Justice of the Peace Robert Jenkins Franklin admits a misdemeanor; a federal lawsuit and a separate indictment keep the spotlight on Rains County.
EMORY, Texas — Rains County Justice of the Peace Robert Jenkins Franklin pleaded guilty this month to disorderly conduct for displaying a firearm at the courthouse in 2023, while a special prosecutor on Nov. 21 dismissed a felony witness-tampering count that accused him of threatening a defendant.
The plea closes a narrow part of a sprawling set of disputes that have gripped the county’s legal system for more than a year. Prosecutors said they could not meet the burden of proof on the felony tied to an alleged October 2023 threat. The misdemeanor, by contrast, was backed by a photo taken inside courthouse offices that investigators said showed Franklin shouldering a rifle near a window. Franklin remains suspended from the bench by the State Commission on Judicial Conduct while a separate official-oppression charge is pending.
Allegations against Franklin first spiked after defendant Coby Wiebe reported an October 2023 phone call in which the justice of the peace allegedly told him to accept a plea and used the phrase “dead men can’t testify.” Wiebe pleaded two days later in a case not assigned to Franklin; a district court later set that conviction aside after reviewing new information. In February, Franklin was accused of pressuring his chief clerk to sign a false affidavit, leading to an official-oppression count. He has not publicly addressed those allegations in detail. The special prosecutor, Van Zandt County District Attorney Tonda Curry, has said she weighed the credibility of witnesses and determined the felony could not be proven beyond a reasonable doubt.
The ripple effects reached former County Judge Linda Wallace, who was indicted in June on a felony charge alleging she tried to influence a county employee who was a prospective witness in the Franklin matter. Wallace left office and has said she did nothing wrong. Prosecutors previously indicated jury selection could begin in early December, but dates may move as the court hears motions. Meanwhile, a federal civil rights suit filed by Wiebe against Franklin, Wallace and Rains County is on a partial hold while related criminal cases are active, according to recent docket notices.
In practical terms, visiting judges have been handling routine magistrations and hearings while Franklin is sidelined. Inside the courthouse this week, the pace felt normal but watchful. “We’ve had to adjust calendars and staffing,” District Clerk Laura Pate said. “People just want clarity.” Outside, several residents said the photo-based gun case always seemed more straightforward than the contested threat allegations. “A picture is a picture,” said Joe Ramirez, a business owner on the square. “The rest, a jury would have to sort out.”
Court administrators say the next markers are expected in early December: scheduling conferences in Wallace’s case and updates from the Commission on Franklin’s suspension once formal dismissal paperwork is logged. The federal civil suit is likely to resume in fuller form after the criminal calendar is clearer. Until then, Rains County’s courts will continue under temporary arrangements while the remaining cases work through the system.
Author note: Last updated November 28, 2025.