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Old 18 October 2016, 02:03 PM
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Psihala Psihala is offline
 
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Icon02 Judge who gave Montana man no prison for incest, rape conviction under fire

An online petition with more than 14,000 signatures calling for the impeachment of a Montana judge over the sentencing of a 40-year-old man to 60 days in jail in an incest case involving a 12-year-old girl has been sent to the state’s governor and other officials.

http://www.cbsnews.com/news/judge-jo...on-under-fire/
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Old 18 October 2016, 02:22 PM
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Darth Credence Darth Credence is offline
 
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I think it is a really, really bad thing to entertain the idea of impeaching a judge because of a petition. Most people have little idea what is going on with the case, and will simply see the lurid headline and sign. Judges should not be subject to the current whims of the electorate. If this judge is impeached, where does it stop? If a judge declares a search illegal and a case is thrown out, could 20,000 people petition to remove that judge? And if they do, will the next judge know why, and allow a clearly illegal search, because they don't want to lose their job?
If there was something the judge did that was improper, such as in the case of the judge being indicted for trading sexual favors for dismissing cases, then the appropriate group should be investigating and laying charges as appropriate. If this particular case is a problem (I don't know enough about it, but it seems from the article that there is at least a reasonable explanation), then there should be a mechanism by which a judicial oversight group can look into it.
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Old 18 October 2016, 02:24 PM
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Quote:
McKeon also notes the victim’s mother and grandmother asked that the defendant not be sentenced to prison.
Which is, or should have been, cause for deep concern about their commitment to the victim's safety and well-being.

Quote:
Someone wrote that “he was a good father for 12 years,”
. . .until he raped his daughter, repeatedly. WTF is wrong with people?
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Old 18 October 2016, 02:28 PM
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I'm reminded of the made for tv movie Something About Amelia where a father had an incestuous relationship with the daughter and in the end it seems as if he's made amends and the wife and daughter forgive him. I may be misremembering this but I do remember being really angry at the way they ended the movie. But I did wonder then if they were reflecting reality in a lot of these kinds of cases.

ETA: just googled and I can't find how they ended the movie but they do stress that the father was not jailed but rather the whole family goes through therapy to deal with what happened.

Last edited by Sue; 18 October 2016 at 02:33 PM.
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Old 18 October 2016, 03:25 PM
overyonder overyonder is offline
 
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Quote:
Originally Posted by Darth Credence View Post
I think it is a really, really bad thing to entertain the idea of impeaching a judge because of a petition. Most people have little idea what is going on with the case, and will simply see the lurid headline and sign. Judges should not be subject to the current whims of the electorate.
[Iamnotalawyer]
Correct me if I am wrong, but I don't believe a judge can be impeached by an online petition. It MAY lead to a review by peers, though.
[/Iamnotalawyer]

OY
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Old 18 October 2016, 03:31 PM
pinqy pinqy is offline
 
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Originally Posted by Lainie View Post
Which is, or should have been, cause for deep concern about their commitment to the victim's safety and well-being.
Or that they do not think she is in any danger. (and this could be a reasonable or unreasonable belief)



Quote:
. . .until he raped his daughter, repeatedly. WTF is wrong with people?
We would run out of internet if we tried to list that.
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Old 18 October 2016, 03:49 PM
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Originally Posted by overyonder View Post
[Iamnotalawyer]
Correct me if I am wrong, but I don't believe a judge can be impeached by an online petition. It MAY lead to a review by peers, though.
[/Iamnotalawyer]

OY
I did not say that he would be impeached due to the petition. I said it was a bad idea to entertain the idea of impeaching him due to a petition, and that there should be a judicial oversight group that should look at problematic cases. It seems that Montana has a judicial standards commission, which could recommend censure or dismissal to the state supreme court. That would be an acceptable way to handle it. They can also be impeached by the legislature, which could be swayed by a petition that makes the legislature willing to throw a judge under the bus in order to look good to their constituents. That is the part that I have a problem with and think is a really bad idea. Hopefully, the legislature will tell the petitioners that the judicial standards commission will review this case and make appropriate recommendations to the court, but that they will not be taking up impeachment hearings based on petitions.
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Old 18 October 2016, 05:53 PM
overyonder overyonder is offline
 
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Quote:
Originally Posted by Darth Credence View Post
I did not say that he would be impeached due to the petition.
I only said it was not possible for that to happen, at least not directly, unless there's a review by peers and by the commission. Essentially we're saying the same thing in different wording.

OY

Last edited by overyonder; 18 October 2016 at 06:05 PM.
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