“We are about to pass a structured settlement bill largely because one judge became a rubber stamp for financial arrangements that took advantage of people who were without an attorney or financial advisor,” I said to Chief Judge John Morrissey of the District Court. “In light of that, should we now give discretion to a judge to decide whether someone should be reincarcerated for certain parole violations?”
In response, the Chief Judge spoke of the training that all judges receive every year on the changes made to the law by the legislature. What we decide on structured settlements and parole will, of course, be part of that training.
It’s an awesome power to sentence someone to jail – to deny their liberty, he continued. I never made that decision lightly.
How much discretion to give judges, as well as members of the executive branch, is a decision that my colleagues and I make on countless bills.
Not lightly, I’d like to think.