Requiring Church Attendance as a Bail Condition

[n2doc]

Eugene Volokh • June 16, 2011 6:13 pm

Today’s Mississippi Supreme Court decision in Mississippi Commission on Judicial Performance v. Dearman orders that Mississippi Justice Court Judge Theresa Brown Dearman be reprimanded and suspended for 30 days for — among other things — requiring church attendance as a condition of bail:

In April 2006, Judge Dearman presided over the initial appearance of Philipe D. White, who was charged with felony possession of a controlled substance, cocaine base. Judge Dearman set White’s bail at $2,500 and, as a condition of bail, required White to attend church at least once a week....

In a ... case in October 2009, Judge Dearman set Christopher T. Gray’s bond at $5,000 and, as a condition of his bond, required him to attend church twice a week. He had been charged with sale of a controlled substance....

By engaging in the following conduct, Judge Dearman knowingly misused her office by: (1) sua sponte reducing bonds and charges without proper motion; (2) conditioning the reduction on church attendance; (3) exceeding her authority by altering bonds after a defendant had been released on bond or had waived preliminary hearing, or after a preliminary hearing had been conducted; (4) permitting others to create the impression that they were in a special position to influence her as a judge; (5) initiating and inviting ex parte communications; and (6) presiding at her nephew’s initial appearance.

As the six-item list shows, Judge Dearman’s reprimand was also based on a good deal of other misconduct, including one matter that raises a different First Amendment question — whether the judge can be faulted for “author columns in a local newsletter in which she discussed her differences with the sheriff and advocated for her policy in drug cases of setting low bond amounts with conditions,” a matter on which the majority and the dissent disagreed. But I’m pleased to say that the judges agreed that the church conditions were indeed not legally authorized (though the dissent suggested that they may have been mere error, and not a basis for formal discipline). Ordering a person to attend church, on pain of being sent to jail if he doesn’t comply, is pretty clearly unconstitutional, even under the views of the dissenters in Lee v. Weisman (1992), and certainly under the view expressed in the Lee majority opinion.

http://volokh.com/2011/06/16/judge-reprimanded-and-suspended-for-30-days-for-among-other-things-requiring-church-attendance-as-a-condition-of-probation/

[ensho]

1. well, this is Miss. one of the religiously insane run states

nt

[MineralMan]

2. Sounds like the MS Supreme Court ruled correctly.

Good for them.

[Lance_Boyle]

3. Suspended for 30 days? What does it take to permanently remove her?

How many Amendments to the Constitution does she have to shit on before she gets canned?

Maybe she ought to be a preacher. I hear that's pretty lucrative.

[RadiationTherapy]

4. You do not want me at your church; I assure you of this.

You do not want me in your church. There would be problems; not violence, not offensiveness, but sincere, philosophical, problems. I am not a quiet man.

[theaocp]

5. The Holy Pranksters would make for great youtuberry. n/t

[nichomachus]

9. Same here. I ask questions -- out loud.

I've also been known to stand in protest during a sermon. Not making any noise -- just standing there. Drives a preacher nuts, because everyone is looking at you and not at him.

[roguevalley]

6. I'm religious and I hate this condition. I would stay in jail.

[BillStein]

7. Is that a violation of the establishment clause

or the prohibition against cruel and unusual punishment?

[WolverineDG]

11. try "free exercise" nt

[RainDog]

8. k&r n/t

[ret5hd]

10. I wonder what the judge would do if the defendant decided to go to a...

church of satan service

or a muslim service

or even, (gasp) a rastafarian "service"????

[lonestarnot]

12. Our courts have gone to shit. Overpaid simpletons ruining lives.

[Odin2005]

14. This is what happens when you let idiots elect their judges.

[Odin2005]

13. I always say that some parts of the South are little tin-pot theocracies.

[Dawson Leery]

15. Thank you for the term, "tin-pot theocracies".

:thumbsup:

[Odin2005]

17. You're welcome! n/t

[Critters2]

16. I make my living by people attending church...and I think court-orderd church attendance

is unconstitutional as all hell. A reprimand doesn't go far enough.

edited because I can't type

[riderinthestorm]

18. Oh but he should just 'suck it up". It's only a little prayer!

Just sit quietly and meditate. Why get all fussed up over this?? Nobody ever said the Founding Fathers believed we should have freedom FROM religion!!!111!!!





:sarcasm: (for those who haven't participated in any of DU's infamous separation of church/state threads before)