Is an impartial judiciary important for criminal defendants? Even if the defendant is charged with DWI?
DWI enforcement has already destroyed many Constitutional Protections for DWI suspects. The 4th, 5th, and 6th amendments were long ago sacrificed to ensure efficient DWI convictions. Unfortunately MADDness and DWI hysteria are now threatening to destroy the impartial judiciary.
National Center for State Courts
The excellent DUIblog by Lawrenece Taylor recently exposed the judicial DWI training offered by the National Center for State Courts. NCSC teaches judges to be advocates for DWI convictions, going so far as to suggest judges meet with police and prosecutors to help them convict. If that was any case besides DWI, I would be shocked. Here is the NCSC, in their own words.
“What is the role of the courts in DUI Cases?”
In DWI cases, courts can have a much broader role than in many other types of cases. Through its interaction with law enforcement, prosecutors, defense attorneys, defendants, the public, and the press, the court establishes a tone toward DWI cases in the community. This is evident when the court addresses a defendant at sentencing to stress the severity of a DWI offense, invites school groups to attend DWI trials or dockets, or explains to law enforcement procedural shortcomings following unsuccessfully prosecuted cases. Judges, through their roles on the bench and in their personal lives, are leaders in the community and the attitudes they express are critical to shape public attitude toward DWI prevention and enforcement.
Training Texas Judges To Prosecute DWI
Naturally I wondered if similar DWI training was offered to Texas Judges. A quick Google search led me to the Texas Center for the Judiciary (TCJ). What is the TCJ? From their website-
The Texas Center for the Judiciary is the primary provider of specialized judicial education and training opportunities for Texas appellate, district, and county court at law judges.
What DWI training does the primary provider of Texas judicial education offer? Here is the DWI course list from the TCJ website-
Development and Field Test of Psychophysical Tests for DWI Arrest Source- Government |
Validation of the Standardized field Sobriety Test Battery at BACs Below 0.10 Percent Source- Government
A Florida Validation Study of the Standardized Field Sobriety Test (SFST) Battery Source- Government
The ABCs of DREs – Georgia Traffic Prosecutor Source- Prosecution
Horizontal Gaze Nystagmus: The Science and the Law Source- Prosecution
Psychophysical Tests for DWI Arrest Source- Government
The Detection of DWI Motorcyclists Source- Government
Notice anything? All these courses are authored by Prosecutors, or the Government! This is the same training we give the police and prosecutors. Judges with this type of DWI training would not be aware of, inter alia, the statistical fraud behind field sobriety testing.
Fortunately, Texas Judges are free to attend any training they choose. I have seen many judges at TCDLA seminars. The question then becomes- how many judges are trained only to prosecute DWI?