HOUSTON—A judge threw a 17-year-old 11th grade honor student from Willis High School in jail after she missed school again.
Judge Lanny Moriarty said last month Diane Tran was in his Justice of the Peace court for truancy and he warned her then to stop missing school. But she recently missed classes again so Wednesday he issued a summons and had her arrested in open court when she appeared.
Tran said she works a full-time job, a part-time job and takes advanced placement and dual credit college level courses. She said she is often too exhausted to wake up in time for school. Sometimes she misses the entire day, she said. Sometimes she arrives after attendance has been taken.
The judge ordered Tran to spend 24 hours in jail and pay a $100 fine. Judge Moriarty admitted that he wants to make an example of Tran.
“If you let one (truant student) run loose, what are you gonna’ do with the rest of ‘em? Let them go too?” Judge Moriarty asked.
Tran said she is working so hard because she is helping to support an older brother who attends Texas A&M University and a baby sister who lives with relatives in Houston. Tran said her parents divorced “out of the blue” and both moved away, leaving her in Willis. Her mother lives in Georgia, she said.
“I always thought our family was happy,” the teen said tearfully.
Tran lives with the family of one of her employers. They own a wedding venue. She works at the Vineyard of Waverly Manor on weekends and at a dry cleaners full time.
“She goes from job to job, from school she stays up ‘til 7 o’clock in the morning,” said her friend, co-worker and classmate Devin Hill.
[video]http://www.khou.com/video/yahoo-video/Honor-Student-Jailed-for-Absences-153847275.html[/video]
Great solution, judge.
Late for school? Clap 'em in irons.
It's the law that is wrong. In fact the whole idea of government-run education is wrong. But if you are going to have the rule of law, then everyone, including judges, have to follow the law even if they don't like the result in a particular case.
If you want this judge to ignore the law when he wants, what can you then say to a judge who ignores the Constitution when he wants? You can either have the rule of law, where everyone follows the rules as written, or you can have the rule of men, where men in power do what they want. You can't have both.
This case should not be used to argue for judges to ignore the law, but to argue for changing the law.
It's the law that is wrong. In fact the whole idea of government-run education is wrong. But if you are going to have the rule of law, then everyone, including judges, have to follow the law even if they don't like the result in a particular case.
If you want this judge to ignore the law when he wants, what can you then say to a judge who ignores the Constitution when he wants? You can either have the rule of law, where everyone follows the rules as written, or you can have the rule of men, where men in power do what they want. You can't have both.
This case should not be used to argue for judges to ignore the law, but to argue for changing the law.
What is missed here is that 'rule of law' is insufficient if the laws are immoral. Such 'laws' deserve no support or cooperation from anyone. Those who help in any way to enforce such 'laws' are themselves aggressive criminals.
Let's not confuse the Constitution with silly Statutes. I'd prefer going the Common Law route where there needs to be an injured party, not just a remedy for a broken statute, etc.
Which makes this case ironic, the "victim" from the lack of school attendance (or "education) is also the defendant that is fined/jailed.
What you are suggesting is a change in the law, with which I agree. Change the law, don't ignore it.
What you are suggesting is a change in the law, with which I agree. Change the law, don't ignore it.
And so it is for the judge to determine which laws are moral and which are not?
What this judge should have done is enforce the law as written and then use that injustice as a springboard for his own public denouncement of the law.