Patterico's Pontifications

4/19/2008

The Art of Judging

Filed under: Judiciary — DRJ @ 4:06 pm



[Guest post by DRJ]

I enjoyed this follow-up AP article on Judge Barbara Walther, the judge in the FLDS child custody case:

“Most of the cases that come across Judge Barbara Walther’s bench are quiet affairs: divorces, drunken-driving violations, the kind of small-time disputes that sprout in places where land and livestock are more plentiful than people.

But in the past two weeks, the no-nonsense state district judge has found herself at the center of one of the most convoluted, unruly custody cases in U.S. history, herding hundreds of lawyers while dozens of reporters camp out on the lawn of the historic columned courthouse that sits in the center of San Angelo.

Those who know her say Walther did what she always does. She needled yammering lawyers, refocused wandering questions and then ruled. No drawn-out testimony, no taking the case under advisement, no lengthy written ruling later.

After 21 hours of testimony over two days, Walther took a short break, then ruled Friday night. The 416 children taken from a polygamist sect and placed in state custody will stay there, she said. Walther also ordered all the children and parents involved to take DNA tests.

“She will rule, and that is something in a judge’s personality that lawyers really appreciate,” said Guy Choate, a longtime San Angelo attorney. Her attitude is, “I may be right or may be wrong, but I’m not uncertain.”

Other lawyers may disagree but I love judges that have the courage to make a decision. For whatever reason, many judges won’t do it and it’s the worst part of trying a case. Judge Walther took this case and made it happen. Kudos to her.

NOTE: The article indicates Judge Walther intends that future hearings in the FLDS child custody cases will be individualized hearings.

— DRJ

8 Responses to “The Art of Judging”

  1. My opinion for what it is worth after over 40 years of trying cases:

    Trial judges are paid to listen, enforce decorum, and to rule.

    Cogitating and writing lengthy decisions is for appellate courts.

    Sounds like the judge is doing her job well.

    vnjagvet (d3d48a)

  2. Agreed. We need this process to move along, and she and the Texas Rangers managing to avoid another Waco have really improved my view of the Texas justice system in general.

    I guess the court system in Texas is so convoluted anyway, that it was preparation for a confusing case like this!

    Jem (4cdfb7)

  3. They are going to have to consolidate the cases somehow, I think, if they can. I don’t care how efficient she is (and it is clear she is), she can’t do hundreds of individualized hearings by June 5 while doing justice to the merits of each case. It’s not like her usual docket of drunk drivers and divorces are going away during that time, either. She could push back some of the civil cases but not the criminal ones.

    It raises some interesting legal and ethical issues for the lawyers involved though, most or all of whom are working pro bono. Can you allow your case to be consolidated under the care of a lead hearing attorney who is representing another child who could be said to be in the same category, if there are some minor fact differences that could turn out to be important? How loose can you draw the categories before you start glossing over particular facts that might be important to a particular child? Does the law even allow this type of consolidation, when the standard is “best interests of the child”, which might require by definition that each child be considered individually by the judge?

    So far Texas has been handling this admirably, and I hope they work through the problems of efficiency versus due consideration for each kid just as well. It’s fascinating as a lawyer to watch this unfold.

    Aplomb (61ab33)

  4. I would think decisiveness is a key quality for a good judge. As long as it isn’t arbitrary or capricious.

    Eric (605286)

  5. I think the biggest problem will be the delay caused by waiting for DNA results. Once they match up parents and kids, the hearings can move pretty quickly with Judge Walther and, if needed, other judges.

    DRJ (a431ca)

  6. I have two questions I hope get answered sometime about this case: #1 Where are the boy children? Seemed like the sex breakdown was 75% girl and 25% boy. WAY off the Medelian expectation.

    #2 Why were APC’s present on a CPS service?

    MunDane (d3328f)

  7. The case took another turn towards Strange over the weekend.

    The original distress call–supposedly made by an abused 16-year-old mother–appears to have been concocted by an enemy of the FLDS sect.

    Now, circumstantial evidence is building that the caller was a 30-year-old Colorado woman… who is an Obama Superdelegate.

    AMac (c822c9)

  8. The liberal demacrooks prefer liberal aciviists judges who rule like the 9th curcut court has done

    krazy kagu (a2e13d)


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