As a civilized nation, we have
developed a law enforcement mechanism to handle these people. We have
prosecutors to catch them and bring them to justice, and we have impartial
and fair judges to adjudicate their guilt or innocence, and to pronounce
sentence when they are found guilty beyond a reasonable doubt after they
have been given a full opportunity to defend themselves.
One form of punishment is a
fine. It is a relatively mild punishment designed for lesser offenses.
Things can escalate from there into probation (which can provide restrictions
on what one can do), incarceration (for a short time, a long time, or
somewhere in between), and death.
A fine extracts money from
the defendant, and that money has to go somewhere. Under current Georgia
law, when a city judge imposes a fine, the money goes to the city. When
a county judge imposes a fine, it goes to the county. (When a federal
judge imposes a fine, it goes to the U.S. Treasury.)
You don't need to be a genius
to figure out that, so long as it gets to keep the fines, a city could
make money out of its municipal court. Perhaps the solution to avoiding
municipal greed and to restoring city courts to their only proper purpose
of enforcing the law would be to divert their fine income to the county
or the state. Until that solution is imposed, it is important to impress
upon everyone that no facet of our justice system exists to make money.
When city officials, including
municipal court judges, take an oath to support and defend the Constitution
of the United States and the Constitution of the State of Georgia, they
undertake to support the Bill of Rights in each of these constitutions.
Those who set up municipal courts "to be revenue generators, money
makers, for the municipality" and who choose like-minded judges violate
their solemn oath of office and deserve no respect from us. They certainly
get none from me.
I hope Commissioner Pfeifer
was wrong when he wrote that municipal courts are set up to be money makers.
A society with a true understanding of justice should reject so abhorrent
an objective, not just shrug it off and accommodate it.
If Mr. Pfeifer had written,
"regretfully and as a total perversion of what both justice and our
Constitution demand, municipal courts are set up to be revenue generators,"
I would have let this go. Frankly, it's our whining, do-nothing state
legislators who are in the best position to improve our justice system,
not our county commissioners. Just the same, everybody should recognize
that greed and justice don't go together.
Claude Y. Paquin
Fayetteville
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Easy button Return it to long suffering taxpayers including those who have paid huge tabs to educate other people's kids…