Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: AndyJackson

This judge is a successful attorney, Proud Texan, and good Christian man, as well as a staunch Conservative. Have you ever thought that a true Conservative enforces the law AS WRITTEN. Only liberals make up their own law.

State law (Texas Education Code Section 25.085; PDF) provides that if a student is absent from school without parental consent for any portion of the school day for three days in a four-week period or for ten or more days in a six-month period, the student and the student’s parent or legal guardian are subject to prosecution by the Montgomery County Justice of the Peace Courts or Municipal Courts. The student may also be referred to a juvenile court.


70 posted on 05/29/2012 6:09:12 PM PDT by TexConfederate1861 (Surrender means that the history of this heroic struggle will be written by the enemy.)
[ Post Reply | Private Reply | To 14 | View Replies ]


To: TexConfederate1861

There are no parents or legal guardians. The girl is on her own. This law was written under the assumption that the said student has a parent or guardian in charge. As this was not the case, doesn’t it follow that said law was not applicable in this case. Your twisting yourself into a pretzel trying to defend your friend. I wonder how many attorneys have contacted this student offering their services?


76 posted on 05/29/2012 6:59:27 PM PDT by BLOC77 (bloc07)
[ Post Reply | Private Reply | To 70 | View Replies ]

To: TexConfederate1861
...the student and the student’s parent or legal guardian are subject to prosecution by the Montgomery County Justice of the Peace Courts or Municipal Courts.

There is also such a thing as 'prosecutorial discretion'. I'm not seeing that here, either.

Maybe there is more to this story. If there is, I'd like to know.

As for truancy laws, in my cynical opinion, they only exist to keep the 'body count' up in the schools so the funding keeps rolling in.

85 posted on 05/29/2012 8:26:55 PM PDT by Smokin' Joe (How often God must weep at humans' folly. Stand fast. God knows what He is doing)
[ Post Reply | Private Reply | To 70 | View Replies ]

To: TexConfederate1861
Have you ever thought that a true Conservative enforces the law AS WRITTEN.

You are not a conservative because one thing for sure is that conservatives value wisdom and judgment. Your friend has none, nor, it appears, do you. Since when did we criminalize truancy, which used to be a civil matter, I thought. Having criminalized it, however, one element of a crime is criminal intent - did I set out to commit this crime to enjoy the fruits of my criminal behavior. Sounds like this hardworking responsible young lady, whom you appear to dispise so much, was not enjoying the fruits of much of anything.

You are actually a heartless so and so, just the kind of person who gives conservatives a bad name.

87 posted on 05/30/2012 3:47:18 AM PDT by AndyJackson
[ Post Reply | Private Reply | To 70 | View Replies ]

To: TexConfederate1861

Real conservatives are not amiss to a bit of common sense when the law is misapplied. They’re not legalistic robots.


95 posted on 05/30/2012 10:28:01 AM PDT by Little Ray (FOR the best Conservative in the Primary; AGAINST Obama in the General.)
[ Post Reply | Private Reply | To 70 | View Replies ]

To: TexConfederate1861; AndyJackson

Tex

He’s not an attorney by his own admission. He never went to law school or college. He graduated high school and worked as a LEO until he was elected as Justice of the Peace in an unopposed election.

So, you are lying my friend.


114 posted on 05/30/2012 10:14:15 PM PDT by AlmaKing
[ Post Reply | Private Reply | To 70 | View Replies ]

To: TexConfederate1861
There is enforcing the law, and there's also discretion about when and how to apply the penalties of the law.

I don't know Moriarty to have an opinion of him one way or the other. I do personally have a problem tossing non-violent/non thieving offenders (but throw the book at those two types) in jail, but that's my own philosophy.

118 posted on 05/30/2012 10:23:57 PM PDT by Darren McCarty (The Republican Party is bigger than the presidency.)
[ Post Reply | Private Reply | To 70 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson