Wednesday, July 21, 2010

A Trial! That's Gonna Cost You $500

Remember this nice looking man (pic, right) Marion (Indiana) traffic Court Judge William Young?  We talked about how Judge Young got a wee bit out of control in some of his traffic court rulings, as when he sent a woman to jail for a one year because she was driving with a suspended license.  As I recall the poor Lady actually served 10 days, before somebody pointed out to the Judge that perhaps he went a little overboard. 

Well the IndyStar.com is reporting that Judge Young is on the bubble of losing his judicial position.  The article supplies some additional details that are noteworthy, this is from reporter John Tuohy's story:

[Judge] Young also is the target of a civil lawsuit alleging he violated defendants' due-process rights established in the U.S. and state constitutions. The lawsuit claims Young instituted a policy that defendants found guilty would be fined an additional sum of up to $500.

Paul Ogden, the attorney for the plaintiffs in that case, said he was pleased but not surprised at the commission's findings.  'We are happy that they agree that you cannot punish someone for asking for their day in court,' said Ogden, who attended law school with Young. 'He is a very nice man, but when he gets on the bench, a change seems to come over hill'"
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Charging a defendant to exercise their Rights makes you wonder which law school Judge Young attended.  Furthermore, if Judge Young skipped that class called constitutional law.   Maybe he just slept through that one class where they talked about presumption of innocence.

2 comments:

  1. I just told my wife about this story and she asked, don't they always do this? I mean if you insist on a trial don't they fine you more than if you pleaded no contest?

    Fred

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  2. Anon@7:50

    I think the observation is the common understanding. In fact in "sentencing guidelines" the fact that the defendant entered a guilty plea is considered as a mitigating factor. Something to think about, eh?
    BL

    ReplyDelete