And how do you know she wasn't?
The judge spoke completely about the case, his thoughts, his actions and possible future dealings. As follows: "Judge Moriarty told KHOU 11 News that he intended to make an example of Tran by placing her in jail. "If you let one run loose, what are you going to do with the rest of them? Let them go, too?" Moriarty told the station. He also said , regarding the record that Ms. Tran will have, "I hadn’t thought on that issue because it turns me, ‘Well, he’s soft. He’s not gonna do nothing.’ I’m taking off at 11:30 today," said the judge. He also stated he may reconsider the sentence.
The had an affirmative duty to act and did not state he did. What the judge was concerned with was how he would be perceived by the public which runs contrary to the Canon 3 of the Canons of Judicial Conduct, specifically:
"Code of Judicial Conduct
CANON 3
Performing the Duties of Judicial Office Impartially and Diligently
B. Adjudicative Responsibilities.
(2) A judge should be faithful to the law and shall maintain professional competence in it. A judge shall not be swayed by partisan interests, public clamor, or
fear of criticism."
Texas Courts Online | Code of Judicial Conduct
She appeared pro se, the judge has ethical duties in this instance as well: "Judges also have ethical duties they must comply with when presiding over cases involving pro se litigants. Canon 3 of the Canons of Judicial Conduct requires judges to perform the duties of their office impartially. Judges, however, must balance considerations of fairness to represented parties with due process requirements mandating that pro se litigants receive meaningful hearings. This balancing act requires judges to make difficult decisions, such as determining how much guidance to give a pro se litigant on substantive law or how to treat a meritorious case when the pro se litigant has failed to comply with court procedures, while remaining impartial to both the represented and pro se parties."
Pro Se Litigation: Best Practices from a Judge’s Perspective – University of Richmond Law Review
This judge is simply not a good jurist.
Being refered to someone to assess her does not give them the ability to tell her what to do, they can only suggest or make a plea to the courts...which can take months at the least. Until such time they are not in charge of her decisions or her guardians decisions
I never said it did. I was speaking more of food stamps and other types of assistance.