(Texas Scorecard) – Rains County Justice of the Peace Robert Jenkins Franklin’s felony charges for witness tampering have been dropped after the prosecution found witnesses lacked credibility.
Judge Franklin was previously indicted on two misdemeanor counts of official oppression and two felony counts of tampering with a witness resulting from two separate incidents.
Background
In October 2023, Franklin allegedly told defendant Coby Wiebe “you take that deal, boy, or dead men can’t testify,” among other threats. Wiebe accepted a plea deal three days later. The 8th District Court later dismissed the case in April after learning of Judge Franklin’s alleged death threats.
Wiebe had been accused of disclosing intimate photographs of a woman without her consent with the intent to embarrass, according to his indictment. Judge Franklin had not been presiding over Wiebe’s case.
In a separate incident in February, Judge Franklin allegedly coerced and pressured Jennifer Patterson—his chief clerk—into signing a false affidavit.
Franklin was subsequently arrested, only to be released on bond the following day. He was also suspended from his post without pay by the State Commission on Judicial Conduct (SCJC), which is responsible for investigating allegations of this kind.
In June, the saga deepened.
On June 30, a grand jury indicted former Rains County Judge Linda Wallace, age 72, for allegedly coercing Patterson, “a prospective witness” in the criminal case against Franklin. The indictment clarified Wallace’s coercion as “pressuring [Patterson] as supervisor of her employment with intent to influence Jennifer Patterson to withhold testimony in the official proceeding.”
Wallace was charged with a single felony count of witness tampering. She was also arrested and later suspended without pay by the SCJC in July. However, it was reported that she retired from the bench on June 12.
Charges Dropped
Judges Franklin and Wallace were both expected to enter guilty pleas on October 31, but that did not occur.
Days later, Rains County District Clerk Laura Pate told Texas Scorecard, “The hearings were canceled by agreement of the attorneys. We are [supposed] to be rescheduled for November 21, 2025 at 10am.”
On that date, Van Zandt County District Attorney Tonda Curry—who is prosecuting both judges—dismissed both felony charges against Judge Franklin, reportedly for lack of evidence.
Curry told the media it’s her belief that the charges “could not be proved beyond a reasonable doubt, which is the standard I have to look at.”
“Many of the witnesses we would have had to rely on lacked credibility” and “they have motives that undermine their credibility,” Curry continued.
In exchange for dropping the felony charges, Franklin pleaded guilty to a separate misdemeanor charge of disorderly conduct for displaying a firearm.
The charge stems from a 2023 photo showing Franklin wielding an AR-15 in his office at the Rains County Courthouse.
Wallace was also offered a plea deal that would have dismissed her case in exchange for community service. According to Curry, Wallace rejected the deal, as “she feels like she hasn’t done anything wrong.”
After the felony charges were dismissed, Franklin’s defense attorney Brandt Thorson said that he will be able to resume his role as justice of the peace.
The SCJC’s order of suspension stated that “this suspension shall remain in effect until the charges set forth in the indictment are dismissed, Judge Franklin is acquitted of all charges in the indictment, or upon further order(s) of the Commission.”
The commission has yet to receive an order of dismissal from the court.
SCJC Executive Director Jacqueline Habersham told Texas Scorecard that “[d]espite the alleged dismissal of the Felony charge, Judge Franklin is still under indictment for the Misdemeanor Official Oppression charge. Article 5 of the Texas Constitution permits the Commission to immediately suspend a judge who has been indicted for a felony offense or a misdemeanor involving official misconduct.”
“Therefore, Judge Franklin is still subject to the suspension since the misdemeanor involves official misconduct,” said Habersham.
Franklin previously made headlines in March 2024 when he was arrested for driving while intoxicated.