There we are. Milling about in the court room for Harris County Criminal Court at Law No. 2 waiting for Judge Bill Harmon to grace us with his presence.
Then, out he emerges from the hall carrying a large sign with him that he props up on the bookcase behind the bench - right next to his plaque from MADD. The sign was bright yellow and announced that the average person arrested for drunk driving had driven drunk 87 times before being caught.
A quick check on this internet thing reveals that this alleged statistic pops up a lot. And, interestingly enough, no one ever cites a source for it. But that's all a bit beside the point right now.
The larger question is what in the hell is a judge in a criminal court doing putting up a sign like that behind the bench? Is he trying to send a message to everyone in the courtroom that he's serious about DWI cases? Or is he letting everyone know that he isn't even going to put up the pretense that he's neutral and detached?
Judge Harmon's job is to sit on the bench and act as a neutral and detached referee for disputes involving prosecutors and defense attorneys. His job is to sit on the bench and ensure that the constitutional rights of the defendant are protected? His job is to ensure that a defendant's due process rights aren't violated.
His job is not to sit up high and promote his agenda in the courtroom.
His newest sign is good evidence that he cannot be unbiased and neutral when it comes to DWI cases. He's already telling the defendant that he believes the defendant has driven drunk scores of times before he ever came to court. Just what might that mean when it comes to punishment after a guilty verdict? Is he going to order a sentence based upon the facts of the case at hand or is he going to base it upon his belief that this isn't the defendant's first rodeo?
The fact that he sees no problem in putting up the sign is troubling enough without wondering why no one else has questioned the practice. One must wonder what would happen if a judge put up a sign that said the NHTSA battery of coordination exercises is wrong almost 25% of the time. How long would it take for that judge to get a memo that he needs to remove the sign from the courtroom?
Showing posts with label Judge Bill Harmon. Show all posts
Showing posts with label Judge Bill Harmon. Show all posts
Friday, March 1, 2013
Wednesday, April 18, 2012
Fair and balanced, just like Fox News
The person in that black robe sitting behind the raised desk is supposed to be an impartial and neutral arbiter. That person is not supposed to have a dog in the fight. That person is supposed to make his or her decisions without regard to who it helps.
Of course, like much else in the world we live in, it is honored more in the breach than the observance. But we at least demand the appearance of impartiality, dammit!
Judge Bill Harmon in Harris County couldn't care less about appearances. He doesn't care even to create the impression that he is above the fray.
The other day my colleague, Mark Bennett, posted the video Chronicles of a Teen Killer on his blog. The video was put together with the cooperation of the Harris County District Attorney's Office and the Houston Police Department. And Judge Harmon.
The film is a serious look at drunk driving. But it's propaganda. It's designed to poison jurors into accepting the loose logic the police and prosecutors use in charging many motorists with driving while intoxicated. And there, lending his face to the project, is a man who is supposed to remain neutral and detached.
And that's not all. Proudly displayed behind the judge's desk in County Criminal Court at Law No.2 on the eighth floor of the Harris County Criminal (In)justice Center is a plaque from MADD commending Judge Harmon on his work in support of MADD's objectives.
Can there be any doubt as to whether Judge Harmon can sit as an impartial arbiter in a DWI case?
Of course, like much else in the world we live in, it is honored more in the breach than the observance. But we at least demand the appearance of impartiality, dammit!
Judge Bill Harmon in Harris County couldn't care less about appearances. He doesn't care even to create the impression that he is above the fray.
The other day my colleague, Mark Bennett, posted the video Chronicles of a Teen Killer on his blog. The video was put together with the cooperation of the Harris County District Attorney's Office and the Houston Police Department. And Judge Harmon.
The film is a serious look at drunk driving. But it's propaganda. It's designed to poison jurors into accepting the loose logic the police and prosecutors use in charging many motorists with driving while intoxicated. And there, lending his face to the project, is a man who is supposed to remain neutral and detached.
And that's not all. Proudly displayed behind the judge's desk in County Criminal Court at Law No.2 on the eighth floor of the Harris County Criminal (In)justice Center is a plaque from MADD commending Judge Harmon on his work in support of MADD's objectives.
Can there be any doubt as to whether Judge Harmon can sit as an impartial arbiter in a DWI case?
Tuesday, December 7, 2010
The lone holdout
There are 15 county criminal courts in Harris County and in 14 of them a motorist accused of driving while intoxicated who has an otherwise clean record is eligible for the Harris County DA's Office DIVERT program. However, if you find yourself in County Criminal Court at Law No. 2, DIVERT is not an option.
Judge Bill Harmon does not allow a defendant in his court to enter the DIVERT program. Why? Because he has concerns that the program is not legal. On this, Judge Harmon and I are in full agreement. As I have pointed out in the past, in order to enter the DIVERT program, a defendant must enter a guilty plea before the court. Then, after completing probation and treatment (if necessary), the case is dismissed.
Sounds a lot like deferred adjudication - which the state legislature said is not allowed for motorists accused of driving while intoxicated.
On the one hand, I commend Judge Harmon for standing up for his principles and for acknowledging what we all know to be true, on the other hand, there's something that just isn't right about one policy for defendants in 14 courts and another policy for defendants in one court.
Judge Bill Harmon does not allow a defendant in his court to enter the DIVERT program. Why? Because he has concerns that the program is not legal. On this, Judge Harmon and I are in full agreement. As I have pointed out in the past, in order to enter the DIVERT program, a defendant must enter a guilty plea before the court. Then, after completing probation and treatment (if necessary), the case is dismissed.
Sounds a lot like deferred adjudication - which the state legislature said is not allowed for motorists accused of driving while intoxicated.
“All 14 of my colleagues are doing it. And certainly I could have gone along with this illegal program, and if I had, you wouldn't be sitting down here today." Judge Bill Harmon, Harris County Criminal Court at Law No. 2While I believe Judge Harmon is correct in his assessment of the DIVERT program, the result is that some motorists are treated differently due to the luck of the draw.
On the one hand, I commend Judge Harmon for standing up for his principles and for acknowledging what we all know to be true, on the other hand, there's something that just isn't right about one policy for defendants in 14 courts and another policy for defendants in one court.
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