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Commentary, sarcasm and snide remarks from a Florida resident of over thirty years. Being a glutton for punishment is a requirement for residency here. Who am I? I've been called a moonbat by Michelle Malkin, a Right Wing Nut by Daily Kos, and middle of the road by Florida blog State of Sunshine. Tell me what you think.

Tuesday, March 28, 2006

The Knucklehead of the Day award

Today's winner is King County(Washington) Judge Michael Spearman. He gets today's award for his ruling yesterday that allows convicted felons in Washington State to vote despite them not having paid off court ordered fines.

Just another activist from the bench making his own law. Washington has a law not allowing these felons to vote unless they finish their sentence, pay their fines and any ordered court costs. The felon then has a right to appeal to be able to vote again. Makes sense, if they haven't paid the fine, the felon hasn't paid his debt to society.

Not in Speerman or the ACLU's mind. Judge Spearman ruled Washington's law violated the equal protection clause. How about equal protection for the people of Washington from convicted felons? Anyone speaking up for the law abiding? Of course not. This is just another sign of our runaway courts system. One day the public will get fed up with judges like Spearman and this one in Vermont, and a revolution will happen. For our system is sick, the criminals get off and the innocent are punished. Mark my words the American people will only take this for so long.

For praticing judicial activism, Judge Michael Spearman is today's Knucklehead of the day.

Open Post- Don Surber, Basil's Blog, Bright & Early, Right Wing Nation, Jo's Cafe, Is it Just me? , Third World County, Blue Star, Liberal Wrong Wing, Adam's Blog, Mudville Gazette,

OLYMPIA — A King County Superior Court judge Monday ruled that thousands of Washington felons should be able to vote even though they have yet to pay off court-ordered fines.

"It is well recognized that there is simply no rational relationship between the ability to pay and the exercise of constitutional rights," Judge Michael Spearman wrote in a ruling backing the challenge of three indigent felons.

Spearman said the state law requiring payment of all court-ordered fines and fees before a felon can vote again violates the equal-protection clause in the U.S. Constitution and the state constitution. He said "discrimination on the basis of wealth and property has long been disfavored."

Under state law, felons can petition the state to have their voting rights restored, but only after they have completed their sentences — including any probation or community service — and have paid all of their court-related costs.

State lawyers argued that the judge shouldn't make a distinction between court-ordered payments and other parts of a felon's sentence, such as jail time.

"It's rational for the Legislature to say we want you to complete everything, as opposed to start separating out sentence elements," said deputy solicitor general Jeff Even.

State officials said they hadn't yet decided whether to appeal.

"We're still weighing our options," said Trova Heffernan, spokeswoman for Secretary of State Sam Reed.

It also was unclear how many people the ruling will affect. But, based on past estimates, it could add tens of thousands of convicted felons to the voter rolls.

In Monday's ruling, Spearman said the state could not show a "rational relationship" between a felon's ability to pay the fines and his willingness to abide by the law.

In fact, he wrote, "the better example of respect for our justice system may very well be the indigent who manages for years to make monthly payments toward the obligations."

The lawsuit was filed in late 2004 by the American Civil Liberties Union (ACLU) on behalf of three felons who cannot afford to pay their court-ordered fines: Dan Madison of King County, Beverly DuBois of Spokane County and Dannielle Garner of Snohomish County.


Cross posted to Bullwinkle Blog

 
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