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Sunday, June 24, 2012

"Ask the Judge" column continues in La Prensa of SA, 6-24

Ask the Judge: Truancy docket leaves a paper trail
By Judge Steve Walker

For the past 15 months every Sunday “Ask the Judge” has covered every facet imaginable of the Justice of the Peace Court.

Truancy has been covered from all aspects, yet there is one more aspect in truancy court that has not been addressed.  It is the paper work involved in dispensing justice for the delinquent students who are charged with failure to attend school.

As the Judge I see the student in front of me with his/her parents  unless he/she is 18 years or older along with the attendance officer. All students who have not reached their 18th birthday must have a parent, grand parent or guardian with them.

On occasion a 17-year-old student will come into court without a parent or guardian. At that point we reset the case since we are not allowed by law to hear the case due to the student being under age. If for some reason the attendance officer doesn’t show, we must also reset the case since we are required to have the attendance officer in court to present the case.

Before the student and parents show up for court, paper work is prepared and placed in a file so that the attendance officer can make his/her case as to why the student should be cited for failure to attend school and the parent for contributing to their children not attending school.

When the student and parents check in, that file is pulled and sent into the court with the court clerk and called by the Judge when the docket begins. The attendance officers also have a copy of the material in the file.

When the student and parent/parents come up to the bench, as Judge I have a form in front of me that must be filled out by me before the accused leaves the courtroom. I must also sign it as well.

The form in front of me is a veritable check list of all the possible mandates that the student must fulfill before his/her next appearance.

As Judge I determine the probation time (in months) the student will complete. In the designated space, I write the number of months for probation. Then there is the blank that I write in the fine amount, a counseling box that I check off and write next to the box, mandates for anger management, goal setting, decision making and possibly family counseling. I sometimes check the box for a court ordered GED. I must circle the words, enroll, attend and complete for that mandate.

I also can check the box revoking driver’s licenses or the box to prevent the student from obtaining a driver’s license.

And of course I do check the box to mandate the student obtain a public library card and write a two sided book report. Finally I check off the box that mandates students to attend tutoring or tutor other students under the supervision of a teacher. I write the number of hours in the slot.

Once I am finished with my paper work I hand it to the truancy clerk and they may have the student and parent to fill out some forms to ensure the mandates are fulfilled and they understand what is expected of them.

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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