Question by David A: Are judges able to be held for judicial misconduct the same as lawyers in Virginia and if so how to prove it?
I believe there is a judge in a general district court that is abusing his powers on the bench with sentencing people arbitrarily to jail for first time offenses on traffic tickets. I know that court costs are associated with every ticket but it appears that everyone that appears before this particular judge is sentenced to jail time for every offense coming before him. I believe that he is using his powers to pad his bank account through excessive fines and jailing procedures. Granted I was guilty of a charge of public intoxication but this judge found me guilty of a dui and used past history not related to driving offenses to sentence me arbitrarily to jail with an excessive fine and harsher penalties for a first time offender. I also believe this is not the first time he has done this. I plan on appealling his decision. Also how do I block his decision until after the appeal process if finished?
Answer by lisa s
sorry to say but I seriously doubt that this judge is putting the money from traffic tickets into his own pockets….The judge is sitting on the bench and your tickets are being paid to and made out to the clerks office or some other entity. I doubt that the judge could then go and hijack the accounts to fatten his financial statement.
This is a VERY serious accusation and one that will not be well recieved by any allies that you might need you in your quest for what you see as justice. I would advise that you keep that bit of speculation to yourself if you want to be taken seriously on your other obvservations.
with that said, that does not mean that you are not correct in your observation that he is more harsh…..but before you waste your time and money trying to find a lawyer to take your case, you might do two things: call the media and see if they will look into your allegations (they always enjoy a good lead) and this will save you the expense of hiring a lawyer to do so….and SECONDLY look up the statue for your particular offense and see what the range of sentencing is. If the range for DUI is between 5 months and 2 years, the judge would not be committing misconduct if he sentenced you two the maximum.
I am sorry to say that I seriously doubt that there will be a cheap way to win your appeal . An attorney would be better able to advise you on how to block his decision after your appeal. I can’t speak to the law in Virginia but in the state where I live, your past unrelated offenses are part of the presentencing report and ARE used to determine an appropriate sentence. SInce it is obvious that you did not respect the law (since you continue to break it) then the consequences have to become more harsh.
I think that you would be hard pressed to find someone who disagrees with stiffer penalties for people who continue to break the law…infact thank your lucky stars that you dont live in california
3 felonies can earn you LIFE behind bars!
Add your own answer in the comments!