The Texas Supreme Court has affirmed the appellate court’s ruling that District Judge Barbara Walther was wrong to allow the FLDS children to be taken into state custody and placed in foster-care. It said, child welfare officials overstepped their authority, failed to show an immediate danger to the children, and removal of the children was not warranted. In other words Walther screwed up royally. Yet she is still in charge of resolving the case.
Why is a judge who made such an egregious mistake, one that has traumatized over a thousand people, still on the job? Because they are insulated from their mistakes. They aren’t penalized for incompetence. In some states it is theoretically possible for the citizens to vote a judge off the bench, but it rarely happens.
The child welfare officials in Texas are now talking about imposing restrictions on the sect when their children are returned. One possibility is requiring all the male adults to leave the ranch. Another is implementing safeguards to prevent the families from fleeing the state. All this even though there is still no clear evidence of illegal behavior. But they probably feel that Walther will back them up.
Why should I expect reason from crusaders? That is exactly what this is, a crusade. One set of bible-thumpers trying to impose its will on a different set of bible-thumpers. The set with the most power will eventually prevail. Reason is not likely to be a strong factor in determining the outcome.
it’s obvious this is an abusive judge who will continue to do whatever she wants and now we learnt that she delays the order given to her by the higher courts http://www.cnn.com/2008/CRIME/05/30/polygamist.order/index.html
i think texans should unit and vote her out
A judge that does not obey a higher court order has no business sitting on the bench. Texas Supreme Court already said, Barbara Walther overstepped her authority when she ordered the children to be taken away. The right thing to do at this moment is to return the children, back to square one. If Texas CPS can prove its case, one by one, it can later take the children, one by one, after it proves its case; but for NOW, return the children. Barbara Walther needs to be removed. A trial court judge that doesn’t obey a higher court order must not be allowed to sit on the bench. Where is law and order?
@henry and Skeptic: Thanks for the comments. I agree with both of you. I hope someone, like the governor maybe, will step in and remove Walther from the case.