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XNavyNuke
05-25-2012, 11:38 AM
Honor student placed in jail for tardiness and truancy at school (http://www.kvue.com/news/state/154075555.html)


Tran said she works a full-time job, a part-time job and takes advanced placement and dual credit college level courses. She said she is often too exhausted to wake up in time for school. Sometimes she misses the entire day, she said. Sometimes she arrives after attendance has been taken.

The judge ordered Tran to spend 24 hours in jail and pay a $100 fine. Judge Moriarty admitted that he wants to make an example of Tran.

“If you let one (truant student) run loose, what are you gonna’ do with the rest of ‘em? Let them go too?” Judge Moriarty asked.

She's being made an example of, all right. I'm just not sure that it's the kind of example that he expects.

XNN

KCIndy
05-25-2012, 11:56 AM
If we let one judge get away with being a power crazed asshole, what are we gonna do with the rest of them? :mad::mad:

Anyone know if this jerk is in an elected position? If not, maybe he can be impeached.


Most important: EVERYONE OUGHT TO SEND THIS ONE IN TO DRUDGE.

Danke
05-25-2012, 11:58 AM
“If you let one (truant student) run loose, what are you gonna’ do with the rest of ‘em? Let them go too?” Judge Moriarty asked.

OMG! Anarchy!!

KCIndy
05-25-2012, 12:08 PM
Seriously.

Send to Drudge. Maybe this idiot judge will take a little well-deserved heat for his bullying.


On Drudge's site, on the right hand side about halfway down, there's a box with a heading: "Send news tips to Drudge." Just copy in the link to the article and possibly a short description, like: "Honors student supporting family jailed for tardiness. Judge wanted to 'make example' of her."

Takes ten seconds. Go!!

XNavyNuke
05-25-2012, 12:17 PM
If we let one judge get away with being a power crazed asshole, what are we gonna do with the rest of them? :mad::mad:

Anyone know if this jerk is in an elected position? If not, maybe he can be impeached.


Most important: EVERYONE OUGHT TO SEND THIS ONE IN TO DRUDGE.

Yeah, already sent the tip. I wish Judge Nap still had his show.

XNN

Exiled_LFOD
05-25-2012, 12:19 PM
Dear Government,

Throw her ass in jail and then go prosecute her employers on some trumped up child labor law charge allowing her to work two jobs. Libertarians are in need of more potential converts, can you please step it up with the tyranny?

KCIndy
05-25-2012, 12:19 PM
Yeah, already sent the tip. I wish Judge Nap still had his show.

XNN

Me too. :(

Send to Drudge, people! I WILL +REP EVERYONE WHO SUBMITS THIS TO THE DRUDGE SITE!

I *hate* bullies, and this judge sounds like he's a natural.

jkr
05-25-2012, 12:28 PM
that'll (not) learn ya!

NOW BACK TO YOUR SLAVE TRAINING, SLAVE!


SO MUCH FOR TRYING HARD.
ALL THAT MATTERS IS COMPLIANCE.
DO WHAT YOUR FUCKING TOLD!



got revolution?

r3volution
05-25-2012, 12:37 PM
WTF ? drudged ffs . i dont even know what to say about this other than she should appeal .

phill4paul
05-25-2012, 01:29 PM
On Drudge now. Was gonna linky but did the search.

As far as the story I guess they showed her. Who does she think she is? There are government loans to support her brother. And as far as her sister is concerned she should have been placed in Child custody when the parents divorced. I can't believe that an 'Honor's' student that has already achieved so much could disrespect the institutions that have provided for her! /s

XNavyNuke
05-25-2012, 02:12 PM
Anyone know if this jerk is in an elected position? If not, maybe he can be impeached.


He's elected per this report on his campaign finance scandel.

Justice of the Peace, Lanny Moriarty – TEC Resolution – $2,800 Civil Fine/ (http://montgomerytx.countymonitor.com/2009/05/11/justice-of-the-peace-lanny-moriarty-tec-resolution-2800-civil-fine/)

XNN

heavenlyboy34
05-25-2012, 02:22 PM
She should have asked some of the pro truant students how to do it. I knew quite a few lazy kids in high school (late 90s) who skipped/ditched tons of school and never got in trouble.

ETA: I lol'ed at the title. :D I haven't heard anyone use the word "pokey" in a very long time. Congrats on giving me one of my first lolz of the day. :)

KCIndy
05-25-2012, 04:33 PM
He's elected per this report on his campaign finance scandel.

Justice of the Peace, Lanny Moriarty – TEC Resolution – $2,800 Civil Fine/ (http://montgomerytx.countymonitor.com/2009/05/11/justice-of-the-peace-lanny-moriarty-tec-resolution-2800-civil-fine/)

XNN


Good find!

If there's any chance that someone will challenge this guy...... :mad:

KCIndy
05-25-2012, 04:38 PM
Hmm.

Looks like he ran unopposed in 2010, and his term is up in 2014:

http://judgepedia.org/index.php/Lanny_Moriarty


Lanny Moriarty is the justice of the peacefor Precinct 1 in Montgomery County, Texas. His current term expires in 2014. [1]
2010 election

Moriarty was re-elected after running unopposed. [2]

Tod
05-25-2012, 05:03 PM
How much ya wanna bet Judge Moriarty barely made it through school?

TheTexan
05-25-2012, 05:46 PM
Sent to jail for skipping prison... this country rocks

Danke
05-25-2012, 08:04 PM
that'll (not) learn ya!

NOW BACK TO YOUR SLAVE TRAINING, SLAVE!


SO MUCH FOR TRYING HARD.
ALL THAT MATTERS IS COMPLIANCE.
DO WHAT YOUR FUCKING TOLD!



got revolution?

Did you just pull a cheapseats?

flynn
05-25-2012, 08:17 PM
Justice at the hand of the state.

Kodaddy
05-25-2012, 08:23 PM
Drudged... Wish I could chip in for her fine... Make some noise, these kinds of judges must be recalled...

osan
05-25-2012, 10:00 PM
Me too. :(

Send to Drudge, people! I WILL +REP EVERYONE WHO SUBMITS THIS TO THE DRUDGE SITE!

I *hate* bullies, and this judge sounds like he's a natural.

Done.

QuickZ06
05-25-2012, 10:08 PM
Yeah send the good kids to jail that have a ton of responsibility at such a young age, that will show um.

PaulConventionWV
05-27-2012, 05:57 AM
http://www.khou.com/video/yahoo-video/Honor-Student-Jailed-for-Absences-153847275.html



HOUSTON—A judge threw a 17-year-old 11th grade honor student from Willis High School in jail after she missed school again.

Judge Lanny Moriarty said last month Diane Tran was in his Justice of the Peace court for truancy and he warned her then to stop missing school. But she recently missed classes again so Wednesday he issued a summons and had her arrested in open court when she appeared.

Tran said she works a full-time job, a part-time job and takes advanced placement and dual credit college level courses. She said she is often too exhausted to wake up in time for school. Sometimes she misses the entire day, she said. Sometimes she arrives after attendance has been taken.

The judge ordered Tran to spend 24 hours in jail and pay a $100 fine. Judge Moriarty admitted that he wants to make an example of Tran.

“If you let one (truant student) run loose, what are you gonna’ do with the rest of ‘em? Let them go too?” Judge Moriarty asked.

Tran said she is working so hard because she is helping to support an older brother who attends Texas A&M University and a baby sister who lives with relatives in Houston. Tran said her parents divorced “out of the blue” and both moved away, leaving her in Willis. Her mother lives in Georgia, she said.

“I always thought our family was happy,” the teen said tearfully.

Tran lives with the family of one of her employers. They own a wedding venue. She works at the Vineyard of Waverly Manor on weekends and at a dry cleaners full time.

“She goes from job to job, from school she stays up ‘til 7 o’clock in the morning,” said her friend, co-worker and classmate Devin Hill.

Great solution, judge.

Late for school? Clap 'em in irons.

Acala
05-27-2012, 06:06 AM
http://www.khou.com/video/yahoo-video/Honor-Student-Jailed-for-Absences-153847275.html




Great solution, judge.

Late for school? Clap 'em in irons.

It's the law that is wrong. In fact the whole idea of government-run education is wrong. But if you are going to have the rule of law, then everyone, including judges, have to follow the law even if they don't like the result in a particular case.

If you want this judge to ignore the law when he wants, what can you then say to a judge who ignores the Constitution when he wants? You can either have the rule of law, where everyone follows the rules as written, or you can have the rule of men, where men in power do what they want. You can't have both.

This case should not be used to argue for judges to ignore the law, but to argue for changing the law.

phill4paul
05-27-2012, 06:06 AM
This country has gone to hell in a hand basket. Everything is about compliance and control. 'Land of the Free' my ass.

tod evans
05-27-2012, 06:11 AM
Just think.........She could have got pregnant dropped out, drawn a bigger check than she's getting working two jobs and avoided arrest if she'd played the game.......

Instead she tries to be responsible and do the right thing..........

libertyjam
05-27-2012, 06:46 AM
I keep thinking what do you expect from a judge with a name like that? Judge Moriarty, Sherlock Holmes evil nemesis! He probably secretly delights in handing out unjust sentences to mostly upstanding people just to live up to his infamous name! :D The more innocent the better!

Danke
05-27-2012, 06:47 AM
It's the law that is wrong. In fact the whole idea of government-run education is wrong. But if you are going to have the rule of law, then everyone, including judges, have to follow the law even if they don't like the result in a particular case.

If you want this judge to ignore the law when he wants, what can you then say to a judge who ignores the Constitution when he wants? You can either have the rule of law, where everyone follows the rules as written, or you can have the rule of men, where men in power do what they want. You can't have both.

This case should not be used to argue for judges to ignore the law, but to argue for changing the law.

Let's not confuse the Constitution with silly Statutes. I'd prefer going the Common Law route where there needs to be an injured party, not just a remedy for a broken statute, etc.

Which makes this case ironic, the "victim" from the lack of school attendance (or "education) is also the defendant that is fined/jailed.

KCIndy
05-27-2012, 07:32 AM
This has already been discussed in this thread:

http://www.ronpaulforums.com/showthread.php?378256-Judge-throws-honors-student-in-the-pokey

But I'm glad to see it reposted here in General Politics where it will get more attention, because IMHO it NEEDS more attention. This judge is, at the very least, a small minded, self-aggrandizing bully.

I hate bullies.

There is a Change.org petition making the rounds in regard to this case, and it has already garnered more than 6K signatures. Here's the link if anyone cares to sign it and pass it along, as I've already done:

http://www.change.org/petitions/lanny-moriarty-justice-of-the-peace-precinct-1-revoke-the-fine-and-sentencing-of-honors-student-diane-tran?utm_medium=twitter&utm_source=share_petition

The petition link comes from this follow-up story of the case:

http://www.ibtimes.com/articles/345746/20120526/diane-tran-texas-honors-student-jailed.htm

As far as I'm concerned, this judge shouldn't be holding office. Voting him out in his next election (2014) isn't good enough. My opinion is that he should be impeached and removed from office immediately, so he can't abuse his ill-deserved power any longer.

Oh, and the kicker??

According another local news source (KHOU - Houston) the judge couldn't be interviewed about the controversy on Friday. He - get this - wasn't available, because he took Friday off.

Guess he was too tired to work.

:mad::mad::mad:

Lishy
05-27-2012, 07:41 AM
BUT SHE NEEDS TO GO TO THE PUBLIC HIGH SCHOOL SYSTEM!!! HOW DARE HER!!!! I WILL MAKE AN EXAMPLE OUT OF YOU DAMN IT!!!!!

truelies
05-27-2012, 07:42 AM
It's the law that is wrong. In fact the whole idea of government-run education is wrong. But if you are going to have the rule of law, then everyone, including judges, have to follow the law even if they don't like the result in a particular case.

If you want this judge to ignore the law when he wants, what can you then say to a judge who ignores the Constitution when he wants? You can either have the rule of law, where everyone follows the rules as written, or you can have the rule of men, where men in power do what they want. You can't have both.

This case should not be used to argue for judges to ignore the law, but to argue for changing the law.

What is missed here is that 'rule of law' is insufficient if the laws are immoral. Such 'laws' deserve no support or cooperation from anyone. Those who help in any way to enforce such 'laws' are themselves aggressive criminals.

Lishy
05-27-2012, 07:51 AM
SHE'S PLAYING HOOKY!! THROW THE BITCH IN JAIL!!! LA-LA-LA-LA-LA, I DON'T HEAR YOU!!!!!!

(What's going on in the Judge's mind?)

Man, Anonymous is gonna have fun with this story...

KCIndy
05-27-2012, 08:19 AM
I didn't start this petition; I discovered it via a local news story. But I did sign, and I'm passing it along in case anyone else wants to:

http://www.change.org/petitions/lanny-moriarty-justice-of-the-peace-precinct-1-revoke-the-fine-and-sentencing-of-honors-student-diane-tran?utm_medium=twitter&utm_source=share_petition

I hope the so-called judge gets an earful. :(

Origanalist
05-27-2012, 08:59 AM
What a story. This is rediculous. This girl doesn't need jail (like half the people in there), she needs to start looking out for herself. And the dam judge should be hung by his non-existent nuts for doing this instead of counseling her to start taking care of herself.

Origanalist
05-27-2012, 09:05 AM
double post

Acala
05-27-2012, 09:58 AM
What is missed here is that 'rule of law' is insufficient if the laws are immoral. Such 'laws' deserve no support or cooperation from anyone. Those who help in any way to enforce such 'laws' are themselves aggressive criminals.

And so it is for the judge to determine which laws are moral and which are not?

What this judge should have done is enforce the law as written and then use that injustice as a springboard for his own public denouncement of the law.

Acala
05-27-2012, 10:01 AM
Let's not confuse the Constitution with silly Statutes. I'd prefer going the Common Law route where there needs to be an injured party, not just a remedy for a broken statute, etc.

Which makes this case ironic, the "victim" from the lack of school attendance (or "education) is also the defendant that is fined/jailed.


What you are suggesting is a change in the law, with which I agree. Change the law, don't ignore it.

tod evans
05-27-2012, 10:05 AM
What you are suggesting is a change in the law, with which I agree. Change the law, don't ignore it.

I'd like to add to this;

Repeal laws.....don't write new ones.

Legislation is what has moved the "just-us" department way off kilter and even entertaining the idea that legislators can "fix" bad legislation is foolish.

Danke
05-27-2012, 10:12 AM
What you are suggesting is a change in the law, with which I agree. Change the law, don't ignore it.

I ignore these so-called laws that I am not party to.

Anti Federalist
05-27-2012, 11:24 AM
And so it is for the judge to determine which laws are moral and which are not?

What this judge should have done is enforce the law as written and then use that injustice as a springboard for his own public denouncement of the law.

I was always under the impression that a judge and jury was supposed to do exactly that: judge.

"Zero Tolerance" laws may mandate that you spend five years in prison for carrying a firearm.

But is there not a difference to be judged between a gang banger with 10 prior convictions carrying a Kel-Tec 9 and a grandmother in a bad neighborhood with no prior record carrying a revolver to try and protect herself?

If judges and juries are not there to judge and decide each case based on both the law and justice and the individual circumstances, then why bother?

Just have the cops summarily execute everybody.

It's getting to that point anyways.

Lishy
05-27-2012, 11:38 AM
Was there even a jury in this case? And what the hell is up with that judge's beliefs anyways? Why NOT talk to the news to defend his decision? What the fuck is the moral of the story supposed to be!? I think the internet should unite and exploit him for wasting tax payer money! That judge needs to get out, and that girl needs saving! I am so angry at this story!

Spoa
05-27-2012, 11:42 AM
http://news.yahoo.com/video/houston11news-15750765/honor-student-placed-in-jail-for-tardiness-and-truancy-at-school-29458964.html

She is still an honors student, works hard on her school work, works two jobs to help her younger siblings get through, and yet, she gets put in jail. I don't think she should have a criminal record. She isn't a criminal!

MoneyWhereMyMouthIs2
05-27-2012, 11:46 AM
As far as I'm concerned, this judge shouldn't be holding office. Voting him out in his next election (2014) isn't good enough. My opinion is that he should be impeached and removed from office immediately, so he can't abuse his ill-deserved power any longer.

Oh, and the kicker??

According another local news source (KHOU - Houston) the judge couldn't be interviewed about the controversy on Friday. He - get this - wasn't available, because he took Friday off.

Guess he was too tired to work.

:mad::mad::mad:

Anyone with experience in even the civil judicial system (not saying you don't) knows that judges pretty much do whatever they want, whenever they want, and they never face any repercussions. Maybe one high profile asshat move like this will get one unelected, but I don't think it would change the culture of unaccountable judge behavior for anyone else. :(

AGRP
05-27-2012, 11:49 AM
"If you let one of them run loose, then what are you going to do with the rest of them?" Did he really say that? Stay in line slave. Let this be a lesson to other slaves who think it's ok to walk off the plantation. We can't have others believing they can succeed without attending our state brainwashing centers.

Brian4Liberty
05-27-2012, 11:54 AM
Let's not confuse the Constitution with silly Statutes. I'd prefer going the Common Law route where there needs to be an injured party, not just a remedy for a broken statute, etc.


The injured party is the government. The schools get money based on attendance. She stole from the government school. This will no longer be tolerated.

Brian4Liberty
05-27-2012, 12:00 PM
Follow the money...

http://www.kansascity.com/2012/05/03/3592093/kc-passes-anti-truancy-measure.html


Rather than have Kansas City police pick up kids they think might be skipping school, city prosecutors will issue tickets to parents of chronic truants based on attendance records provided by the schools.

...

The ordinance will not take effect until next school year. Parents could face fines of up to $500, but they would initially get warnings to get their children in school. To avoid fines and court costs, parents also could attend parenting classes and receive counseling, Councilman John Sharp said.

mad cow
05-27-2012, 12:00 PM
Is the law that if she is enrolled in a public school she must attend?Surely they have high school drop outs in Texas that aren't being arrested,or at least they did.I know a bunch of them.

KCIndy
05-27-2012, 12:13 PM
Is the law that if she is enrolled in a public school she must attend?Surely they have high school drop outs in Texas that aren't being arrested,or at least they did.I know a bunch of them.

The law in Texas requires mandatory attendance until age 18. (I had been under the impression it was 16, but I was wrong). Here's the link: http://www.tea.state.tx.us/index4.aspx?id=8327 (click on "compulsory attendance" about halfway down the page)

I'm sure there are plenty of other kids in Texas who have dropped out early and aren't facing any repercussions. The judge in this case admitted he simply wanted to "make an example" of Diane. He had the abusive power and figured he would face no repercussions. She was innocent, alone, and helpless.

The judge's action is the textbook example of a bully. He abused someone who was completely powerless to resist him, and who was completely at his mercy.

How much do you want to bet he would NOT have tried such a stunt with the child of an important politician, or some wealthy business executive who had the resources to hire a good attorney and follow up with a powerful complaint to the state bar association?

Brian4Liberty
05-27-2012, 12:14 PM
Go to school, or make up the lost revenue...

Next up, call the Police at least once a week, or pay a non-use fee.



http://colorlines.com/archives/2011/01/pennsylvania_town_parents_sue_school_district_over _exorbitant_truancy_fines.html

The lawsuit claims that the school district demanded excessive and illegal fines for truants that exploited the truancy policy into what the Pennsylvania NAACP called an “outrageously, discriminatory truancy punishment machine.” The Public Interest Law Center claims that one student accrued $27,000 of debt and another student’s family had been fined more than $12,000.

The Lebanon Daily News profiled the Hummels, who were slammed with exorbitant fines. Lenora Hummel said her kids Justin and Shannon faced bullying and harassment that made them terrified of going to school. For that they were fined more than $8,000. Hummel said that when she contacted the school to ask them to address her kids’ concerns, the school said they had no control over the situation. The fines kept coming. Shannon is going to school online and Justin, now 20, is trying to get his GED elsewhere.

According to the lawsuit, Pennsylvania sets a maximum penalty at $300 per violation, but state law also allows judges to decide fines for families. Fines can be levied against parents as well as any student who’s at least 13 years old. Judges also have the right to order parents to enroll in parenting education programs, but parents of repeat offenders face jail time as well or in the most extreme cases, loss of their parental rights. The Public Interest Law Center claimed in a press release that the Lebanon school district charged nearly $500,000 in fines in one school year, from 2008-2009, and that it had taken families to court over 8,000 times in just six years. The controversy began in 2009 when parents approached the school board to complain about the fines.

KCIndy
05-27-2012, 12:18 PM
Anyone with experience in even the civil judicial system (not saying you don't) knows that judges pretty much do whatever they want, whenever they want, and they never face any repercussions. Maybe one high profile asshat move like this will get one unelected, but I don't think it would change the culture of unaccountable judge behavior for anyone else. :(


I'll admit you're right, there's probably nothing we can do about the entire corrupt system. But since this judicial "asshat" (great description!) is in the public eye right now, at least there's a chance we can cauterize this one particular oozing sore in the civil judiciary.

Who knows? If enough people howl about this, maybe we can "make an example" of him, just as he was trying to do to this poor kid. With any luck, some other judge will think twice before trying such a stunt in the future.

Kluge
05-27-2012, 12:36 PM
How does this work? Was it just the kid in front of a judge? No jury/representation, etc?

oyarde
05-27-2012, 12:44 PM
Follow the money...

http://www.kansascity.com/2012/05/03/3592093/kc-passes-anti-truancy-measure.html Oh goody , goody , parenting classes and counseling , that ought to fix everything .

Acala
05-27-2012, 12:46 PM
I was always under the impression that a judge and jury was supposed to do exactly that: judge.


Juries and, in the absence of a jury, judges, try THE FACTS. The law is given to them by the legislature to apply as is to the facts they find. Juries also can, as a practical matter, nullify a law in the criminal context in a given case because nobody has authority to overturn their decision or look behind their reasoning for a not-guilty verdict. If a judge fails to apply the law as written, he can and will be overturned by a higher court. It is a judge's duty to apply the law as written unless he has grounds for declaring the law a nullity if, for example, he finds it unconstitutional. A judge does NOT get to refuse to enforce a validly enacted law just because he doesn't like it. Having clerked for a Federal judge who was a pretty decent guy, I often watched him literally tortured by having to enforce a law he felt was draconian.

So, no, it is not the job of a judge to judge the LAW, unless he has grounds for finding it invalid. Thinking it is a bad law is not enough.

While it is easy to think of many laws I would prefer to have ignored (if I were not an advocate of the rule of law) I can also think of some I would NOT like to see ignored.

How do you like it when laws that should hold cops accountable are ignored? Would you like to have laws authorizing concealed carry ignored? Want to see medical mj laws ignored? How about state laws that ban speed cameras? Plenty of judges would be happy to oblige you and ignore those laws.

Change the law, don't expect or allow judges to change it on their own whim. That is no solution. That is the end of the rule of law and a full embrace of the rule of men.

Brian4Liberty
05-27-2012, 12:47 PM
I *hate* bullies, and this judge sounds like he's a natural.

This judge needs to spend a few nights in jail, in the GP.

mad cow
05-27-2012, 12:48 PM
The law in Texas requires mandatory attendance until age 18. (I had been under the impression it was 16, but I was wrong). Here's the link: http://www.tea.state.tx.us/index4.aspx?id=8327 (click on "compulsory attendance" about halfway down the page)

I'm sure there are plenty of other kids in Texas who have dropped out early and aren't facing any repercussions. The judge in this case admitted he simply wanted to "make an example" of Diane. He had the abusive power and figured he would face no repercussions. She was innocent, alone, and helpless.

The judge's action is the textbook example of a bully. He abused someone who was completely powerless to resist him, and who was completely at his mercy.

How much do you want to bet he would NOT have tried such a stunt with the child of an important politician, or some wealthy business executive who had the resources to hire a good attorney and follow up with a powerful complaint to the state bar association?

Thanks for the link.It seems that this law dates back to 1997.It is a bad law for all involved(except for the State coffers)and it should be repealed.

thoughtomator
05-27-2012, 12:49 PM
This happened in Houston... contact your Texas legislators and get this judge impeached.

TheTexan
05-27-2012, 01:03 PM
Juries and, in the absence of a jury, judges, try THE FACTS. The law is given to them by the legislature to apply as is to the facts they find. Juries also can, as a practical matter, nullify a law in the criminal context in a given case because nobody has authority to overturn their decision or look behind their reasoning for a not-guilty verdict. If a judge fails to apply the law as written, he can and will be overturned by a higher court. It is a judge's duty to apply the law as written unless he has grounds for declaring the law a nullity if, for example, he finds it unconstitutional. A judge does NOT get to refuse to enforce a validly enacted law just because he doesn't like it. Having clerked for a Federal judge who was a pretty decent guy, I often watched him literally tortured by having to enforce a law he felt was draconian.

So, no, it is not the job of a judge to judge the LAW, unless he has grounds for finding it invalid. Thinking it is a bad law is not enough.

While it is easy to think of many laws I would prefer to have ignored (if I were not an advocate of the rule of law) I can also think of some I would NOT like to see ignored.

How do you like it when laws that should hold cops accountable are ignored? Would you like to have laws authorizing concealed carry ignored? Want to see medical mj laws ignored? How about state laws that ban speed cameras? Plenty of judges would be happy to oblige you and ignore those laws.

Change the law, don't expect or allow judges to change it on their own whim. That is no solution. That is the end of the rule of law and a full embrace of the rule of men.

I had an excellent reply in mind, along the lines of "just because you can prosecute someone doesn't mean you should"... but then I saw this:


How do you like it when laws that should hold cops accountable are ignored?

Laws that should hold cops accountable are being ignored. So what's the point of enforcing every law, if laws are already only being selectively enforced?

PaulConventionWV
05-27-2012, 01:18 PM
And so it is for the judge to determine which laws are moral and which are not?

What this judge should have done is enforce the law as written and then use that injustice as a springboard for his own public denouncement of the law.

My philosophy is that it is worse to convict one innocent person than let 100 guilty people free. That said, I would not be able to enforce this law. I would de-force the law, then denounce it.

tod evans
05-27-2012, 01:21 PM
Laws that should hold cops accountable are being ignored. So what's the point of enforcing every law, if laws are already only being selectively enforced?

The prosecuting attorney should have huge hurdles to leap in order to obtain a conviction.

In this case the prosecutor is at least as culpable as the judge if not more so.

Who in their right mind prosecutes a kid in these circumstances?

So spread the love around...

PaulConventionWV
05-27-2012, 01:21 PM
//

Lishy
05-27-2012, 01:28 PM
Thing is, this ruined the girl's life with a 'crimina'l record. And for what? Because Obama passed a mandate (apparently) that no one could drop out until 18!? (Because of some unbacked statement how people do better the longer they're in school!?)

I say the girl should counter-sue.

And if the law will not help us, let's beg anonymous to do something, because this isn't right!

aGameOfThrones
05-27-2012, 03:25 PM
That's what happens when judges watch too much Judge Dredd.

PaulConventionWV
05-27-2012, 05:48 PM
Thing is, this ruined the girl's life with a 'crimina'l record. And for what? Because Obama passed a mandate (apparently) that no one could drop out until 18!? (Because of some unbacked statement how people do better the longer they're in school!?)

I say the girl should counter-sue.

And if the law will not help us, let's beg anonymous to do something, because this isn't right!

I doubt this will "ruin her life" in any sense of the word. Employers are going to look at that and think "High school... those were the days." Then, when she gets a chance to explain it, they'll probably hire her just for her extreme work ethic... she works so hard that it's criminal.

pcosmar
05-27-2012, 06:00 PM
Moriarty ?

http://upload.wikimedia.org/wikipedia/en/thumb/5/5d/Viktor_Yevgrafov_as_Moriarty.jpg/220px-Viktor_Yevgrafov_as_Moriarty.jpg

Oddly appropriate.

Anti Federalist
05-27-2012, 06:14 PM
I doubt this will "ruin her life" in any sense of the word. Employers are going to look at that and think "High school... those were the days." Then, when she gets a chance to explain it, they'll probably hire her just for her extreme work ethic... she works so hard that it's criminal.

You have no idea, my brother, what a criminal record will do to your employment chances these days.

Just an arrest record would disqualify her from obtaining the documents needed to work in my business.

Or be a truck driver.

Salvial
05-27-2012, 06:31 PM
All I can think of is John Taylor Gatto's Ultimate History Lesson.

This girl has volition and is able to be self-directed in her education and maintain an excellent standard. She sleeps in because she's so successful? Criminal!

Acala
05-27-2012, 06:37 PM
Laws that should hold cops accountable are being ignored. So what's the point of enforcing every law, if laws are already only being selectively enforced?

The point is that part of the decay in the American Republic is a slipping away from the rule of law. It is especially prevalent and pernicious at the Federal level where the Constitution, rather than being regarded as THE LAW that everyone must follow as written, is just a goddamned piece of paper that everyone ignores if they feel like it. And that is the identical problem with having a judge ignore laws just because he doesn't like them. If you don't like the Constitution, amend it, don't ignore it. If you are a judge and you don't like a law, change it, don't ignore it. That is what it means to have the rule of law rather than the rule of men. Once you accept that judges don't have to apply the law as written but can apply or not apply the law as they see fit, you might as well give up having written law at all. Because some judges ignore the law, as is sometimes the case with police defendants, doesn't mean the rule of law should be abandoned altogether. Rather, it means we need to restore it in ALL cases, and REPEAL bad laws. .

phill4paul
05-27-2012, 06:41 PM
You have no idea, my brother, what a criminal record will do to your employment chances these days.

Just an arrest record would disqualify her from obtaining the documents needed to work in my business.

Or be a truck driver.

Or rent an apartment. Or.......

tttppp
05-27-2012, 06:41 PM
This girl is basically taking college level courses. She's pretty much done with the high school level courses. Why should she be required to go to school? This seems to be a case where they are more concerned about wasting 12 years of your life than they are that you get an education.

TheTexan
05-27-2012, 07:01 PM
The point is that part of the decay in the American Republic is a slipping away from the rule of law. It is especially prevalent and pernicious at the Federal level where the Constitution, rather than being regarded as THE LAW that everyone must follow as written, is just a goddamned piece of paper that everyone ignores if they feel like it. And that is the identical problem with having a judge ignore laws just because he doesn't like them. If you don't like the Constitution, amend it, don't ignore it. If you are a judge and you don't like a law, change it, don't ignore it. That is what it means to have the rule of law rather than the rule of men. Once you accept that judges don't have to apply the law as written but can apply or not apply the law as they see fit, you might as well give up having written law at all. Because some judges ignore the law, as is sometimes the case with police defendants, doesn't mean the rule of law should be abandoned altogether. Rather, it means we need to restore it in ALL cases, and REPEAL bad laws. .

On the Rule of Law issue... I can simultaneously win this argument and lose it with one word:

Hitler

AgentOrange
05-27-2012, 07:13 PM
How does this work? Was it just the kid in front of a judge? No jury/representation, etc?

She's a minor...that means her case is held in Juvenile Court. Juvenile Courts don't have to give the same civil rights to minors, that adult courts must offer to adults (ie trial by jury, open court procedings, a lawyer if you can't afford one--it's solely at the judges discretion if he wants to appoint a lawyer for you.) The problems with Juvenile Courts is a whole other issue.

Danke
05-27-2012, 07:17 PM
She's a minor...that means her case is held in Juvenile Court. Juvenile Courts don't have to give the same civil rights to minors, that adult courts must offer to adults (ie trial by jury, open court procedings, a lawyer if you can't afford one--it's solely at the judges discretion if he wants to appoint a lawyer for you.) The problems with Juvenile Courts is a whole other issue.

Hmmm. Sounds like someone had to submit (unknowingly agree to) to this court's jurisdiction to begin with. Ignorant juvenile? Sounds like fraud.

UMULAS
05-27-2012, 07:17 PM
Good God, you can go to jail for skipping school...? Crap, I think im going away for life :P

Lishy
05-27-2012, 07:36 PM
I say we harass the judge until he tells us what the moral of the story is and gives us a damn good reason why she must go to jail.

What's his contact info?

Kluge
05-27-2012, 07:44 PM
http://flamingolakespoa.com/joomla/index.php?option=com_contact&view=contact&id=5%3Alannymoriarty&catid=12%3Acontacts&Itemid=15

AgentOrange
05-27-2012, 07:44 PM
Hmmm. Sounds like someone had to submit (unknowingly agree to) to this court's jurisdiction to begin with. Ignorant juvenile? Sounds like fraud.

Don't all truancy cases automatically go to Juvenile Court?

Dark_Horse_Rider
05-27-2012, 07:49 PM
I say we harass the judge until he tells us what the moral of the story is and gives us a damn good reason why she must go to jail.

What's his contact info?

You really believe there is a good reason there to cite ?

Danke
05-27-2012, 07:51 PM
Don't all truancy cases automatically go to Juvenile Court?

Maybe, by why submit? Are you under their jurisdiction? If so, how?

Lishy
05-27-2012, 07:53 PM
You really believe there is a good reason there to cite ?
Oh course not. That's the point. But if we force crooks like him to talk anyways, it's still a victory because any stupid person could see through their bullshit when they try to "justify" their actions, simply because there is NO good reason!

http://flamingolakespoa.com/joomla/index.php?option=com_contact&view=contact&id=5%3Alannymoriarty&catid=12%3Acontacts&Itemid=15

Hrm.. This is the info apparently. Great. Now we need an army of liberty-minded people to question him and record his calls!

Let's protest the selfish asshole exploiting this poor, innocent girl just so he could make another day of salary!!

Danke
05-27-2012, 07:53 PM
http://flamingolakespoa.com/joomla/index.php?option=com_contact&view=contact&id=5%3Alannymoriarty&catid=12%3Acontacts&Itemid=15

Chip in to send Amy to give the judge her full wrath.

TheTexan
05-27-2012, 07:58 PM
Oh course not. That's the point. But if we force crooks like him to talk anyways, it's still a victory because any stupid person could see through their bullshit when they try to "justify" their actions, simply because there is NO good reason!

Acala isn't stupid, and he'd support the judge. See his responses for how most people would approach this situation.

The problem isn't that most people are stupid... the problem is more that they are conditioned, and it's not as simple as just presenting the facts and expecting a common sense result.

That isn't to say you shouldn't try though. I would encourage you to try, if only for you to see what I'm talking about

jmdrake
05-27-2012, 08:02 PM
If we let one judge get away with being a power crazed asshole, what are we gonna do with the rest of them? :mad::mad:

Anyone know if this jerk is in an elected position? If not, maybe he can be impeached.


Most important: EVERYONE OUGHT TO SEND THIS ONE IN TO DRUDGE.

Drudged

dillo
05-27-2012, 08:05 PM
wait you go to jail for being late to school?

Kluge
05-27-2012, 08:08 PM
Chip in to send Amy to give the judge her full wrath.

Woohoo! Roadtrip!

I'll bring the silly string and Bic lighter!

Danke
05-27-2012, 08:10 PM
wait you go to jail for being late to school?

You don't want these ne'er-do-wells roaming our streets, do ya?

Danke
05-27-2012, 08:12 PM
Woohoo! Roadtrip!

I'll bring the silly string and Bic lighter!

Well, if anything it might give Kludge some solace.

Lishy
05-27-2012, 08:20 PM
Acala isn't stupid, and he'd support the judge. See his responses for how most people would approach this situation.

The problem isn't that most people are stupid... the problem is more that they are conditioned, and it's not as simple as just presenting the facts and expecting a common sense result.

That isn't to say you shouldn't try though. I would encourage you to try, if only for you to see what I'm talking about

Either way, I insist. We must at least pressure him to speak to the press, as that will be a single step of victory in the long run for the entire court system.
http://flamingolakespoa.com/joomla/index.php?option=com_contact&view=contact&id=5%3Alannymoriarty&catid=12%3Acontacts&Itemid=15

Kluge
05-27-2012, 08:28 PM
Well, if anything it might give Kludge some solace.

Not really. I won't be taking the kid.

KCIndy
05-27-2012, 09:36 PM
http://flamingolakespoa.com/joomla/index.php?option=com_contact&view=contact&id=5%3Alannymoriarty&catid=12%3Acontacts&Itemid=15

Thanks for the link!

According to Jerk... uh, I mean, Judge Moriarty's site, his office is closed *every* Friday. The dud works a four day week. No wonder he can't wrap his mind around the idea that someone working two jobs and attending school full time might be a bit tired.

AgentOrange
05-27-2012, 09:36 PM
Maybe, by why submit? Are you under their jurisdiction? If so, how?

By virtue of being born? I honestly don't know...can a juvenile refuse the juvenile court? I'm assuming she isn't emancipated, since that was never mentioned in the article, so who is legally responsible for her? Did one of the absent parents throw her to the dogs and OK the submission? If she's not emancipated, why isn't the judge going after the absent parents, rather than her? If she is emancipated, does TX law still require her to attend school--that would seem silly, since the idea behind emancipation is that the juvenile is capable of supporting themselves. Lots of questions I don't know the answer to.

Danke
05-27-2012, 09:41 PM
By virtue of being born? I honestly don't know...can a juvenile refuse the juvenile court? I'm assuming she isn't emancipated, since that was never mentioned in the article, so who is legally responsible for her? Did one of the absent parents throw her to the dogs and OK the submission? If she's not emancipated, why isn't the judge going after the absent parents, rather than her? If she is emancipated, does TX law still require her to attend school--that would seem silly, since the idea behind emancipation is that the juvenile is capable of supporting themselves. Lots of questions I don't know the answer to.

Well, it is an administrative court. So how can a minor enter into a contract?

I can see going after the parents, but a 17 year old? no.

KCIndy
05-27-2012, 09:49 PM
If she's not emancipated, why isn't the judge going after the absent parents, rather than her? If she is emancipated, does TX law still require her to attend school--that would seem silly, since the idea behind emancipation is that the juvenile is capable of supporting themselves. Lots of questions I don't know the answer to.


After doing a bit of checking, it looks to me like the state of Texas has basically made it illegal to drop out of school. Check out this link:

http://www.tea.state.tx.us/index4.aspx?id=8327

Go to the section marked "Compulsory attendance - age 18" about halfway down. As I read it, under Texas law a person must be eighteen years old to drop out, and even then can be *mandated* by the school district to attend school if the Powers That Be get a burr up their collective asses:


(e) A person who voluntarily enrolls in school or voluntarily attends school after the person's 18th birthday shall attend school each school day for the entire period the program of instruction is offered. A school district may revoke for the remainder of the school year the enrollment of a person who has more than five absences in a semester that are not excused under Section 25.087. A person whose enrollment is revoked under this subsection may be considered an unauthorized person on school district grounds for purposes of Section 37.107.

(f) The board of trustees of a school district may adopt a policy requiring a person described by Subsection (e) who is under 21 years of age to attend school until the end of the school year.

Damn. Glad I don't live in Texas. :(

AgentOrange
05-27-2012, 09:55 PM
Well, it is an administrative court. So how can a minor enter into a contract?

I can see going after the parents, but a 17 year old? no.

It sounds like this poor girl really needs a good lawyer. Undoubtedly she is getting screwed over.

Lishy
05-27-2012, 09:56 PM
I wish that girl could have some sort of mini-moneybomb to counter-sue or something, and challenge the system. That would be a great victory for liberty if the law changes...

Danke
05-27-2012, 09:59 PM
It sounds like this poor girl really needs a good lawyer. Undoubtedly she is getting screwed over.

Worse thing she could do.

KCIndy
05-27-2012, 10:01 PM
Just a reminder, there's a petition at Change.org in support of Diane Tran:

http://www.change.org/petitions/honor-student-jailed-for-missing-school-ask-the-judge-to-cancel-her-fine-and-sentencing?utm_medium=twitter&utm_source=share_petition

15K sigs and counting.

Kluge
05-27-2012, 10:15 PM
Just a reminder, there's a petition at Change.org in support of Diane Tran:

http://www.change.org/petitions/honor-student-jailed-for-missing-school-ask-the-judge-to-cancel-her-fine-and-sentencing?utm_medium=twitter&utm_source=share_petition

15K sigs and counting.

I wish it was a petition to remove the judge.

Warrior_of_Freedom
05-27-2012, 10:18 PM
I worked during school and I was literally late 70 days out of the school year (Only by like 30 minutes max), and I still passed with all A's and B's. My teachers had something called empathy.

TheTexan
05-27-2012, 10:23 PM
I worked during school and I was literally late 70 days out of the school year (Only by like 30 minutes max)

Same, but I was in private school. For high school, I went 2 years public, 2 years private, and the difference was night and day. For those who can't home school (which is obviously the best choice), find a private school, it's worth the cost.

KCIndy
05-27-2012, 10:37 PM
I worked during school and I was literally late 70 days out of the school year (Only by like 30 minutes max), and I still passed with all A's and B's. My teachers had something called empathy.

Diane Tran (the young lady in the story) was having a similar experience to yours, based on the many news reports I've read. She was often "late" only by a few minutes, but that was enough to get her counted as "absent" by the school system. Sounds like her teachers were either lacking in empathy, or (more likely) there's some sort of "time clock" system in place that can't be fudged over by a sympathetic teacher.

This is just nuts. :(

KCIndy
05-27-2012, 10:41 PM
For those who can't home school (which is obviously the best choice), find a private school, it's worth the cost.


Some time back, I had a discussion with some acquaintances who were considering private vs. public school. They were bemoaning the cost of the private school, which (to my recollection) was something like $400/month.

I pointed out that a $400/month payment was about the same cost as buying a new car. Which was more important, I asked, their kid's education or driving a new SUV?

The kid went to government school. They pick him up in a shiny new SUV.

:(

tttppp
05-27-2012, 11:46 PM
After doing a bit of checking, it looks to me like the state of Texas has basically made it illegal to drop out of school. Check out this link:

http://www.tea.state.tx.us/index4.aspx?id=8327

Go to the section marked "Compulsory attendance - age 18" about halfway down. As I read it, under Texas law a person must be eighteen years old to drop out, and even then can be *mandated* by the school district to attend school if the Powers That Be get a burr up their collective asses:



Damn. Glad I don't live in Texas. :(

Thats bullshit. So if you are smart enough to pass all the required classes ahead of time, you are still required to attend school until you are 18?

KCIndy
05-28-2012, 12:21 AM
Thats bullshit. So if you are smart enough to pass all the required classes ahead of time, you are still required to attend school until you are 18?


According to Texas law, there's an exception IF the student in question is under 18 but already has a diploma. But whether the school would let her test out is another question. She's obviously smart enough, but if she's not attending, they're not getting their precious government funding. She could probably get a GED, but that would likely kill any real chance she might have of pursuing a university education.

tttppp
05-28-2012, 12:31 AM
According to Texas law, there's an exception IF the student in question is under 18 but already has a diploma. But whether the school would let her test out is another question. She's obviously smart enough, but if she's not attending, they're not getting their precious government funding. She could probably get a GED, but that would likely kill any real chance she might have of pursuing a university education.

In this example, it seems like she is taking classes above what is required. Advanced placement classes and college classes usually are not required. The judge in this case should have taken note of the level of the student's classes and how well she was doing in them. Attendance isn't everything. I remember I only got a B in one college class because I didn't show up to his boring and pointless class. This is despite the fact I got a 100% on all my work. So point is, attendance isn't everything.

Acala
05-28-2012, 09:27 AM
If anyone really wants to get involved in this case, rather than any of the thousands of equally unjust but less "photogenic" cases the courts spit out every day, and you really want to focus on the judge rather than the law, which is a bit like killing the messenger (but this IS Sparta!!!!!), then I suggest you focus on his discretion in sentencing.

If the judge had discretion in sentencing and he pronounced anything beyond the minimum allowed, he is a douche bag and deserves what he gets. So I suggest focusing on that. If, on the other hand, you go charging out demanding that the judge not enforce a valid law on the books just because you don't like it, you will not be taken seriously.

Origanalist
05-28-2012, 09:43 AM
If anyone really wants to get involved in this case, rather than any of the thousands of equally unjust but less "photogenic" cases the courts spit out every day, and you really want to focus on the judge rather than the law, which is a bit like killing the messenger (but this IS Sparta!!!!!), then I suggest you focus on his discretion in sentencing.

If the judge had discretion in sentencing and he pronounced anything beyond the minimum allowed, he is a douche bag and deserves what he gets. So I suggest focusing on that. If, on the other hand, you go charging out demanding that the judge not enforce a valid law on the books just because you don't like it, you will not be taken seriously.

Good point, and guilty as charged. However, the point then becomes does he enforce the law equally or did he just decide to make an example out of this girl? How does one get his sentencing record for similar cases?

Jingles
05-28-2012, 09:45 AM
She should have asked some of the pro truant students how to do it. I knew quite a few lazy kids in high school (late 90s) who skipped/ditched tons of school and never got in trouble.

ETA: I lol'ed at the title. :D I haven't heard anyone use the word "pokey" in a very long time. Congrats on giving me one of my first lolz of the day. :)

After No Child Left Behind schools got really crazy with enforcing attendance. I graduated in 2009 and it was really like impossible to skip or anything like that because they would take attendance and if you were not there they would call your house. Also it depended on the teacher. The one's that hated nclb would not enforce attendance really (even if it wasn't exactly okay for them to do so). The key also was to skip whole days and not classes. All you needed was a parent note or a fake parent note and you were fine. My family didn't really care if I went a lot of the time senior year because I had like one class per day and then went to work for the rest of the day (I only needed 2 credits to graduate but was required to take 6 because of something stupid. So I did this thing where I could just work at my job and have it count credits). Basically All I needed was electives. So it was like, go to some basically freshman filled art class until about 9am, then work a full day.

Dustancostine
05-28-2012, 10:46 AM
If you want to financially help Diane you can go here: www.helpdianetran.com they have a ticker up. I bet we could spread it around some.

AcousticFoodie
05-28-2012, 11:13 AM
This just shows the education in society is all about attendance and following rules today rather than grit, determination and achievement.

Acala
05-28-2012, 12:01 PM
Good point, and guilty as charged. However, the point then becomes does he enforce the law equally or did he just decide to make an example out of this girl? How does one get his sentencing record for similar cases?

Looking at the blurb it is hard to tell exactly what happened. It looks like the judge issued a warning in the form of an order and then hauled her back in for contempt of court for failing to abide by the order. So the punishment was probably for contempt of court and the court likely has broad discretion for imposing punishment for that.

I don't know how to look up that judge's sentencing history. I would find out what specifically he punished her for - truancy or contempt of court - and then look in the statutes to see if there is a mandatory sentence the infraction involved. If not, he is an asshole and deserves to be abused.

Mani
05-28-2012, 08:34 PM
My sister in law skipped school a lot, now she's a pediatric doctor working in the ER of a children's hospital.

If she was put in jail like this girl she probably wouldn't be saving children's lives today.

PaulConventionWV
05-28-2012, 10:21 PM
You have no idea, my brother, what a criminal record will do to your employment chances these days.

Just an arrest record would disqualify her from obtaining the documents needed to work in my business.

Or be a truck driver.

I have one (albeit a very small one) and have had many jobs since, so I think I have an idea.

PaulConventionWV
05-28-2012, 10:23 PM
Or rent an apartment. Or.......

I doubt anyone's going decide whether or not you can have an apartment based on a criminal record containing 'truancy.'
'

KCIndy
05-28-2012, 11:16 PM
If the judge had discretion in sentencing and he pronounced anything beyond the minimum allowed, he is a douche bag and deserves what he gets. So I suggest focusing on that. If, on the other hand, you go charging out demanding that the judge not enforce a valid law on the books just because you don't like it, you will not be taken seriously.


The judge had FULL discretion in this case. He could have let her go with a slap on the wrist, or could have even commended her in court for a stellar academic record in the face of adversity, followed by an encouragement to try to get to school on time.

Instead, he acted like a complete asshole:


http://abcnews.go.com/US/texas-honor-student-jobs-jailed-missing-school/story?id=16437893#.T8RWT_L4Lio


Judge Moriarty told KHOU 11 News that he intended to make an example of Tran.

"If you let one run loose, what are you going to do with the rest of them? Let them go, too?" Moriarty asked the TV station.

and

http://www.ibtimes.com/articles/345746/20120526/diane-tran-texas-honors-student-jailed.htm


Meanwhile, the judge admitted he wanted to make an example out of Tran. "If you let one run loose, what are you gonna' do with the rest of 'em? Let them go, too? A little stay in the jail for one night is not a death sentence," Moriarty said.

XNavyNuke
05-29-2012, 09:56 AM
Meanwhile the educational police state lumbers on.

Santa Barbara school district, $17 million in the red, vote unanimously to authorize the hiring of a special Truancy DA and a personal assistant. Of course it comes with a goobermint auto too.

http://syvnews.com/news/local/govt-and-politics/county-oks-truancy-fire-funding-plans/article_be8473ec-a880-11e1-966e-0019bb2963f4.html


“This is an extraordinary opportunity to put a program back in place that will help us salvage our children in getting them to attend school and basically salvaging their lives,” Carbajal said before the vote. “It’s really an intervention program. It’s not a law enforcement to get kids and lock them up. It’s to intervene and get the kids back on a better track.”

Lavagnino seconded the motion.

The plan calls for schools and districts, along with the new deputy district attorney, to establish a formal partnership to share responsibility for the truancy prevention program.

XNN

phill4paul
05-29-2012, 10:26 AM
I doubt anyone's going decide whether or not you can have an apartment based on a criminal record containing 'truancy.'
'

Depends on if she sleeps in again....

• CRIMINAL BACKGROUND SEARCH
If your application is accepted or accepted with conditions, we will conduct a criminal background search. It is our policy not to lease to
applicants who have the following: a conviction for any felony at any time, two or more Class A/Misdemeanors within a five year time frame,
or two or more Class B/C Misdemeanors within three years.

http://21stcenturypropertymanagement.com/uploads/GENERIC_RENTAL_APPLICATION.pdf

Truancy is a class C Misdemeanor.

moostraks
05-29-2012, 11:55 AM
"Adequate Yearly Progress (AYP)
Adequate Yearly Progress is the minimum level of proficiency that school districts and schools must achieve each year as determined under the No Child Left Behind Act. To make AYP, a school and district must meet the required participation rate, the annual measurable objectives in language arts and math, and the “other academic indicator...Schools must meet the “other academic indicator” in order to meet AYP. For high schools, this is graduation rate, and for elementary and middle schools, this is an average daily attendance rate."

http://www.asdk12.org/NCLB/everyone/NCLBsummary.pdf

This is why the Judge made an example of her. It is for the group's needs not the individual he was concerned with and this is why the department of education needs to be eliminated.

r3volution
05-29-2012, 05:26 PM
POLL on fox - Do you agree with Texas judge's decision to jail truant honor student?

Read more: http://www.foxnews.com/opinion/2012/05/29/do-agree-with-texas-judge-decision-to-jail-truant-honor-student/#ixzz1wIvTSiaZ

enjerth
05-29-2012, 05:59 PM
What confused me most is this:
how can they charge a 17-yo as an adult for something that, as an adult, she would never be charged for?

jmdrake
05-29-2012, 06:11 PM
You have no idea, my brother, what a criminal record will do to your employment chances these days.

Just an arrest record would disqualify her from obtaining the documents needed to work in my business.

Or be a truck driver.

Non violent "status" offense that happened before she turned 18 will not come up on a criminal background check.

That said, the important question of the day is does this judge have to stand for re-election?

Anti Federalist
05-29-2012, 06:12 PM
What confused me most is this:
how can they charge a 17-yo as an adult for something that, as an adult, she would never be charged for?

Yet another labyrinth Catch 22 that will be more and more common as the police state expands.

jmdrake
05-29-2012, 06:12 PM
What confused me most is this:
how can they charge a 17-yo as an adult for something that, as an adult, she would never be charged for?

Who said she was charged as an adult? (I sincerely doubt that's true).

Nirvikalpa
05-29-2012, 06:15 PM
Let's make an example of the students who work two jobs and still get the grades to take AP/college credit classes. In the meantime, kids who are in the 6th grade and read at a 2nd grade level (or worse) are just passed right along.

Sounds about right...

tttppp
05-29-2012, 06:20 PM
Let's make an example of the students who work two jobs and still get the grades to take AP/college credit classes. In the meantime, kids who are in the 6th grade and read at a 2nd grade level (or worse) are just passed right along.

Sounds about right...

Public schools don't care about results. All they care about is that you sit at your desk and waste 8 hours of your life, 5 days a week, so you can't do anything productive with your life.

TheTexan
05-29-2012, 06:22 PM
Let's make an example of the students who work two jobs and still get the grades to take AP/college credit classes. In the meantime, kids who are in the 6th grade and read at a 2nd grade level (or worse) are just passed right along.

Sounds about right...

Gotta set an example, so all the school childrens know they don't have a choice but to learn... that's just how education works.

camp_steveo
05-29-2012, 06:36 PM
What an asshole.

Lishy
05-29-2012, 06:38 PM
Public schools don't care about results. All they care about is that you sit at your desk and waste 8 hours of your life, 5 days a week, so you can't do anything productive with your life.
Pretty much this.

Looking at a less philosophical explanation, supposedly they get paid to teach, but they do not wish to use the money they're paid to give people a quality education. They're only required to keep people in school, thus' they don't do shit to 'waste' money to teach.

KCIndy
05-29-2012, 06:56 PM
Non violent "status" offense that happened before she turned 18 will not come up on a criminal background check.

That said, the important question of the day is does this judge have to stand for re-election?


According to a link I found (see post #14) the judge ran unopposed in 2010 (figures...) and will be up for re-election in 2014.

http://judgepedia.org/index.php/Lanny_Moriarty

Too bad he's not up for re-election this year. I would bet anything that he wouldn't be unopposed right now.

KCIndy
05-29-2012, 07:04 PM
UPDATE:

For those interested in the legal repercussions, this follow-up story by the local news in Houston explains things in a bit more depth:

http://www.khou.com/news/Jail-offers-no-comment-in-case-of-honor-student-jailed-after-missing-school--155508335.html


(quote begins about halfway through the story, for full context hit the link and read the whole thing)


.....Judge Lanny Moriarty talked to KHOU 11 News Anchor Sherry Williams last week about the case, but not this time.

“I’m only back because he said he might reconsider the Diane Tran case, so I’m here to ask if he did reconsider,” she said to his staff.

She got a firm “no comment” from the staff.

KHOU 11 News legal analyst Gerald Treece pointed out that Tran did not go to jail on a truancy charge. It’s a Class C misdemeanor and not a jail-able offense. But contempt of court is, and that’s the charge on her record.

The contempt is for violating a previous court order to not to miss school.

“When you apply to college, or when you go to grad school, they ask if you have ever been convicted of anything.—I mean anything folks, and being in contempt of a judge, contempt of court is something that requires a lot of explaining,” Treece said.

State law requires all Texas school districts to report excessive absences, but the judge in this case, or any other, has the power to be lenient.

“Is it a violation of the law, yes. We’re not talking about if it’s a violation of the law. We’re talking about is the punishment appropriate and proportional to what she did wrong,” Treece said.

(highlighting added)

tttppp
05-29-2012, 07:04 PM
Pretty much this.

Looking at a less philosophical explanation, supposedly they get paid to teach, but they do not wish to use the money they're paid to give people a quality education. They're only required to keep people in school, thus' they don't do shit to 'waste' money to teach.

School, prison, and day care are all pretty much the same thing.

Dark_Horse_Rider
05-29-2012, 07:16 PM
Let's make an example of the students who work two jobs and still get the grades to take AP/college credit classes. In the meantime, kids who are in the 6th grade and read at a 2nd grade level (or worse) are just passed right along.

Sounds about right...

" ... but , it's alright "

PaulConventionWV
05-29-2012, 08:54 PM
Some time back, I had a discussion with some acquaintances who were considering private vs. public school. They were bemoaning the cost of the private school, which (to my recollection) was something like $400/month.

I pointed out that a $400/month payment was about the same cost as buying a new car. Which was more important, I asked, their kid's education or driving a new SUV?

The kid went to government school. They pick him up in a shiny new SUV.

:(

Who makes payments on a car anyway? I buy all my cars up front, cash. I live within my means. If you don't want to spend the money, homeschool. I can attest to that somewhat. I learned to read and write as a homeschooled young boy and started school way above my grade level. I had reached post-collegiate reading level by the time I was in 7th grade.

PaulConventionWV
05-29-2012, 08:57 PM
What confused me most is this:
how can they charge a 17-yo as an adult for something that, as an adult, she would never be charged for?

That's not necessarily true. People can fail several grades and still be in high school as an adult. Granted, she is an honor student, but the concept is there.

Kluge
05-29-2012, 09:10 PM
Who makes payments on a car anyway? I buy all my cars up front, cash. I live within my means. If you don't want to spend the money, homeschool. I can attest to that somewhat. I learned to read and write as a homeschooled young boy and started school way above my grade level. I had reached post-collegiate reading level by the time I was in 7th grade.

Easy to do with such low standards these days.

jct74
05-30-2012, 10:58 AM
Judge Nap weighs in
http://foxnewsinsider.com/2012/05/30/judge-napolitano-reacts-to-texas-judges-decision-to-jail-honor-student/

KCIndy
05-30-2012, 05:15 PM
UPDATE: Contempt order is vacated:


http://www.huffingtonpost.com/2012/05/30/diane-tran-texas-honor-student-jail-lanny-moriarty_n_1557175.html


Diane Tran, the Texas honor student who was jailed last week for missing too much school, will not have to worry about telling future employers or college admissions offices that she has a criminal history.

Lanny Moriarty, the judge who ordered the 17-year-old to go to jail after more than ten unexcused school absences, has set aside the contempt of court order he entered last week, according to Tran's lawyer, Brian Wice.

"She can now truthfully say that she doesn't have a criminal history," Wice told The Huffington Post by phone on Wednesday afternoon. He added that he's now going to find a lawyer to expunge the record.

PaulConventionWV
05-30-2012, 05:38 PM
Easy to do with such low standards these days.

Of course. What I did was in no way exceptional. Anyone would have the ability to do what I did, if they weren't being screwed over by the public school system. Unfortunately, learning to read and write was about the extent of my homeschooling as I entered the public school system in 3rd grade.

PaulConventionWV
05-30-2012, 05:39 PM
UPDATE: Contempt order is vacated:


http://www.huffingtonpost.com/2012/05/30/diane-tran-texas-honor-student-jail-lanny-moriarty_n_1557175.html

That's great. I wonder what gave him the change of heart.

enjerth
05-30-2012, 06:42 PM
That's not necessarily true. People can fail several grades and still be in high school as an adult. Granted, she is an honor student, but the concept is there.

My bad.

"Tran, who is considered an adult under Texas state law, was issued a summons last Wednesday for truancy after she missed classes."

She IS an adult. One that is legally obligated to attend high school?

You see, I simply made the foolish assumption that adults were not subject to laws concerning high-school attendance. How silly of me.

KCIndy
05-31-2012, 03:04 PM
That's great. I wonder what gave him the change of heart.

Probably the overwhelming public outcry identifying him as a Grade A Jackass.