Discretion is the power or right to make official decisions using reason and judgment to choose from among acceptable alternatives. Most people realize our system does not work without judicial discretion or prosecutor discretion, but in politics it is very common to criticize or even demonize your opponent’s use of it.
An analysis of Liberty Dispatch is a good example of how evaluating the use of discretion is very important in the way we all evaluate the job our public officials do.
Whether it is District Attorney Mike Little’s and County Attorney Wes Hinch’s decision to use their discretion NOT to prosecute former county officials Lee Groce and Phil Fitzgerald or former District Judge Rusty Hight’s use of discretion to set a two time convicted sex offender off with no jail time, it all effects most people’s opinion of how they do their job. Hearing examples of prosecutors ducking their responsibilities because they don’t want to be criticized or step on their buddies’ toes- or hearing how a judge takes lightly sex crimes involving minors can almost make the word “discretion” seem like a four letter word. The above mentioned corrupt actors in Liberty County abuse discretion time and again for their own personal and maniacal gratification.
From what I know of Justice of the Peace Bobby Rader and the thousands of decisions he has made as a city judge and a JP, he is a great example of how discretion is used properly. I have seen two juveniles in his courtroom that have been found guilty of the same offense. I have seen him use the power we have given him with wisdom and mercy. I remember when the first juvenile came before him to be sentenced and how the kid was defiant and rude and seemed to have no regrets. Through questioning, Judge Rader could tell the kid thought he had nothing to lose. He had no money so his mother would have to pay any fine that was set. He would refuse to go to community service and he had heard nothing else could be done. Judge Rader asked the kid if he had a bike and if he had any video games. When the kid said yes his sentence was to sell them both and pay his fine and 20 days of community service (to be closely monitored by Rader’s office).
When the second juvenile was brought into the court later in the day, he was visibly upset. He was being raised by his mother also, but the entire time he was before Judge Rader you could tell he was more concerned that he had disappointed his mom more than what the courts were going to do to him. He was polite and expressed regret for his behavior. Judge Rader sentenced him to 10 days of community service.
JP’s and City Judges make many rulings in the course of just one year. The use of discretion is vital to their ability to be effective. As a result, Bobby Rader may be seen as a harsh law and order judge to some, while others would say he is wise and merciful. Anyone taking a snapshot of his use of discretion could pick and choose cases and make him look anyway they wanted. But an analysis of all of the ones I have looked at reveals he is a fair, just, and wise judge and a great example of how allowing judges some discretion makes the system work well.
13 comments:
You might want to let your readers know that many of the higher profile decisionsmade about bonds only have Rader's name on them, they are actually by law made by the district judges.
What about guidelines? Aren't there suggested guidelines? Judge Hight was sometimes so hard on people you never head of and sometimes if you kept up he was unbelievably easy on some serious criminals AFTER they were convicted.
Hahahhaha! It was called "Wednesday court". LD reported what Hight was doing.That kind of crap is as much Mike little's fault as anyone's. But you watch the Donkey Party will try to make it look like Republicans are like this too. Hight was as bad as anyone I have ever seen.
Voters have discretion to. Little has had thirty years, that is enough for someone with so many question marks.I worry about what he would have done had Judge Cain and others not been there.
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I agree, if they want to promote a Dem site, more power to them. How very sad.
A "judge" tells someone to sell possessions? Where does that start and stop? lmao
"Discretion" gets defined by duhhhNesa:
http://www.yourhoustonnews.com/cleveland/news/permission-to-avoid-the-media-granted-sometimes/article_f27d057b-ede4-5f56-91e9-774926b5ef25.html
Yes, LD readers, avoiding the media is the best policy. This is why I taught LD the wisdom of boycotting her 'candidate forums', where were ambushes in disguise. All conservative candidates, who made the mistake of attending, were attacked and maligned by the now outed, democrap operatives and media hosts. The democraps got to both choose the questions and write the press reports. Hardly a fair and impartial event.
The result? The democraps got obliterated in the LC 2010 elections.
No sir, a judge doesn't "tell someone t sell their possessions". A judge tells a convicted juvenile that he can go to juvenile detention or TYC or sell certain possessions. Read your law books please......discretion. Anyone following the distinguished career of Congessman Ted Poe knows that Judge Rader can positively effect lives with this kind of sentencing.
I've been in Judge Rader's courtroom. I have seen the parents at their wits end. I have seen the Judge make sure every effort is made to get teenagers lives back on track.
Kids today try and act like nothing effects them Judges like Poe and Rader look for something to change the dynamics of the situations. These men are heroes to many parents and taxpayers.
Little needs to use his "discretion" to retire.
true, discretion isn't a four letter word. However, here's a pair of them: duhh-Nesa.
As for discretion, she hasn't got any (probably can't even spell it.)
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