Texas- Should we change our name to Sex and the Law Blog?

Maybe not quite yet, but following the Kozinski xxxx (story, saga, scandal, gate? fill in the blank) the NYT has an intriguing story today out of Texas. The paper reports that lawyers for an inmate there facing execution next week filed court papers on Thursday accusing the judge at his double-murder trial of having an affair with the prosecutor.

The relationship, between the judge, Verla Sue Holland, and the then-district attorney, Tom O’Connell, was first reported by Salon.com and supposedly went on for six years. The Times said neither responded to phone messages for comment.

“Judge Holland had a clear duty to let the parties know about her relationship and to recuse herself, because anybody knowing these facts would be shocked that she presided over this capital murder trial, ” wrote the defendant’s lawyer, Gregory Wiercioch. The Times didn’t have comment from any government lawyers currently on the case.

Mr. Hood was convicted in the murders in 1989 of his supervisor, Ronald Williamson, and Mr. Williamson’s girlfriend, Traci L. Wallace. They were found shot to death in Mr. Williamson’s house in Plano. He pleaded not guilty; his execution is scheduled for Tuesday.

Some readers of the Kozinski coverage have questioned whether the fact that Kozinski posted sexually explicit material would conflict him out of the obscenity trial over which he’s currently presiding – a possible argument the prosecution is considering.

The Texas case presents an entirely different set of facts behind a conflict allegation.