Sunday, July 17, 2011

This week's "Ask the Judge" Column in La Prensa, 7-17



Ask the Judge: Truant Community Service vs. fines
By Judge Steve Walker

House Bill 1964 in the 82nd Legislature passed this past session to address community service in lieu of fines for truant and disorderly students. The bill was sponsored by Bexar County State Representative Mike Villarreal. The bill takes effect September 1st.

The bill piggy backs on another bill allowing Justices of the Peace to mandate tutoring in lieu of or along with community service previously covered in last week’s “Ask the Judge,” column.

According to current law, Judges are normally limited to offer some form of community service in lieu of fines in indigent cases of all types that may or may not also be related to truancy or disorderly students.

In Precinct 2 we have for some time allowed limited community service for those students or parents who request to perform the community service that are unable to readily access money to pay the fines, but do not necessarily qualify as “indigent.”

For those in financial dire straits we have the families fill out a Pauper’s Affidavit to qualify for the indigent status. Many times it is a judgment call as to what constitutes indigent eligibility for the individuals in question.

Community service is just one of many valuable tools the Justice of the Peace Court has to address the skyrocketing truancy rate and increase in disorderly students and dropout rate.

As previously stated in past columns, suspension or prevention of driver’s licenses, mentoring, counseling to include: Anger Management, Goal Setting and Decision Making along with requirements to obtain a Library Card, write a book report are just a few alternatives utilized in Pct. 2 to ensure students attend school on a regular basis.

When it comes to excessive skipping of school or students fighting, in possession of alcohol, drugs or cigarettes, community service and fines are a deterrent for continued violations. The end goal as always is for the student to walk the stage and receive a diploma.

Lastly as always, if you are due in court, be sure to show up to court on time. It is in everyone’s best interest.

Justice of the Peace, Pct. 2 Steve Walker is a Vietnam Veteran and a former Journalist.

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