Monday, August 11, 2014

Federal Judge Arrested For Second Domestic Battery Should Resign Or Be Impeached

A federal judge on vacation was released on bail after being represented by the public defender's office at his initial appearance for domestic battery this weekend. Beyond the fact that any judge - particularly a federal judge - should have the means and wherewithal to hire his own lawyer; one wonders what special treatment this judge is apt to receive. 


Judge Kicks Justice
Although every accused judge is entitled to be presumed innocent until proven guilty, public records found by the Atlanta Constitution establish that this is not the judge's first time being targeted with the allegation of domestic battery though apparently it is his first battery or assault arrest. Perhaps he is not in the habit of battering each of his Federal Judge Arrested For Second Domestic Battery Should Resign Or Be Impeached wives, but at least one former wife claims he battered her as well. 

I suppose the principle of law here should be that federal judges are more equal than others as the notion that all of us are equal under the law is rather quaint. Is it really possible in the American criminal justice system that a federal judge will be treated no differently than any other defendant charged with domestic battery? Will he be forced to commit himself to psychological counseling? Will he be told to have no communication with the victim, his wife? Well, as a matter of fact, there was no condition in the bail to keep him away from the victim only a condition "to not have violent contact" with her. 

Should the judge spend his next vacation here in Clearwater, Florida as we all hope he will, he'll find that we have a special domestic battery court. But after arrest, first he'll have to deal with the typical Pinellas County bond requirements which include having no contact whatsoever with the victim, meaning no emails to her, no phone conversations and of course no co-habitation even if children are involved. Maybe the law in Georgia is vastly different, but it does make one wonder why the federal judge merely has to have no violent contact with his favorite victim? 

Although the idea of the Pinellas domestic battery court to identify batterers and provide psychological remedies to prevent assaults and batteries is laudable, too often the presumption of innocence is turned on its head when those arrested are presumed guilty and forced to either accept the gentle offer of treatment laced with possible dismissal of the charges or face time in jail if convicted. 

Should the judge choose Florida for his next vacation I am prepared to provide him with a federal judge criminal law discount should he decide to hire a private Clearwater criminal defense attorney rather than depend upon the stressed public defender system. He may need special help as under federal law any domestic battery is counted as a violent offense. Since the discount applies to former federal judges, perhaps he'll take this into consideration for what course his life should take in the future. Clearly this man should resign his position of trust; if not, he should be impeached as he's not fit to sit in judgment of others.

No comments: