The plea stems from a 2023 courthouse rifle incident; a separate witness-tampering case was dismissed last week.
EMORY, Texas — Rains County Justice of the Peace Robert Jenkins Franklin pleaded guilty this month to a misdemeanor weapons offense connected to a 2023 courthouse incident, while special prosecutors moved to dismiss a felony case that alleged he threatened a defendant, court officials said.
Franklin’s plea resolves a disorderly conduct charge for displaying a firearm inside the Rains County Courthouse, a case built around a photo that investigators said showed him shouldering a rifle near a window. The decision to drop the felony, disclosed during a Nov. 21 hearing, followed a review by a special prosecutor from neighboring Van Zandt County. The development comes as a separate criminal case against former Rains County Judge Linda Wallace remains pending, and as a civil lawsuit by the defendant who reported the alleged death threat continues in federal court.
According to court records outlined at the Nov. 21 proceeding, Franklin admitted to the misdemeanor count tied to the 2023 photograph taken inside the courthouse offices. The image was referenced in a complaint that said he handled an AR-style rifle near a window during business hours. At the same hearing, prosecutors told the court they would not pursue a felony tampering charge that accused Franklin of threatening a man to influence a plea, citing concerns about meeting the burden of proof. Franklin did not address reporters after the hearing. Van Zandt County District Attorney Tonda Curry, overseeing the cases, said in prior statements that witness credibility issues factored into her decision. “I have to look at whether a jury can be convinced beyond a reasonable doubt,” she said.
The felony case centered on allegations from Coby Wiebe, who said the justice of the peace told him in October 2023 to accept a deal and used the phrase “dead men can’t testify.” Wiebe entered a plea two days later in a case the justice did not preside over; that conviction was later set aside by a district court. In addition to the gun case, Franklin has faced two misdemeanor counts of official oppression arising from separate incidents, including pressure on a former chief clerk to sign a statement. The State Commission on Judicial Conduct suspended him without pay earlier this year and has said the suspension can continue while an indictment for an offense involving official misconduct remains on the books. A defense attorney for Franklin previously said the judge denies wrongdoing beyond the admitted misdemeanor.
Records show the courthouse gun photo surfaced in 2023 amid growing scrutiny of the small East Texas county’s justice system. In June, a grand jury indicted Wallace, then the county judge, on a felony witness-tampering charge tied to the Franklin investigation, alleging she tried to pressure a county employee who could testify. Wallace later left office. Prosecutors previously indicated jury selection in Wallace’s case could begin in early December, though the schedule may shift as new motions are filed. Combined, the cases have drawn attention to courthouse practices in Emory and to how rural counties handle conflicts when local judges are accused of crimes.
Procedurally, the dismissal of Franklin’s felony was entered by the special prosecutor in 8th District Court on Nov. 21. The misdemeanor plea was accepted in county court ahead of that hearing, according to officials familiar with the docket. Franklin remains suspended while the Commission reviews outstanding counts, including official oppression. Wallace’s felony case continues toward trial, with pretrial settings expected in the coming weeks. A federal civil rights lawsuit filed by Wiebe against Franklin, Wallace and Rains County is paused in part while related criminal matters progress, but filings indicate the case will resume once the criminal calendar clears.
On the courthouse square this week, county employees described a tense but quiet mood. “It’s been a long year for everyone here,” said Laura Pate, the district clerk, describing scheduling changes and extra security during high-profile hearings. Outside a nearby café, resident Mark Hensley said the plea “at least answers the gun thing,” but added that people are waiting to see what happens with the remaining cases. Neither Franklin nor Wallace responded to new requests for comment. The special prosecutor has declined further interviews beyond her prior explanation for dismissing the felony.
The county’s immediate calendar includes routine magistrate proceedings covered by visiting judges while Franklin remains sidelined. The next notable date is expected in early December, when prosecutors and Wallace’s defense confer on jury selection and motions. Any Commission action affecting Franklin’s suspension would likely follow receipt of formal dismissal orders and updates on the pending misdemeanor counts.
Author note: Last updated November 28, 2025.