What I Learned in Judge School

[GOYABEAN]

So it's no longer Catskillkid, but The Honorable Catskillkid, huh?

Congrats!

Mod's need to add a little judge's gavel under his screen name

 

[Carlos Hathcock]

"I"ll not have language like that used in my courthouse"....

 

[Catskillkid]

So it's no longer Catskillkid, but The Honorable Catskillkid, huh?

Congrats!

Thanks! Though all things considered I'd still rather be called Dr. Jones (my childhood hero)

 

[Catskillkid]

Don’t take this the wrong way, but in that case, the oath you took is worthless if you have to go after his guns rather than lock him up because your hands are tied.

The system will remain the way it is unless judges and cops just flat out refuse.

No offense taken. Believe me, I've been mulling over all this a lot and it very much is making me uneasy. Right now, I'm hoping I don't have to be put in that situation.

 

[prambo]

Sounds like you're going to have to make decisions that can greatly influence someone's life for good or for bad.

I think you'll do an excellent and fair job. I don't envy you in the least.

Congratulations and good luck!!!

 

[togmaster]

Congratulations @Catskillkid sounds like you will do your best. That's all anyone can ask for.

 

[nortatoga]

No offense taken. Believe me, I've been mulling over all this a lot and it very much is making me uneasy. Right now, I'm hoping I don't have to be put in that situation.

Some seem to think you can just wing it!

Mandamus - Wikipedia

en.wikipedia.org

Mandamus
From Wikipedia, the free encyclopedia


Jump to navigationJump to search
For other uses, see Mandamus (disambiguation).

Prerogative writs
Certiorari / Review Habeas corpus Mandamus / Mandate (peremptory) Procedendo Prohibito / Prohibition Quo warranto
v t e

Mandamus (/ˈmænˈdeɪməs/; lit. 'we command') is a judicial remedy in the form of an order from a court[1] to any government, subordinate court, corporation, or public authority, to do (or forbear from doing) some specific act which that body is obliged under law to do (or refrain from doing), and which is in the nature of public duty, and in certain cases one of a statutory duty. It cannot be issued to compel an authority to do something against statutory provision. For example, it cannot be used to force a lower court to reject or authorize applications that have been made, but if the court refuses to rule one way or the other then a mandamus can be used to order the court to rule on the applications.
Mandamus may be a command to do an administrative action or not to take a particular action, and it is supplemented by legal rights. In American legal system it must be a judicially enforceable and legally protected right before one suffering a grievance can ask for a mandamus. A person can be said to be aggrieved only when they are denied a legal right by someone who has a legal duty to do something and abstains from doing it.

 

[Saltwater60]

Seems they do have a lot of discretion. In my county and the county just north of me any domestic related call your guns are taken by the police and you have to go to Supreme Court to get them back. What does he mean by any domestic call I mean if I call my wife a fucking bitch and my liberal neighbor gets offended and calls the police my guns are gone!! Yes it’s that bad. I know it’s not legal in any fashion. I overheard my brother and father talking about this since they are both cops. I asked how can you do that and how is that legal. They said some judge ruled on it in niagara county and that was the ruling and it was basically adopted by Erie county. Oh the worst part is they thought it was a good idea. No crime committed no arrest made and your guns are gone. We had a rather lengthy and at times heated discussion on this and how I disagreed with it and how it’s not even legal.

 

[Saltwater60]

Congratulations @Catskillkid sounds like you will do your best. That's all anyone can ask for.

That not all anyone can ask. Just dont take my guns that all I can ask.
just kidding. Update us. I’d actually possible run for office someday.

 

[ArmedCorgi]

So @Catskillkid, assuming you like the job and are good at it, would you be stuck at the local justice level or could you run for a higher Judicial job? Would you have to go to law school to advance or are there more "crash courses"?

 

[Catskillkid]

So @Catskillkid, assuming you like the job and are good at it, would you be stuck at the local justice level or could you run for a higher Judicial job? Would you have to go to law school to advance or are there more "crash courses"?

To go any higher in the Judicial branch I'd have to go to law school and pass the Bar. I do have to do 12 hours of continuing education credit each year just for this job.

We'll see. I was close to going to law school when I finished up my undergrad. Depending on how things go maybe I'll change careers. That's a long ways off though.

 

[Carlos Hathcock]

Thanks! Though all things considered I'd still rather be called Dr. Jones (my childhood hero)

The true test. What was the little boy's name in the movie?

 

[Carlos Hathcock]

Seems they do have a lot of discretion. In my county and the county just north of me any domestic related call your guns are taken by the police and you have to go to Supreme Court to get them back. What does he mean by any domestic call I mean if I call my wife a fucking bitch and my liberal neighbor gets offended and calls the police my guns are gone!! Yes it’s that bad. I know it’s not legal in any fashion. I overheard my brother and father talking about this since they are both cops. I asked how can you do that and how is that legal. They said some judge ruled on it in niagara county and that was the ruling and it was basically adopted by Erie county. Oh the worst part is they thought it was a good idea. No crime committed no arrest made and your guns are gone. We had a rather lengthy and at times heated discussion on this and how I disagreed with it and how it’s not even legal.

Wouldn't be surprised the next time you see them at your door those two aren't there for Thanksgiving dinner.

 

[Catskillkid]

The true test. What was the little boy's name in the movie?

Short Round. Seriously, bro. What do you take me for? A judge or something?

 

[Carlos Hathcock]

Short Round. Seriously, bro. What do you take me for? A judge or something?

Now you have my blessing and full support.

 

[BDinPutnam]

Law is usually written in a way that say you can do this but not written as you have to. It's why cops have discretion for pretty much everything.

Kinda odd to hear a judge must do something.

Why?

The judicial branch traditionally is the weakest branch. They have no enforcement powers. The legislature writes for example a mandatory minimum sentencing law... which passes court review as constitutional. Since it's now the law of the land, judges are bound by law to uphold and abide by it, not circumvent it.

 

[spat]

Why?

The judicial branch traditionally is the weakest branch. They have no enforcement powers. The legislature writes for example a mandatory minimum sentencing law... which passes court review as constitutional. Since it's now the law of the land, judges are bound by law to uphold and abide by it, not circumvent it.

But they can direct things so that people aren't convicted for the crime they committed with that mandatory sentence, and instead are convicted of a different crime with a sentence they find more personally preferred.

 

[Robin]

I'm pretty sure you do not have to pass the bar to become a higher court judge. Of course some legal learning would be a necessity, just to keep the lawyers from getting away with crap. Even the Supreme Court has no specification listing that one must have passed the bar, though all of them have been lawyers at one time, all the way back to John Jay, it is not spelled out as a requirement.
Robin

 

[BDinPutnam]

I'm pretty sure you do not have to pass the bar to become a higher court judge. Of course some legal learning would be a necessity, just to keep the lawyers from getting away with crap. Even the Supreme Court has no specification listing that one must have passed the bar, though all of them have been lawyers at one time, all the way back to John Jay, it is not spelled out as a requirement.
Robin

Nor should it be but bear in mind the law is so complicated today (in good ways as well as bad) that some legal background is essential outside of smaller and local courts where the facts almost matter more than the law. Honestly I would not want a layman sitting on the bench in bankruptcy court, for example.

ETA I realize I was a bit unclear there- I'm saying smaller, local disputes rely as much on facts as the law. Complex corporate lit, bankruptcy, securities, IP and the like I think you really need to know the area of law to not get overwhelmed by the lawyers.

 

[Saltwater60]

Wouldn't be surprised the next time you see them at your door those two aren't there for Thanksgiving dinner.

Especially because I don’t speak to my brother much at all. I hate him actually. I refused to have him stand up at my wedding. My mother tried to bribe me with an extra $1,200. I still said no.

 

[RBean]

Your comments on the law are correct as far as I understand. Just try to do the "right thing." I would much rather have a judge that tried to do the right thing who is not a scholar of the law, than one who is but uses his knowledge to screw me. And I have appeared before lots of judges, good, bad and indifferent.

 

[Doc8404]

It's Judge's Chambers. And there's no massage bar. Trust me I checked. My chambers are just an office I share with the clerk. Nothing fancy at all.

Is she hot?

 

[spat]

Nor should it be but bear in mind the law is so complicated today (in good ways as well as bad) that some legal background is essential outside of smaller and local courts where the facts almost matter more than the law. Honestly I would not want a layman sitting on the bench in bankruptcy court, for example.

ETA I realize I was a bit unclear there- I'm saying smaller, local disputes rely as much on facts as the law. Complex corporate lit, bankruptcy, securities, IP and the like I think you really need to know the area of law to not get overwhelmed by the lawyers.

I might prefer a judge in bankruptcy court has a background as an accountant rather than a lawyer.

 

[Carlos Hathcock]

Especially because I don’t speak to my brother much at all. I hate him actually. I refused to have him stand up at my wedding. My mother tried to bribe me with an extra $1,200. I still said no.

Well at the minimum you know now how much he's worth.

 

[Catskillkid]

But they can direct things so that people aren't convicted for the crime they committed with that mandatory sentence, and instead are convicted of a different crime with a sentence they find more personally preferred.

Not quite (at least not as I see it). The DA is the one that offers the plea bargain. I might be able to suggest a different sentence but it's up to the DA to offer the deal.

 

[Catskillkid]

Is she hot?

Haha, well considering she's at least 30 years older than I am she does look good for her age. I'm sure her husband would not take too kindly to me hitting on her though.

On a related note I was definitely the youngest person in Judge School (I'm in my mid-30s). There were a fair number of folks who were (in my estimation) in their 40s and probably the majority where 50's and above.

There were a few ladies there in their 40s there who were absolutely SMOKIN'!

 

[Catskillkid]

Sounds like you're going to have to make decisions that can greatly influence someone's life for good or for bad.

I think you'll do an excellent and fair job. I don't envy you in the least.

Congratulations and good luck!!!

Thanks, @prambo ! I really want to do my best for my community here. I really appreciate your, and everyone else's support.

 

[wizrd]

There were times, when I had a hard time passing a bar. - Just saying.

 

[Acer-m14]