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Judge faces election after unpopular decision
Topic Started: Mar 14 2010, 08:36 AM (154 Views)
xray
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Judge faces election after unpopular decision

Posted Image
Robert Lemkau AP – This undated image provided
by the San Bernardino County Bar Association shows
Superior Court Judge Robert Lemkau


PAUL ELIAS, Associated Press
Sat Mar 13, 2010

VICTORVILLE, Calif. – The judge didn't believe the father was a threat and denied the mother's plea to keep him away from their 9-month-old son. It was a seemingly routine ruling in a busy family law court called on too often to referee passionate fights between broken young families over the care of babies.

"My suspicion is that you're lying," Judge Robert Lemkau told Katie Tagle, 23.

Ten days later, her 25-year-old ex-boyfriend Stephen Garcia shot and killed their baby son and himself and the case was routine no more. A public frenzy ensued.

The community's anger with the judge was vocal and passionate. But it probably would have faded away as just another tragic story in a tough-luck town along the freeway between Los Angeles and Las Vegas.

But this is California — one of 33 states that elects judges in some form — and it's Lemkau's misfortune that his seat is before voters June 8. The judge takes little solace that a growing number of legal scholars are arguing that electing judges rather than appointing them is unseemly and corrupting.

for the entire article, click here: Posted Image facing election
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If all judges had to 'answer' for their decisions (in one way or another) we would be all be better off.

Judges in Canada would literally have a fit if they had to answer to the public for some of their ridiculous decisions.
:grumb:
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Beancounter

AMEN!

Examples: A judge in Brantford convicted a man and a woman to about 6 years and 2 years respectively for a home invasion and robbery. That was OK by me.
Then I hear about a Toronto judge who sentenced a guy who had KILLED two women by street racing to.... 22 months!
That judge is a stupid moron.
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xray
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Beancounter
Mar 14 2010, 12:42 PM
AMEN!

Examples: A judge in Brantford convicted a man and a woman to about 6 years and 2 years respectively for a home invasion and robbery. That was OK by me.
Then I hear about a Toronto judge who sentenced a guy who had KILLED two women by street racing to.... 22 months!
AND... when you consider just how much time they will actually serve in custody... just makes me furious. :cag:
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Bruce
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I have some sympathy for this judge because this is one of the toughest calls a judge has to make.
The one and only thing this judge could have done in this case was to issue a restraining order against the ex boy friend and hope to God that this physcopath would obey a piece of paper and stay away from the boy. Really, what else could the judge do in this case.
A restraining order works only if one choses to obey it.
Who knows whether this idiot would have killed the boy if he had a restraining order placed against him or not, but this guy was obviously unbalanced to begin with and nothing would have stopped him.
I wonder if the people that want this judges head understand the law or do they just want vengenace. The judge really didn't do anything wrong, besides, what if the next judge does the same thing.
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xray
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You are right of course about the restraining order. It's only a piece of paper, and many an order has been simply disregarded by the one it's aimed at.

But in this case, the judge chose to call the young mother a liar, and declined to issue the order. Not that the piece of paper would have stopped the murder/suicide but at least the judge would have done the right thing. It's a tough call in any case, and I would have hoped that the mother brought some other evidence to back up her application to the court. In a he said, she said situation with no other evidence.. it can be hard for a judge to determine the right thing to do.

It's like letting someone out on bail/probation (when the option is there to deny) and the subject is clearly dangerous.... and they kill or maim. There should be accountability in some form.
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Bruce
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xray
Mar 14 2010, 02:24 PM
You are right of course about the restraining order. It's only a piece of paper, and many an order has been simply disregarded by the one it's aimed at.

But in this case, the judge chose to call the young mother a liar, and declined to issue the order. Not that the piece of paper would have stopped the murder/suicide but at least the judge would have done the right thing. It's a tough call in any case, and I would have hoped that the mother brought some other evidence to back up her application to the court. In a he said, she said situation with no other evidence.. it can be hard for a judge to determine the right thing to do.

It's like letting someone out on bail/probation (when the option is there to deny) and the subject is clearly dangerous.... and they kill or maim. There should be accountability in some form.
I agree, if the ex boy friend was that unbalanced, there should have been some evidence of violence in his past. Nobody just gets up one day and shoots his kid without some sort of history. Maybe he used to beat on her and she never reported it or pressed charges because she seemed to be sure that this guy was violent and was going to harm the kid, why was she so sure of that.
Anyway, it was sure to bad that this had to happen.
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