Magistrate Judge Must Be “Neutral and Detached”

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.

Lets Keep William Thomas Your Magistrate Judge.

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An Additional Opportunity

The following article was written by Judge Thomas and submitted for publication in the Fall 2008 edition of the Council of Magistrate Court Judges Newsletter.


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.

Our authority to conduct weddings is an additional opportunity to do something positive, i.e., to legalize and stabilize “relationships” and help hold families intact.

We all know that commitments “for as long as we both shall live” are better and stronger than “yes, I’ll respect you in the morning.”

We all recognize that children reared in stable intact families generally do better in school, generally have fewer discipline problems, generally have fewer run-ins with the law, and generally are more successful in life than children from unstable situations. We must do all we can to stablize those situations We owe it to the children, to our communities, and to our profession.

I realize that the glue does not always stick. I did a wedding late on a Friday afternoon and the following Monday morning had a double first appearance and bond hearing for battery, family violence; the couple had spent most of the weekend whipping the whey out of each other. I concluded that to some people marriage is a word; but to some people marriage is a sentence.

My attitude and practice is to do weddings. Our Court encourages weddings and schedules them but also allows walk-ins; if the couple has a marriage license we will do the wedding.

It has been our Court’s practice for the past three years to reserve Valentines Day for weddings. We have the strong support of the weekly newspaper which gives excellent publicity before and after Valentines Day. A local florist decorates the courtroom and provides bridal bouquets. A local grocery store supplies streamers and balloons. The Court provides candy hearts, mixed nuts, and other munchies. We take pictures with a disposable camera and give the camera to the couple. This is an all no expense, beyond the license, to the couple and no expense to Lamar County because our staff recognizes the value in what we’re doing. This has been very successful, greatly appreciated by the couples and their families, and is lots more fun than setting bond for a child molester. The real beneficiaries are the children, and in turn, all the rest of us.

I encourage you to exercise the additional opportunity entrusted to you by the citizens of your county.

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Judicial Philosophy

The following article was written by Judge Thomas and published statewide in the April 2006 edition of the Council of Magistrate Court Judges Newsletter.


Every party or person gets his “Day in Court.”

Allow the party to make his full statement, civilly and respectfully, so long as it is reasonably related to the matter before the court.

Never strip one’s dignity from anyone.

A person may choose to forfeit his dignity, but that is not my call.

Never allow the Court to be stripped of its dignity.

This is my call and my duty.

Never embarrass an attorney in the presence of his client.

Never embarrass a law enforcement officer in the presence of an offender.

Always maintain civility under the law.

The law prevails. This is a Court of law.

The law is the “codified common sense” of our State and our society.

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