The Judge must have no personal or financial interest in the decisions made by the Judge. Nor should the Judge’s family benefit from the Judge’s decisions.
One of the main jobs of the Magistrate Judge is to set bond for persons who have been arrested.
- Magistrate Court has authority to set bond amounts for most crimes.
- Magistrate Court holds bond hearings almost daily.
Let’s look at the bonding or bail process:
Follow the ACTION:
1. Officer gets arrest warrant from Magistrate Judge.
2. Person is arrested by law officer.
3. Person goes to jail.
4. Magistrate Judge sets bond amount.
5. Friend or family may pay bonding company to post bond.
6. Person gets out of jail awaiting trial.
Follow the MONEY $$$$:
1. Bonding company typically charges 10% of bond amount to post bond. Examples: Bond is $5,000–bonding company charges/makes $500. Bond is $25,000–bonding company charges/makes $2,500.
2. Magistrate Judge decides bond amount.
3. Friend or family may pay typically 10% of bond amount to free person.
4. Friend or family may have to borrow the money to get person out of jail.
5. Friend or family may have to go to loan company to borrow money at high interest.
BOTTOM LINE:
- Higher bond equals greater expense to friend or family.
- Higher bond equals more profit to bonding companies and loan companies.
Judge Thomas is “neutral and detached.”
- Judge Thomas has no family members in the bonding or loan business.
- Judge Thomas has no family members benefiting directly, financially or otherwise, from his decisions.
- There are no family businesses involved to influence his decisions.
As Magistrate Judges we see many opportunities to serve and try to improve our communities. But often our actions are remedial at best, and sometimes negative or punitive.
