegation or appearance of misconduct ... of a judge to determine if the allegation or appearance is unfounded or frivolous.” Tex. Gov’t Code Ann. § 33.022(a); see Tex.R. Rem’l/Ret. Judg. 3(a); Thoma, 873 S.W.2d at 483. This preliminary investigation must be “as is appropriate to the circumstances.” Tex.R. Rem’l/Ret. Judg. 3(a). After an initial screening, an allegation or appearance of misconduct is “dismissed administratively when a complainant’s writing or claim fails to state an allegation of judicial misconduct, or the Commission has no jurisdiction over the judge.” State Comm’n Jud. Conduct Ann. Rep. 10 (2003); see id. at 14; SchuweRK & HaRdwick, Handbook of Texas Lawyee and Judicial Ethics § 35.01, at 1154. “For example, the Commission lacks jurisdiction if a complaint concerns a federal judge or someone who is not a judge, such as a police officer.” SchuweRK & Hardwick § 35.02, at 1162 n.23. “If, after conducting a preliminary investigation ..., the commission determines that an allegation or appearance of misconduct ... is unfounded or frivolous, the commission” must “terminate the investigation.” Tex. Gov’t Code Ann. § 33.022(b); see Tex.R. Rem’l/Ret. Judg. 3(b). “The Commission may dismiss a case after conducting an investigation and review of the allegations.” State Comm’n Jud. Conduct Ann. Rep. 10 (2003). “Reasons for these dismissals include insufficient or no evidence of misconduct,” that “the judge was acting within his or her discretion,” or that “the allegation is an issue for appellate review.” Id. The standard of sufficiency of the evidence for purposes of dismissal is “much lower” than the preponderance of the evidence. SchuweRK & Hardwick, Handbook of Texas LawyeR and Judicial Ethics § 35.02, at 1162 n.25. If the Commission does not determine that the allegation or appearance of misconduct is unfounded or frivolous, then the Commission must “conduct a full investigation of the circumstances surrounding the allegation or appearance of misconduct.” Tex. Gov’t Code Ann. § 33.022(c)(1)(A); see Tex.R. Rem’l/Ret. Judg. 4(a). Likewise, if the Commission determines that “sufficient cause exists to warrant full inquiry into the facts and circumstances indicating that a judge may be guilty of willful or persistent conduct which is clearly inconsistent with the proper performance of his duties or casts public discredit upon the judiciary or the administration of justice,” the Commission must “conduct a full investigation into the matter.” Tex.R. Rem’l/ Ret. Judg. 4(a). Upon commencement of a full investigation, the Commission may order the judge to “submit a written response to the allegation or appearance of misconduct.” Tex. Gov’t Code Ann. § 33.022(c)(2)(A)(i); see Tex.R. Rem’l/Ret. Judg. 4(c). The Commission may also order the judge to “appear informally before the commission.” Tex. Gov’t Code Ann. § 33.022(c)(2)(A)(ii); see Tex.R. Rem’l/Ret. Judg. 6. “To the extent that they do not conflict with the Rules for Removal or Retirement of Judges, the civil rules of procedure” govern proceedings before the Commission. Canales, 113 S.W.3d at 66; accord Barr, 13 S.W.3d at 533 (op. on orig. submission); see Tex. Gov’t Code Ann. §§ 33.022(j), 33.027; Tex.R. Rem’l/Ret. Judg. 10(d)(1). “After such investigation as it deems necessary, the Commission may in its discretion issue a private or public admonition, warning, reprimand, or requirement that the” judge “obtain additional training or education.” Tex. Const, art. V, § 1-a(8); see Tex. Gov’t Code Ann. § 33.001(a)(10). Such “[a] sanction is remedial in nature.” Tex.R. Rem’l/Ret. Judg. 1(e). “It is issued prior to the institution of formal proceedings to deter similar misconduct by a judge or judges in the future, to promote proper administration of justice, and to reassure the public that the judicial system of this state neither permits nor condones misconduct.” Id. “All papers filed with and proceedings before the Commission” are “confidential, unless otherwise provided by law.” Tex. Const, art. V, § l-a(10); see Tex.R. Rem’l/ ■ Ret. Judg. 17. The Government Code provides, however, that “the papers filed with and proceedings before the commission are confidential prior to the filing of formal charges.” Tex. Gov’t Code Ann. § 33.032(a). The Government Code also provides that “[t]he formal hearing and any evidence introduced during the formal hearing ... shall be public.” Id. § 33.032(b); see Tex.R. Rem’l/Ret. Judg. 17(a). Instead of issuing a sanction, “if the Commission determines that the situation merits such action, it may institute formal proceedings_” Tex. Const, art. V, § 1-a(8). “ ‘Formal proceedings’ means the proceedings ordered by the commission concerning the public censure [or] removal ... of a judge.” Tex. Gov’t Code Ann. § 33.001(a)(7); see Tex.R. Rem’l/Ret. Judg. l(i). If the Commission so determines, it must “without delay” serve the judge with “written notice of the institution of formal proceedings.” Tex. Gov’t Code Ann. § 33.022(g); see Tex.R. Rem’l/Ret. Judg. 10(a)(1), (3); Canales, 113 S.W.3d at 64. The notice of formal proceedings must “specify in ordinary and concise language the charges against the judge and the alleged facts on which the charges are based and the specific standards contended to have been violated.” Tex. Gov’t Code Ann. § 33.022(h); see Tex.R. Rem’l/Ret. Judg. 10(a)(2). “The judge is entitled to file a written answer to the charges against the judge _” Tex. Gov’t Code Ann. § 33.022(h); see Tex.R. Rem’l/Ret. Judg. 10(b). The Constitution provides a judge “the right of discovery of evidence ... after formal proceedings are instituted.” Tex. Const, art. V, § l-a(ll); see . Tex. Gov’t Code Ann. § 33.027. After the institution of formal proceedings, the Commission may “order a formal hearing to be held before it concerning the public censure [or] removal” of a judge subject to removal under Section l-a(6). Tex. Const, art. Y, § l-a(8); see Tex. Gov’t Code Ann. § 33.001(a)(7); Canales, 113 S.W.3d at 64. Instead of holding a public hearing before the Commission, the Commission “may in its discretion request the Supreme Court to appoint an active or retired District Judge or Justice of a Court of Appeals, or retired Judge or Justice of the Court of Criminal Appeals or the Supreme Court, as a Master.” Tex. Const, art. V, § l-a(8); see Tex.R. Rem’l/ Ret. Judg. 10(c)(2); Canales at 64. Chapter 33 and the Rules refer to such a master as a “special master.” See Tex. Gov’t Code Ann. § 33.001(a)(12); Tex.R. Rem’l/ Ret. Judg. 1(d). “[C]omplaints that have been referred to a special master ... have usually involved fairly complex factual situations.” See SchuweRK & Haedwick, Handbook of Texas LawyeR and Judicial Ethics § 36.03, at 1177. A special master has “all the power of a District Judge in the enforcement of orders pertaining to witnesses, evidence, and procedure.” See Tex. Const, art. V, § l-a(8). The special master must “hear and take evidence in any” formal proceeding and “report thereon to the Commission.” See id. The special master’s report must “contain a brief statement of the proceedings had and his findings of fact based upon a preponderance of the evidence with respect to the issues presented by the notice of formal proceedings” and, if the judge files an answer, with respect to the issues presented by the answer. Tex.R. Rem’l/Ret. Judg. 10(h)(1). At the hearing before the Commission or the special master, “[t]he examiner or other authorized person ... pres-entís] the case in support of the charges in the notice of formal proceedings.” Id. 10(d)(1); see Tex. Gov’t Code Ann. § 33.001(a)(5); Tex.R. Rem’l/Ret. Judg. 1(3). Either the examiner or the judge may file with the Commission “a statement of objections to the report of the special master, setting forth all objections to the report and all reasons in opposition to the findings as sufficient grounds for removal.” Tex.R. Rem’l/Ret. Judg. 10(i); see Canales, 113 S.W.3d at 64. “If no statement of objections to the report of the special master is filed within the time provided, the findings of the special master may be deemed as agreed to, and the commission may adopt them without a hearing.” Tex.R. Rem’l/Ret. Judg. 10(j); see Barr, 13 S.W.3d at 533 (op. on orig. submission). “If a statement of objections is filed, or if the commission in the absence of such statement proposes to modify or reject the findings of the special master, the commission shall give the judge and the examiner an opportunity to be heard orally before the commission _” Tex.R. Rem’l/Ret. Judg. 10(j). “The Commission may adopt the Special Master’s findings in whole or in part, modify the findings, totally reject them and enter its own findings, or order a hearing for the taking of additional evidence.” State Comm’n Jud. Conduct Ann. Rep. 12 (2003); see Tex.R. Rem’l/Ret. Judg. 12©(1). “After adopting findings of fact, the Commission issues its conclusions of law.” State Comm’n Jud. Conduct Ann. Rep. 12 (2003); see Tex.R. Rem’l/Ret. Judg. 16. If the Commission does not find good cause for removal or censure, it “may dismiss the case” or order a lesser sanction. Tex.R. Rem’l/Ret. Judg. 10(m); see Ca-nales, 113 S.W.3d at 64. “If, after formal hearing, or after considering the record and report of a Master, the Commission finds good cause therefor,” the Commission may “issue an order of public censure.” Tex. Const, art. V, § l-a(8); see Tex. Gov’t Code Ann. § 33.001(a)(9); Tex.R. Rem’l/Ret. Judg. 10(m). “An order of censure is tantamount to a denunciation of the offending conduct, and is more severe than the remedial sanctions issued prior to a formal hearing.” Tex.R. Rem’l/ Ret. Judg. 10(f). Instead of censure, if the Commission finds good cause, it may “recommend to a review tribunal the removal ... of the person in question holding an office or position” subject to removal under Section 1-a. Tex. Const, art. V, § 1-a(8); see Tex.R. Rem’l/Ret. Judg. 10(m). A recommendation of removal must be “by affirmative vote of six of’ the Commission’s eleven members. Tex.R. Rem’l/Ret. Judg. 10(m); see Tex. Const, art. V, § 1-a(2). “A recommendation of the commission for the removal ... of a judge” is “determined by a review tribunal.” Tex.R. Rem’l/Ret. Judg. 12(a); see Tex. Gov’t Code Ann. § 33.001(a)(9); Tex.R. Rem’l/Ret. Judg. 1(h). “A tribunal to review the Commission’s recommendation for the removal” of a person subject to removal under Section l-a(6) “is composed of seven (7) Justices or Judges of the Courts of Appeals who are selected by lot by the Chief Justice of the Supreme Court” from a member designated by each Court. Tex. Const, art. Y, § l-a(9); see Tex. Gov’t Code Ann. § 33.001(a)(9); Tex.R. Rem’l/ Ret. Judg. 1(h), 12(a). When the Commission recommends removal to a review tribunal, the Commission must “thereupon file with the tribunal the entire record before the Commission.” Tex. Const, art. V, § 1 — a(8); see Tex.R. Rem’l/Ret. Judg. 12(b), 16. The Commission must also “make written findings of fact and conclusions of law with respect to the issues of fact and law in the proceeding.” Tex.R. Rem’l/Ret. Judg. 16. A judge may file with the review tribunal “[a] petition to reject the recommendation of the commission for removal.” See Tex.R. Rem’l/Ret. Judg. 12(c). A judge’s “[fjailure to file a petition within the time provided may be deemed a consent to a determination on the merits based upon the record filed by the commission.” Id. 12(d). The petition must “specify the grounds relied on” and must be accompanied by a brief. Id. 12(c); see id. 12(e). The review tribunal must “review the record of the proceedings on the law and facts.” Tex. Const, art. V, § 1-a(9). “To the extent that they do not conflict with the Rules for Removal or Retirement of Judges, the civil rules of procedure,” including the appellate rules, govern judicial conduct proceedings. Canales, 113 S.W.3d at 66; accord Barr, 13 S.W.3d at 533 (op. on orig: submission); see Tex.R. Rem’l/Ret. Judg. 12(e), (g); Tex.R.App. P. Accordingly, waiver rules apply. “Predicates for complaints on appeal must be preserved at the trial court level by motion, exception, objection, or some other vehicle.” Barr at 555-57 (op. on orig. submission) (citing PGP Gas Prods., Inc. v. Fariss, 620 S.W.2d 559, 560 (Tex.1981)); see Tex.R.App. P. 33.1; City of Fort Worth v. Zimlich, 29 S.W.3d 62, 73 (Tex.2000). “As applied to an action to remove a judge from office,” the judge “and the Commission ... are restricted on appeal to the issues and theories on which the case was tried before the Special Master and presented to the Commission on Judicial Conduct, and the Review Tribunal, absent fundamental error, is not authorized to consider an issue or theory that was not before the trial court.” Barr at 556 (op. on orig. submission) (citing Gulf Consol. Int’l, Inc. v. Murphy, 658 S.W.2d 565, 566 (Tex.1983)); see Universal Health Servs., Inc. v. Renaissance Women’s Group, P.A., 121 S.W.3d 742, 748 (Tex.2003). “Even constitutional arguments not asserted in the trial court are waived on appeal.” Barr at 556 (op. on orig. submission); accord In re L.M.I., 119 S.W.3d 707, 711 (Tex.2003), cert. denied sub nom. Duenas v. Montegut, — U.S. -, 124 S.Ct. 2175, 158 L.Ed.2d 733 (2004). Likewise, the harmless-error rule applies. Lowery, 999 S.W.2d at 651-52; Thoma, 873 S.W.2d at 513; see Tex.R.App. P. 44.1. Also, the Rules of Appellate Procedure governing the form and content of briefs in appellate courts “govern the form and contents of briefs” in review tribunals “except where express provision is made to the contrary or where the application of a particular rule would be clearly impracticable, inappropriate, or inconsistent.” Tex.R. Rem’l/Ret. Judg. 12(e); see Tex.R.App. P. 4, 49 Tex. B.J. 556, 559 (Tex. & Tex.Crim.App.1986) (amended 1997) (current version at Tex.R.App. P. 9); id. 74, 49 Tex. B.J. 556, 579 (Tex. & Tex.Crim.App. 1986) (amended 1997) (current version at Tex.R.App. P. 38). Thus, “as in the case of appeals in civil cases, [in] complaints in cases brought pursuant to the Rules FOR the Removal OR RetiRement of Judges, failure to advance legal analysis, legal citations, and appropriate references to the record will serve as the foundation for waiver of such complaints on appeal.” Candles at 72 (citing Fredonia State Bank v. Gen. Am. Life Ins. Co., 881 S.W.2d 279, 284 (Tex.1994)); accord Barr at 555 (op. on orig. submission); see Tex.R.App. P. 38.1(h); Wilmer-Hutchins Indep. Sch. Dist. v. Smiley, 97 S.W.3d 702, 706 (Tex.App.—Dallas 2003, pet. denied). Such complaints should be overruled as inadequately briefed. See Tex.R.App. P. 38.1(h); Vickery v. Vickery, 999 S.W.2d 342, 352-53 (Tex.1999); McCarthy v. State, 65 S.W.3d 47, 49 n. 2 (Tex.Crim. App.2001), cert, denied, 536 U.S. 972, 122 S.Ct. 2693, 153 L.Ed.2d 862 (2002). We recognize that the number of judicial conduct cases in Texas is fortunately small. See Canales at 64. But even in making an argument for which there is no authority directly on point, a party “must ground his contention in analogous case law or provide the Court with the relevant jurisprudential framework for evaluating his claim.” Tong v. State, 25 S.W.3d 707, 710 (Tex.Crim.App.2000) (op. on orig. submission). “Within 90 days after the date on which the record is filed with the review tribunal,” the tribunal must “order public censure ... or removal, as it finds just and proper, or wholly reject the recommendation.” Tex. Const, art. V, § l-a(9). “The review tribunal, in ... an order for removal, may prohibit” a judge “from holding judicial office in the future.” Id. The Constitution provides that “[u]pon ... an order for removal, the office in question shall become vacant.” Id. “A motion for rehearing” of the review tribunal’s judgment “may not be filed as a matter of right.” Tex.R. Rem’l/Ret. Judg. 14. The review tribunal’s judgment “may direct that no motion for rehearing will be entertained, in which event the judgment will be final on the day and date of its entry.” Id. “If the ... review tribunal does not so direct and the judge wishes to file a motion for rehearing,” he or she must timely “present the motion together with a motion for leave to file the same to the clerk of the ... review tribunal....” Id. The review tribunal may take “such action as” it “deems proper.” See id. A judge “may appeal a decision of the review tribunal to the Supreme Court under the substantial evidence rule.” Tex. Const, art. V, § 1 — a(9); see Tex.R. Rem’l/ Ret. Judg. 13. PROCEDURAL HISTORY This statement of the facts is based largely on the findings of the Commission. (See IV C.R. No. 58.) Because of the exceptional nature of the proceedings, we set out the facts in some detail. Events Leading to the Complaint Filed by Dallas County Commissioners Court Judge Rose took office as Justice of the Peace, Precinct 8, Place 1, Dallas County, Texas, in 1989. (TV C.R. No. 58, at [2], Find. 1.) Judge Rose’s court first began to have administrative problems at least as early as April 1992. At that time, Judge Rose’s chief clerk was Belinda Brown. (IV C.R. No. 58, at 9, Find. 38.) From April through October 1992, the court failed to file monthly activity reports with the Dallas County budget office. (Exam’r Ex. E-2, at 3, No. 17; see IV C.R. No. 58, at 3, Find. 9.) The county budget office required monthly reports. (IV C.R. No. 58, at 10, Find. 45); see Tex. Loc. Gov’t Code Ann. § 111.065 (Vernon 1999). The activity report reported the number of cases filed and the number disposed of in each of several categories. (See Exam’r Ex. E-35.) In November 1992, Judge Rose was reelected. (See I R.R. at 18, 82-83.) In November and December 1992, the court failed to file monthly activity reports. (See TV C.R. No. 58, at 3, Find. 9.) In December 1992, the court first began to have financial problems. On December 23, 1992, the Dallas County Auditor conducted a cash count in the court. (IV C.R. No. 58, at 3, Find. 8; id. at 4, Find. 11.) The count found thirty unreceipted checks totaling $3,668.50 and $430 in unre-ceipted cash. (Id.) As the current Dallas County Auditor, Virginia Porter, testified at the evidentiary hearing, the problem with receiving funds without issuing a receipt is that “it’s a high internal control risk because there is no way to test that that money came in and was recorded properly or was missing.” (II R.R. at 217.) The earliest date on an unreceipted check was September 9, 1992. (IV C.R. No. 58, at 3, Find. 8.) On December 29, 1992, the auditor addressed a letter to Judge Rose. (IV C.R. No. 58, at 3, Find. 8; Exam’r Ex. E-l.) The auditor informed Judge Rose of the results of the recent cash count. (Id.) The auditor reminded Judge Rose of his duty to receipt monies received by the court timely, and to deposit them timely. (Id.) The auditor recommended to Judge Rose that “all monies received by [his] court be promptly receipted and deposited consistent with State Law and procedures promulgated by the County Auditor.” (Exam’r Ex. E-l (emphasis in orig.).) Judge Rose’s chief clerk discussed the letter with him. (IV C.R. No. 58, at 3, Find. 8.) In January 1993, the court did not file a monthly activity report. (See IV C.R. No. 58, at 3, Find. 9.) On January 25, 1993, the auditor conducted a cash count in the court. (IV C.R. No. 58, at 4, Find. 11; Exam’r Ex. E-2, at [1], Find. 1; see TV C.R. No. 58, at 3, Find. 9.) The count found seven unreceipted checks totaling $544.00 and $364.00 in un-receipted cash. (Exam’r Ex. E-2, at [1], Find. 1.) On February 12, 1993, the auditor conducted a cash count in the court. (IV C.R. No. 58, at 4, Find. 11; Exam’r Ex. E-2, at [1]; see IV C.R. No. 58, at 3, Find. 9.) The count found twenty-one unreceipted checks totaling $2,705.02 and $300.00 in unreceipt-ed cash. (Exam’r Ex. E-2, at [1], Find. 1.) In February through May 1993, the court did not file monthly activity reports. (See IV C.R. No. 58, at 3, Find. 9.) On May 28, 1993, the auditor addressed to Judge Rose a memorandum concerning an audit of the court for Fiscal Years 1989 and 1990. (IV C.R. No. 58, at 3, Find. 9; Exam’r Ex. E-2.) The audit found “several depositing discrepancies.” (TV C.R. No. 58, at 3, Find. 9.) Among these discrepancies was that actual deposits for the audit period were $991.50 less than the totals reported by the court. (Exam’r Ex. E-2, at 2, Find. 8.) The audit also found that the court failed to issue ■writs of capias timely. (IV C.R. No. 58, at 3, Find. 9.) The audit found that, in forty-one cases in which Judge Rose had allowed the defendant an extension of time in which to pay a fine, the defendant had not made payment, but the court had nonetheless failed to issue a capias. (Exam’r Ex. E-2, at 3, Find. 10.) The audit also found “improper fees or fines.” (IV C.R. No. 58, at 3, Find. 9.) The court sometimes failed to charge a fee required by law, and sometimes charged a fee less than or greater than that required by law. (Exam’r Ex. E-2, at 2, Find. 9.) Fees were sometimes applied to the wrong case or the wrong court. (Id. at 3, Find. 16.) Fines paid through the Dallas County Sheriff were not posted at all. (Id., Find. 15.) The audit also found that “many cases could not be found or properly identified.” (IV C.R. No. 58, at 3, Find. 9.) The court could not find case files for twenty-four cases. (Exam’r Ex. E-2, at 3, Find: 13.) Also, no cases were found at all for four citations filed by the sheriff in the court. (Id., Find. 14.) The memorandum also noted that the court did not make a deposit on January 10, 1993, and did not make that deposit until January 26. (Id. at [1], Find. 2.) The auditor recommended to Judge Rose that “[a]ll funds received by court personnel should be receipted immediately .... No one should tender money to court [sic] without receiving an official county receipt.” (Id. at 4, Recommend. 1 (emphasis in orig.).) The auditor also recommended that “[e]very case filed in the court should be posted to the JP accounting system as soon as possible.” (Id., Recommend. 7.) The auditor also reminded Judge Rose of the duty to file monthly activity reports, and of their importance: “These reports provide essential information for staffing as well as revenue projections and fee analyses.” (Id., Recommend. 14.) Belinda Brown discussed the audit memorandum with Judge Rose. (TV C.R. No. 58, at 3, Find. 9.) On November 12, 1993, the auditor performed a cash count in the court. (IV C.R. No. 58, at 4, Find. 11; Exam’r Ex. E-3; see IV C.R. No. 58, at 3, Find. 10.) The count found twenty unreceipted checks or money orders totaling $4,503.47 and $10 in unreceipted cash. (IV C.R. No. 58, at 3, Find. 10; Exam’r Ex. E-3.) The oldest unreceipted check was dated November 30, 1992. (TV C.R. No. 58, at 3, Find. 10.) One check, in the amount of $2,792.14, was dated April 9,1993. (Id.) On November 24, 1993, the auditor conducted a follow-up count. (Exam’r Ex. E-3; see IV C.R. No. 58, at 3, Find. 10.) Of the checks identified on November 12 as being unreceipted, only one had been receipted. (IV C.R. No. 58, at 3, Find. 10.) On December 3, 1993, the auditor addressed a memorandum to Judge Rose concerning the November cash count and follow-up count. (IV C.R. No. 58, at 3, Find. 10; Exam’r Ex. E-3.) The auditor recommended to Judge Rose that “all monies received in [his] court be promptly receipted and deposited consistent with State Law and procedures promulgated by the County Auditor.” (Exam’r Ex. -E-3 (emphasis in orig.).) Belinda Brown discussed the memorandum with Judge Rose. (IV C.R. No. 58, at 3, Find. 10.) On March 24, 1994, the auditor conducted a cash count in the court. (IV C.R. No. 58, at 4, Find. 11; Exam’r Ex. E-4.) The count found nine unreceipted checks totaling $3,330.16 and $22.00 in unreceipted cash. (Id.) On March 29, 1994, the auditor addressed to Judge Rose a memorandum concerning the previous five cash counts in the court. (IV C.R. No. 58, at 4, Find. 11; Exam’r Ex. E-4.) The auditor again recommended to Judge Rose that “all monies received by [his] court be promptly receipted and deposited consistent with State Law and procedures promulgated by the County Auditor.” (IV C.R. No. 58, at 4, Find. 11 (emphasis in orig.); see Exam’r Ex. E-4.) The auditor notified Judge Rose that, “as many uncashed checks are void after 90 days, failure to promptly deposit may mean lost revenue for the county.” (Exam’r Ex. E-ri.) Belinda Brown discussed the memorandum with Judge Rose. (IV C.R. No. 58, at 4, Find. 11.) In June 1994, the court did not file a monthly activity report. (See IV C.R. No. 58, at 4, Find. 12.) On June 19, 1994, Belinda Brown left the court. (V R.R. at 1050.) In July 1994 through February 1995, the court did not file monthly activity reports. (See IV C.R. No. 58, at 4, Find. 12.) By March 1995, Judge Rose had hired Freddie Brown as his chief clerk. (See Resp’t Ex. R-36, at [1].) In March 1995, the court did not file a monthly activity report. (See IV C.R. No. 58, at 4, Find. 12.) On April 11, 1995, the auditor addressed to Judge Rose a memorandum concerning undeposited checks. (IV C.R. No. 58, at 4, Find. 12; Exam’r Ex. E-5.) The auditor provided specific guidelines on how to deal with the court’s stale, undeposited checks. (Exam’r Ex. E-5 app.) The auditor also noted that the court had not filed a monthly activity report since May 1994, and stated, “it is critical that the delinquent reports be filed ....” (Exam’r Ex. E-5, at [1].) On March 14, May 8, and August 20, 1996, the auditor conducted cash counts in the court. (Exam’r Ex. E-15, at 2, Find. 1; see IV C.R. No. 58, at 6, Find. 22(a).) The counts found “[l]arge numbers of un-receipted checks and money orders.” (Exam’r Ex. E-15, at 2, Find. 1; see IV C.R. No. 58, at 6, Find. 22(a).) Several of the checks were stale and no longer valid. (See id.) Most of the checks had not been restrictively endorsed upon receipt. (Exam’r Ex. E-15, at 2, Find. 1; see IV C.R. No. 58, at 6, Find. 22(a).) In November 1996, Judge Rose was reelected. (See I R.R. at 18, 82-83.) On December 6, 1996, the auditor conducted a cash count in the court, after the treasurer found a cash shortage of $367 in one of the court’s deposits. (Exam’r Ex. E-6; see IV C.R. No. 58, at 4, Find. 13.) The count found forty-four unreceipted checks totaling $8,896.06. (Exam’r Ex. E-6; see IV C.R. No. 58, at 4, Find. 13.) The oldest check was dated November 16, 1995. (Exam’r Ex. E-6.) On December 6, 1996, the auditor reported to Judge Rose on the cash count of the same date. (IV C.R. No. 58, at 4, Find. 13; Exam’r Ex. E-6.) The auditor found that the court had used cash overages to maintain a petty cash fund and to make purchases, contrary to county policy. (Exam’r Ex. E-6, at 1, Find. 3.) The auditor recommended to Judge Rose that “[a]ll monies received by [his] court should be promptly deposited consistent with State law and procedures promulgated by the County Auditor.” (Id. at 2, Recommend. 2; see TV C.R. No. 58, at 4, Find. 13.) The auditor also recommended that “[a]ll unre-ceipted cash should either be posted to the proper case and [sic] fees or as a cash overage, as appropriate.” (Exam’r Ex. E-6, at 2, Recommend. 3.) On March 27, 1997, the auditor performed a cash count in the court. (IV C.R. No. 58, at 4, Find. 14; Exam’r Ex. E-7, at [1].) The auditor found unreceipted funds totaling $17,809.95. (Id.) The oldest item was dated October 1995. (Id.) On March 28 and April 4, 1997, the court’s deposits contained discrepancies that had to be corrected after the fact by county Data Services. (IV C.R. No. 58, at 4, Find. 14; Exam’r Ex. E-7, at [1].) On April 14, 1997, the auditor addressed a memorandum to Judge Rose concerning undeposited funds. (IV C.R. No. 58, at 4, Find. 14; Exam’r Ex. E-7.) The auditor also reported the recent deposit discrepancies. (IV C.R. No. 58, at 4, Find. 14; Exam’r Ex. E-7, at [1].) The auditor noted: “Since December 23, 1992, cash counts performed in the court have found unre-ceipted funds on hand. Management letters have addressed overages and directed court personnel to promptly receipt and deposit all funds received.” (Exam’r Ex. E-7, at [1].) The auditor also warned: Section 113.022 of the Government Code [sic] requires a county officer to deposit funds with the County Treasurer on or before the next regular business day after the date on which the funds are received. If this deadline is not met, the officer must deposit the funds, without exception, on or before the seventh business day after the day on which the funds are received.[] (Exam’r Ex. E-7, at [1]; see IV C.R. No. 58, at 4, Find. 14; id., at 10, Find. 45.) The auditor explained, “Failure to receipt and deposit items in a timely fashion result [sic] lost revenue to Dallas County and potential internal control problems.” (Exam’r Ex. E-7, at [1].) On September 17, 1997, the auditor addressed to Judge Rose a memorandum concerning an audit of the court for Fiscal Years 1993 through 1995. (IV C.R. No. 58, at 4, Find. 15; Exam’r Ex. E-8.) The audit found “[l]arge numbers of unreceipt-ed checks, money orders and cash ... on hand during cash counts performed since” Fiscal Year 1993, with most checks “not being restrictively endorsed upon receipt.” (Exam’r Ex. E-8, at 2, Find. 1; see IV C.R. No. 58, at 4, Find. 15.) The audit also found that 72.5% of receipts reviewed “contained errors in deposit coding and/or in the amount collected,” such as “[depositing fees for” the Dallas Area Rapid Transit system “into State fees ... instead of ... the special fund.” (Exam’r Ex. E-8, at 2, Finds. 6, 6(a); see IV C.R. No. 58, at 4, Find. 15.) The audit also found discrepancies in the court’s monthly activity reports. (Exam’r Ex. E-8, at 2, Find. 3.) The court had a backlog of 2,610 traffic cases and 1,044 bad-check cases, which had not been entered into the Justice of the Peace Accounting System (“JPAS”), but were nonetheless included in activity reports. (Id. at 3, Find. 11.) This overstated the court’s cases by at least fifteen percent, and by as much as forty-six percent in Fiscal Year 1995. (IcL) The audit also found that the court was still using cash overages to fund purchases, rather than depositing and reporting them. (Id. at 2, Find. 2.) The audit also found discrepancies in the court’s employees’ time and attendance records. (Id. at 3, Find. 16.) The auditor recommended to Judge Rose: “Monies collected should be receipted and deposited timely. Checks should be re-strietively endorsed upon receipt. (See Section 113.022 of the Local Government Code).” (Id. at 4; see IV C.R. No. 58, at 4, Find. 15.) The auditor also recommended, “Court costs should be assessed and deposited on all cases based on State laws, Commissioners Court orders, etc.” (Exam’r Ex. E-8, at 4, Recommend. 6; see IV C.R. No. 58, at 4, Find. 15.) The auditor further recommended, “Cases should be entered on the JP accounting system before they are included on the monthly activity reports.” (Exam’r Ex. E-8, at 4, Recommend. 12.) The auditor also recommended that the time and attendance records be corrected. (Id., Recommend. 16.) In October 1997, Judge Rose hired a new bookkeeper. (See Resp’t Ex. R-36, at [3].) On November 10, 1997, the auditor conducted a cash count in the court. (IV C.R. No. 58, at 4, Find. 16; id. at 5, Find. 19(b); Exam’r Ex. E-12, at 2, Find. 3; Exam’r Ex. E-54, at 3, Find. 3.) The count found a backlog of $11,184.54 in unreceipted checks, of which more than half were more than thirty days old and some more than a year old. (Id.) On December 5, 1997, the auditor conducted a cash count in the court. (See Exam’r Ex. E-54, at 1; Exam’r Ex. E-12, at 1; IV C.R. No. 58, at 4, Find. 16.) The count found undeposited funds from as long before as October 5, totaling $50,943. (IV C.R. No. 58, at 4, Find. 16; Exam’r Ex. E-54, at 1.) On December 8, 1997, the auditor conducted a cash' count in the court. (IV C.R. No. 58, at 4, Find. 16; id. at 5, Find. 19(b); Exam’r Ex. E-12, at 2, Find. 3; Exam’r Ex. E-54, at 3, Find. 3.) The count found a backlog of $8,934.25 of unreceipted checks, of which more than half were more than thirty days old and some more than a year old. (Id.) On January 6, 1998, the auditor conducted a cash count in the court. (TV C.R. No. 58, at 4, Find. 16; id. at 5, Find. 19(b); Exam’r Ex. E-12, at 2, Find. 3; Exam’r Ex. E-54, at 3, Find. 3.) The count found a backlog of $5,060.37 of unreceipted checks, of which more than half were more than thirty days old and some more than a year old. (Id.) On January 26, 1998, the auditor forwarded to Judge Rose a draft audit report. (IV C.R. No. 58, at 4, Find. 16; see Exam’r Ex. E-54.) The audit found that “repeated deposit delays had occurred throughout 1997.” (IV C.R. No. 58, at 4, Find. 16; see Exam’r Ex. E-54, at 2.) The auditor warned Judge Rose, “The delays represent noncompliance with V.T.C.A., Local Government Code, § 113.022 which requires deposit on or before the seventh business day after the day on which the funds are received.” (Exam’r Ex. E-54, at 2, Find. 1; see IV C.R. No. 58, at 4, Find. 16.) The auditor reminded Judge Rose that “[c]on-tinual deposit delays provide opportunities for lapping.” (Exam’r Ex. E-54, at 3.) The auditor requested Judge Rose’s response by February 6, 1998. (Id. at 1.) Judge Rose did not respond. (IV C.R. No. 58, at 5, Find. 17.) On February 18, 1998, Dallas County field auditor Bill Wallace personally delivered a copy of the January 26 draft audit report to Judge Rose, discussed it with him, and “emphasized certain findings to the Judge related to deposit problems of the court.” (IV C.R. No. 58, at 5, Find. 17; see V R.R. at 856.) On March 11, 1998, Judge Rose told Wallace that “he did not want to meet with the County auditor; he’s too busy.” (IV R.R. at 785; V id. at 860; see Resp’t Ex. R-4, at [2], # 8; Resp’t Ex. R-32; TV C.R. No. 58, at 5, Find. 17.) On March 18, 1998, Judge Rose again refused to meet with the auditor. (See IV C.R. No. 58, at 5, Find. 17.) On both occasions, Judge Rose directed Wallace to the chief clerk. (Id.) In the spring of 1998, Wallace discussed with Judge Rose the conduct of Judge Rose’s chief clerk, Freddie Brown. (IV C.R. No. 58, at 5, Find. 18.) Wallace believed that Brown was “grossly incompetent.” (Id.; see V R.R. at 878, 879-80, 883.) Judge Rose took no action with regard to Brown. (IV C.R. No. 58, at 5, Find. 18.) On May 5, 1998, the auditor addressed a memorandum regarding deposit problems to Judge Rose. (IV C.R. No. 58, at 5, Find. 19; Exam’r Ex. E-12.) The memorandum found “depositing problems and delays” in the court “throughout calendar year 1997” and 1998. (IV C.R. No. 58, at 5, Find. 19; see Exam’r Ex. E-12, at 1.) The auditor again warned Judge Rose, “The delays represent noncompliance with V.T.C.A., Local Government Code, § 113.022, which requires deposit on or before the seventh business day after the day on which the funds are received.” (Exam’r Ex. E-12, at 1, Find. 1; see IV C.R. No. 58, at 5, Find. 19.) Among those problems, the auditor found a “[ljack of written procedures for the new bookkeeper to follow in the re-eeipting/balancing process.” (Exam’r Ex. E-12, at 1; see IV C.R. No. 58, at 5, Find. 19(a).) The auditor also found “[n]o evidence of priority assigned to problem resolution for financial transactions.” (Exam’r Ex. E-12, at 2, Find. 8; see IV C.R. No. 58, at 5, Find. 19(c).) The auditor also found an unresolved cash shortage, and again found that cash overages were being used for petty cash funds and to fund purchases. (Exam’r Ex. E-12, at 3, Find. 4.) The auditor recommended, “Deposits should be made in a timely fashion to comply with State statutes and County policies.” (Id. at 2, Recommend. 1; see IV C.R. No. 58, at 5, Find. 19.) The auditor also recommended, “All cash shortages should be reported timely according to the County Policies and Procedures manual.” (Exam’r Ex. E-12, at 3, Recommend. 6; see TV C.R. No. 58, at 5, Find. 19.) On May 8, 1998, the auditor addressed to Judge Rose a memorandum concerning disbursements and receipt corrections. (IV C.R. No. 58, at 5, Find. 20; see Exam’r Ex. E-13.) The auditor notified Judge Rose that the court had not posted the majority of its special-funds checks issued after Fiscal Year 1996 to the Justice of the Peace Accounting System. (IV C.R. No. 58, at 5, Find. 20; Exam’r Ex. E-13.) The auditor also notified Judge Rose that the court had not made receipt corrections that the auditor had requested on May 1. (Id.) The auditor stated the importance of these matters: “Amounts should be posted to the correct receipt code to ensure funds due the State of Texas or other governmental entities are properly remitted.” (Exam’r Ex. E-13.) On September 18,1998, the auditor conducted a cash count in the court. (IV C.R. No. 58, at 5, Find. 21; Exam’r Ex. E-14.) The count found ninety-three unreceipted checks or money orders totaling $13,878.12, and $120 in unreceipted cash. (Id.) Almost half of the checks and money orders were over thirty days old, and the earliest was dated October 16, 1995. (Id.) Over Fiscal Years 1999 through 2001, a clerk embezzled at least $4,000 from the court. (Resp’t Ex. R-34; IV R.R. at 811— 13.) On October 7, 1998, the auditor addressed a memorandum to Judge Rose concerning the September cash count. (IV C.R. No. 58, at 5, Find. 21; Exam’r Ex. E-14.) The memorandum found deposit delays that “represent[ed] noncompliance with V.T.C.A., Local Government Code, § 113.022 which requires deposit on or before the seventh business day after funds are received.” (Exam’r Ex. E-14, Find. 2; see IV C.R. No. 58, at 5, Find. 21.) The auditor recommended, “Deposits should be made timely to comply with State statutes and County policies.” (Exam’r Ex. E-14, Find. 2; see IV C.R. No. 58, at 5, Find. 21.) On March 15, 1999, the auditor addressed to Judge Rose a memorandum concerning an audit of his court for Fiscal Year 1996. (IV C.R. No. 58, at 6, Find. 22; Exam’r Ex. E-15.) The audit found “[l]arge numbers of unreceipted checks and money orders on hand” throughout the year. (Exam’r Ex. E-15, at 2, Find. 1; see IV C.R. No. 58, at 6, Find. 22(a).) The audit also found several categories of errors in deposit coding and fee assessment, including special-fund errors. (IV C.R. No. 58, at 6, Find. 22(b); Exam’r Ex. E-15. at 2, Finds. 6-7, 10.) The audit found several discrepancies in monthly activity reports, including an overstatement of cases processed by thirty-seven percent. (IV C.R. No. 58, at 6, Find. 22(c); Exam’r Ex. E-15, at 3, Find. 11.) The audit also found that although the majority of defendants on payment plans were not making timely payments no capias was issued for them. (IV C.R. No. 58, at 6, Find. 22(d); Exam’r Ex. E-15, at 2, Find. 8.) The auditor recommended: “Monies collected ... should be receipted and deposited timely. Checks should be restrictively endorsed upon receipt (See Section 113.022 of the Local Government Code).” (Exam’r Ex. E-15, at 3, Recommend. 1; IV C.R. No. 58, at 6, Find. 22.) The auditor also recommended, “Court costs should be assessed and deposited on all cases based on State laws, Commissioners Court orders, etc.” (Exam’r Ex. E-15, at 4, Recommend. 6; IV C.R. No. 58, at 6, Find. 22.) The auditor also recommended, “A capias should be issued for all cases where payment terms are not met.” (Exam’r Ex. E-15, at 4, Recommend. 8.) On March 19, 1999, the auditor addressed to Judge Rose a memorandum concerning disbursements and receipt corrections. (IV C.R. No. 58, at 6, Find. 23; Exam’r Ex. E-16.) The auditor reminded Judge Rose of the failings in those areas that she had identified in her memorandum of May 8, 1998. (Exam’r Ex. E-16; see IV C.R. No. 58, at 6, Find. 23; cf. Exam’r Ex. E-13.) The auditor notified Judge Rose that those errors had not been corrected. (Exam’r Ex. E-16; see IV C.R. No. 58, at 6, Find. 23.) The auditor notified Judge Rose, “Special fund checks that have been disbursed, but not posted to the JPAS represent your staffs failure to properly perform their job responsibilities.” (Exam’r Ex. E-16; see IV C.R. No. 58, at 6, Find. 23.) The auditor notified Judge Rose that the amount of the court’s errors exceeded the value of Judge Rose’s bond. (Exam’r Ex. E-16.) In late March 2000, Bill Wallace again discussed with Judge Rose the chief clerk, Freddie Brown. (IV C.R. No. 58, at 6, Find. 24.) Wallace still believed Brown to be “grossly incompetent.” (See id; V R.R. at 878, 879-80.) Judge Rose told Wallace that during Judge Rose’s campaign for Congress in 1975, Brown “had helped him greatly,” that “he was very, very loyal to Freddie Brown,” and that “Freddie Brown would remain with him as his chief clerk as long as he was the justice of the peace.” (V R.R. at 882; see IV C.R. No. 58, at 6, Find. 24.) Judge Rose then said, “that’s all I want to hear about — I don’t want to hear about this again.” (V R.R. at 882; see IV C.R. No. 58, at 6, Find. 24.) On March 28, 2000, the auditor conducted a cash count in the court. (Exam’r Ex. E-18, at [1], Find. 1; see IV C.R. No. 58, at 7, Find. 27.) The count found 226 unre-ceipted checks and money orders totaling $32,459.25. (IV C.R. No. 58, at 7, Find. 27; Exam’r Ex. E-18, at [1], Find. 1; Exam’r Ex. E 43.) Of those, three belonged to another court, two pertained to cases that had been dismissed, and two were personal checks, notwithstanding the court’s policy not to accept personal checks. (Exam’r Ex. E-18, at [1], Find. 1; see IV C.R. No. 58, at 7, Finds. 27(b)-(d).) On April 4, 2000, on the instructions of the auditor, field auditor Wallace took the unreceipted checks to the auditor’s office. (TV R.R. at 796-97; V id at 866.) Judge Rose was not in the court at the time. (IV id at 796.) When Wallace returned to the court, he found Judge Rose “in a state of rage.” (Id at 817.) Judge Rose demanded the checks back. (Id) Judge Rose cursed Wallace out for at least two hours, using foul language. (Id at 817, 818.) Wallace testified that he had only been cursed at worse once, by four Marines when he was in boot camp. (Id at 818.) Wallace refused to return to finish the audit, and had to take two days off from work because of high blood pressure resulting from his encounter with Judge Rose. (Id at 819-20.) On April 4, 2000, the auditor, the county’s audit supervisor, and a county commissioner met with Judge Rose concerning the undeposited $32,500. (IV C.R. No. 58, at 6, Find. 25.) Judge Rose was “displeased” and “upset” about the removal of the checks. (II R.R. at 247.) The auditor again gave Judge Rose copies of previous audit reports. (IV C.R. No. 58, at 6, Find. 25.) The parties to the meeting “pointedly discussed” the statutory requirements for the deposit of funds with the treasurer. (Id) The auditor did not deposit the checks, but returned them to Judge Rose. (II R.R. at 206.) On April 25, 2000, the Dallas County Commissioners Court addressed a letter to Judge Rose and the other justices of the peace in the county. (IV C.R. No. 58, at 6, Find. 26; Exam’r Ex. E-17.) The Commissioners Court forwarded a memorandum from the Dallas County District Attorney, which stated: [Tjhere are primarily two State statutes that govern a Justice of the Peace’s obligations to deposit money. The first statute is Section 113.022 of the Local Government Code and the second is Article 103.004 of the Code of Criminal Procedure.[] Both of these statutes place a duty on a county officer to deposit funds they have received with the County Treasurer on or before the next regular business day after the date on which the funds have been received. These statutes also recognize that in some eases the next day may not be possible and adds [sic] that in those cases, without exception, funds must be deposited on or before the seventh business day for funds belonging to the County and no more than the third business day for funds belonging to the State of Texas. [W]hen the County Auditor finds funds have not been timely deposited it shall be reported to the Commissioners Court at their next meeting for the purpose of initiating a suit for recovery of the outstanding monies. (Exam’r Ex. E-17, at [1] (emphasis in orig.); see IV C.R. No. 58, at 6, Find. 26.) The Commissioners Court added: Based on the severity of the recent failure of a Justice of the Peace to timely deposit County and State funds, in the future when we are informed by the County Auditor of an official’s failure to carry out their responsibilities in a proper and lawful manner we will contact this official and offer to assist them in gaining immediate compliance. If the official does not cooperate or take necessary remedial actions, we will inform the District Attorney of our findings and ask that they compel the officer to properly perform their duties. [sic] (Exam’r Ex. E-17, at 2; see IV C.R. No. 58, at 6, Find. 26.) On April 27, 2000, the auditor conducted a cash count in Judge Rose’s court. (Exam’r Ex. E-18, at [1], Find. 1; see IV C.R. No. 58, at 7, Find. 27.) The count found that of the $32,500 backlog found on March 28, forty checks and money orders totaling $5,338.50 remained undeposited. (Exam’r Ex. E-18, at [1], Find. 1; see IV C.R. No. 58, at 7, Find. 27(e).) On May 2, 2000, the auditor addressed a memorandum concerning undeposited funds to Judge Rose. (IV C.R. No. 58, at 7, Find. 27; Exam’r Ex. E-18.) The memorandum reported on the backlog found on March 28 and the court’s efforts to dispose of it. (Id.) The report noted: We previously addressed deposit delays with your court in various memos since 1992. V.T.C.A., Local Government Code, § 113.022 requires that a county officer who receives funds shall deposit the funds with the county treasurer on or before the next regular business day after the date funds are received. If the deadline is not met, the officer must deposit the funds, without exception, on or before the seventh business day after the day funds are received. (Exam’r Ex. E-18, at 2 (emphasis in orig.); see IV C.R. No. 58, at 7, Find. 27.) The report generally recommended, “Computer receipts should be issued and deposits made in a timely manner to comply with State statutes and County policies.” (Exam’r Ex. E-18, at 2, Recommend. 1; see IV C.R. No. 58, at 7, Find. 27.) The report also made some dozen specific recommendations for dealing with the court’s unreceipted and undeposited funds. (Exam’r Ex. E-18, at 2.) Beginning on June 2, 2000, the court was closed to the public on Friday afternoons in order to allow the staff additional time to process the week’s cases and the court’s backlog. (IV C.R. No. 58, at 7, Find. 28.) Nonetheless, the court made no progress against the backlog. {Id.; Ill R.R. at 500.) On September 11, 2000, the auditor addressed a memorandum to Judge Rose concerning deposit shortages and other problems in the court. (IV C.R. No. 58, at 7, Find. 29; Exam’r Ex. E-19.) The auditor noted, “Undeposited funds have been addressed repeatedly, but most recently in a memo dated May 2, 2000.” (Exam’r Ex. E-19, at 3, Recommend. 3(c).) The auditor generally recommended: All funds received should be immediately receipted and deposited. V.T.C.A., Local Government Code, § 113.022 requires that a county officer who receives funds shall deposit the funds with the county treasurer on or before the next regular business day after the date on which the funds are received. If the deadline is not met, the officer must deposit the funds, without exception, on or before the seventh business day after the day on which the funds are received. (Id. (emphasis in orig.); see IV C.R. No. 58, at 7, Find. 29.) The auditor also made several specific recommendations for dealing with deposit shortages. (Exam’r Ex. E-19, at 2-3.) The auditor also required written monthly status reports and a briefing to the Commissioners Court on the deposit shortages. (Id. at 3.) In November 2000, Judge Rose was reelected. (See I R.R. at 18, 82-83.) On November 29, 2000, the auditor addressed to Judge Rose a memorandum concerning undeposited funds and late deposits. (IV C.R. No. 58, at 7-8, Find. 30; Exam’r Ex. E-20.) The auditor reported, “Unacceptable delays on deposits and processing are noted for this court.” (Exam’r Ex. E-20, at [1].) The auditor also reported: A review of current deposit trends by your court reveals continued noncompliance with V.T.C.A., Local Government Code, § 113.002 which requires that a county officer who receives funds shall deposit the funds with the county treasurer on or before the next regular business day after the date on which the funds are received. If the deadline is not met, the officer must deposit the funds, without exception, on or before the seventh business day after the day on which the funds are received. (Id. (emphasis in orig.).) The auditor found undeposited checks and money orders totaling $37,885.25 and $45,761.50 in undeposited cash from as far back as September 23. (Id.; see IV C.R. No. 58, at 7, Finds. 30(a)-(c).) The auditor also found deposits of checks and money orders totaling $25,187.25 and $14,745.25 in cash that were late by as much as forty-one days. (Exam’r Ex. E-20, at 2; see TV C.R. No. 58, at 8, Finds. 30(d)-(f).) The auditor noted, “Undeposited funds have been addressed repeatedly to your court, but to no avail.” (Exam’r Ex. E-20, at [1]; see IV C.R. No. 58, at 7.) The auditor also noted, “Significant deficiencies with established internal controls related to cash handling and deposit procedures have been noted previously.” (Exam’r Ex. E-20, at 2; see IV C.R. No. 58, at 7, Find. 30.) The auditor recommended that “all outstanding receipted funds be deposited immediately with the County Treasurer.” (Exam’r Ex. E-20, at 2 (emphasis in orig.); see IV C.R. No. 58, at 7, Find. 30.) The auditor also stated, “Compliance with statutory deposit requirements must be followed.” (Exam’r Ex. E-20, at 3 (emphasis in orig.); see IV C.R. No. 58, at 7, Find. 30.) On December 7, 2000, the auditor addressed a memorandum to Judge Rose concerning an audit of the court for Fiscal Years 1997 and 1998. (IV C.R. No. 58, at 8, Find. 31; Exam’r Ex. E-21.) The audit found cash shortages, problems in deposits, and other problems. (IV C.R. No. 58, at 8, Find. 31; Exam’r Ex. E-21, at 2-3.) The court’s receipts that the auditor reviewed had an error rate of sixty-one percent in posting fees and fines. (Exam’r Ex. E-21, at 3, Find. 6; see IV C.R. No. 58, at 8, Find. 31.) The court’s reports of cases filed were again overstated, by 158.8% for criminal cases in Fiscal Year 1997 and by 72.1% in Fiscal Year 1998. (Exam’r Ex. E-21, at 2, Find. 4.) The court either had not posted or had incorrectly posted all special-fund checks issued. (Id. at 3, Find. 8; see IV C.R. No. 58, at 8, Find. 31.) The memorandum also noted that by April 2000 the court had a backlog of 6,000 unprocessed traffic citations and 1,400 unprocessed bad-check cases. (Exam’r Ex. E-21, at 3, Find. 10; see IV C.R. No. 58, at 8, Find. 31.) The auditor recommended: Monies collected should be deposited timely. V.T.C.A., Local Government Code, § 113.022 requires that a county officer who receives funds shall deposit the funds with the county treasurer on or before the next regular business day after the date on'which the funds are received. If the deadline is not met, the officer must deposit the funds, without exception, on or before the seventh business day after the day on which the funds are received. (Exam’r Ex. E-21, at 4, Recommend. 1 (emphasis in orig.); see IV C.R. No. 58, at 8, Find. 31.) The auditor also recommended, “Court costs and fines should be properly assessed/collected and deposited on all cases based on State Laws, Commissioners Court orders, etc.” (Exam’r Ex. E-21, at 4, Recommend. 6; see IV C.R. No. 58, at 8, Find. 31.) The auditor also recommended: “Activity reports should be submitted monthly and corrected if errors are later identified.... Cases should only be reported on the activity reports that have been processed to the JPAS system for the month which is being reported.” (Exam’r Ex. E-21, at 4, Find. 4.) On February 5, 2001, the auditor addressed to the District Attorney’s Office a memorandum on undeposited funds in the court. (IV C.R. No. 58, at 8, Find. 32; Exam’r Ex. E-22.) The memorandum reported the undeposited funds of which the auditor had notified Judge Rose in her memorandum of November 29, 2000. (See Exam’r Ex. E-22; cf. IV C.R. No. 58, at 7-8, Find. 30; Exam’r Ex. E-20, at 1.) The auditor reported to the district attorney that the court had not corrected deposit errors in the amount of $14,465.45, as the auditor had requested. (IV C.R. No. 58, at 8, Find. 32; Exam’r Ex. E-22.) The auditor also reported that the court had not made a deposit since December 8, 2000, and estimated that the court was holding over $200,000 in undeposited funds. (Id.) The auditor stated, “We feel this matter has reached a very critical stage and request appropriate legal action.” (Exam’r Ex. E-22.) On February 14, 2001, the county internal audit manager and two auditor staff went to the court to assist the bookkeeper in organizing funds for deposit. (II R.R. at 394; Exam’r Ex. E-33, at 3, Find. l(w).) In the bookkeeper’s office, staff found “stacks of case files with checks.” (II R.R. at 394.) Inside the safe, staff found some items “were kind of mashed in there .... It was just kind of pushed in there. There was money shoved in all kinds of places in there that we had to pull out.” (Id. at 395.) Staff found undeposited funds from as far back as September 2000 totaling $231,219.21. (Exam’r Ex. E-33, at 3, Find. l(w); Exam’r Ex. E-31, at [3]; II R.R. at 386; see Exam’r Ex. E-44.) That amount included $107,942.51 in cash and $123,276.70 in checks. (See Exam’r Ex. E-31, at [3].) Staff also found unreceipted “loose cash” totaling $1,367.00. (II R.R. at 387, 395-96.) They also found an unexplained cash shortage of $1,158.74. (Exam’r Ex. E-33, at 3, Find. l(w); Exam’r Ex. E-31, at [4].) On February 16, 2001, the district attorney addressed a letter to Judge Rose. (IV C.R. No. 58, at 8, Find. 33; Exam’r Ex. E-23.) The district attorney wrote, “This letter is to advise you that the Dallas County Commissioners Court has requested me to take whatever action is necessary to compel you to perform your statutory obligations to timely deposit State and County funds.” (Exam’r Ex. E-23, at [1].) Concerning those duties, the district attorney noted, “By a series of letters and memorandums directed to your attention, you have been advised of your duties with respect to the deposit and receipt