Cobb County Superior Court Chief Justice James Bodiford was the speaker at the Madison Forum’s breakfast meeting Saturday, October 28.
In an interactive format with the members, Judge Bodiford addressed the issues of illegals in the court and judicial selection.
He gave examples of various illegal actions and asked how they should be handled depending on whether the person is a citizen or an illegal or if jail time would release someone already imprisoned. The Judge said typically he would not give this person jail time, because he is a conservative, it’s money out of taxpayers pockets, and he worries about is someone going out the back door, someone that he meant to stay a certain period of time, and someone wants to tinker with his sentence.
Judge Bodiford said that our jails are full, and people are being paroled every day, some of which have only served a small part of their sentence. He said he is a real pocket book conservative, and his philosophy is that if we are not scared of them they are going to be let out.
Asked why illegals are not sent the message that they have broken our laws and they should be punished and sent back, the Judge replied that even if he gave this lawbreaker a sentence and it was completely served, there would not be anyone from the Federal Government waiting to pick him up when he was released. The judge has no authority at all. The Federal Government has complete authority over immigration.
In addition, Judge Bodiford said that he and probably all judges, pride themselves on being gender blind, color blind and make sentences based on the offense. If the sentence is probation, the judge will give him/her a fine, among other restrictions. Most citizens will make monthly payments, but illegals will generally pay it right away.
The Judge says he depends on his probation officers to follow up on offenders with drug and alcohol testing. But, these officers are overwhelmed with their caseload, and this is the same answer local governments get from ICE. They have only so many agents, and the whole country to cover. They are not doing the job, and the whole system is broken.
Asked if the judge could subpoena ICE to come down and comply with the law, the judge said he didn’t think that would be an effective subpoena. But, he says local law enforcement agencies are identifying illegals and sending lists every day to ICE outlining the people are illegals and have now also been convicted as felons. Judges have spoken with members of Congress and been told that they are aware of the problem and are working on it. Judge Bodiford feels that what is needed is a solution to the problem and not grandstanding. The real issue is not enough money.
Judge Bodiford said he is generally not in favor of mandatory sentencing. If the Legislature passes mandatory sentences, typically they are legal; and he follows the law whether he likes it or not. If not all the perpetrators are equal participants in an incident, he feels that he should have some discretion in sentencing, because he not only wants to follow the law, he wants to do justice. He wants to be effective.
On the subject of judicial selection, Judge Bodiford pointed out several ways judges are selected. He said the voters have already said they do not like life appointments. In Georgia we have judicial elections, but incumbents rarely have challengers. He asked the members to think about whether we should have elected judges or appointed judges and if there should be a fixed term with or without a periodic review or retention election.