Sunday, August 22, 2010

Do judges need a stinkin' badge?

Posted by Max Brantley on Sun, Aug 22, 2010 at 7:19 AM

The Log Cabin Democrat has a story up on Circuit Judge Mike Maggio's display of some sort of badge when stopped for speeding by an Arkansas state trooper earlier this summer. Maggio said he was late for court and the trooper noticed a badge (unofficial it would appear from the story) during the stop. The trooper, Brian Johnson, sent Maggio along with a warning.

I'd been tipped on this, too. I received a video of the arrest after a Freedom of Information request. I tried to call Maggio Friday, but he was unreachable. The State Police, naturally, say they have no policy providing leniency for people claiming they are speeding en route to court work. They do, however, say troopers have discretion in giving speeding tickets. I gather there may have been several stops along this stretch of roadway in which motorists were issued warnings, not just Maggio.

Judges are not supposed to use their offices to gain advantage, under ethical codes, but that doesn't necessarily mean they are prohibited from identifying themselves as judges in such a situation, the state Judicial Discipline and Disability Commission says. A lot would depend on how Maggio used the badge that day. Questions remain about why a judge has a badge and readily displays it to police — except to gain advantage. Other judges in the 20th Circuit apparently don't carry badges. The administrative office of the courts has issued judges a photo ID card that identifies the person as a judge.

Clearly, somebody is watching Maggio closely, thus the tip on this traffic stop.That's also why some of his other involvements with the justice system he helps oversee have come to light.

Last year, the Democrat-Gazette reported that the state had filed $3,200 in tax liens against him. It was somewhat relevant because Maggio presides over 20th Judicial District hot check cases. The Democrat-Gazette also reported that he’d settled in 2006 a two-year federal tax lien of $34,233 and in 2008 settled a $9,115 state income tax lien.

July 23, a notice was filed in Faulkner Circuit Court that Maggio and his wife were in default on the mortgage on a home on Savannah Park Circle in Conway. According to county records, a $557,000 mortgage was recorded on the property in 2006. The notice of public sale to satisfy the debt did not say how much was still owed. A spokesman in the circuit clerk’s office said Friday, however, that a notice cancelling the sale had been filed. The law firm handling the action said it could not comment about the matter or how it had been resolved.

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Is it wrong for even Irony Man to not care that Maggio was released with a warning? Maybe Maggio's job title had something to do with it, but maybe not. I appreciate when cops use their deference to help people, not assert their authority (and I'm sure all of us out there can attest to a cop throwing his weight around just because he could). Having said that, I agree that there seems to be little purpose in giving a judge a badge...can anyone say why or when it would be appropriate for a judge to use it?

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Posted by IronyMan on August 22, 2010 at 8:15 AM

Maggio also didn't use his turn signal when he got back on the highway. Not sure that's the law, but it's a good practice.

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Posted by billyed on August 22, 2010 at 8:24 AM

Reckon those tens of wasted billions per year at homeland security came up with the bright idea of giving Judges a badge?

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Posted by Eureka Springs on August 22, 2010 at 9:10 AM

Today is the seventh which I set aside for current religious fear mongering not politics etc., but this justifies an exception.

Looks like judges haven't kept pace with modern day electronics but I bet this will peak their interest.

Sad but I suspect this type suttle judicial rule stretching has been going on behind our backs for eons but until now news traveled turtle speed forgotten and of little interest when it reached Mr Public.

Who knows if I have to ever confront a judge I'll flip out my senior citizen credentials as long as it's not for speeding.

On a much serious note the recent SCOTUS campaign finance ruling (Bush fiasco notwithstanding) has seriously undermined our confidence in ever getting quality balanced future rulings.

"Ruling sets up IRS as overseer of groups' gifts to campaigns
The Supreme Court's decision this year in Citizens United, which lifted campaign spending restrictions for companies and interest groups, has indirectly thrust the Internal Revenue Service into the more prominent role of overseeing those expenditures. "

Makes one wonder if SCOTUS has gone from our public protector to enemy number one!

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Posted by ButWhoCares on August 22, 2010 at 9:32 AM

...a Badge for a Judge?

You have got to be kidding. What authority issued the Badge?

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Posted by IrradiatedFuelHandler on August 22, 2010 at 10:39 AM

As a law enforcement officer and former Trooper I must say only a complete idiot Trooper would give a Judge a ticket. It's career suicide.

What always stuck in my craw when I was on the highway was the fact that you can't pull over a member of the state house or senate when they are in session. It's a state law. I used to clock some of those guys and girls in South Arkansas at 85-90 mph. Untouchable. Always pissed me off.

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Posted by Time to Run on August 22, 2010 at 11:43 AM

The last time I got a speeding ticket was in 1999, and yes, I was speeding -- actually failed to slow down enough when entering a small town's limits. I'm not an especially fast driver, but I have been stopped three times since 1999 for speeding and have been given a warning ticket each time. Fortunate? I think so.

I don't know Judge Maggio personally, but opinions of him as a judge seem to vary widely. Fair, unfair, religion biased (he's Catholic), large ego (not alone in this in the ranks of Arkansas and especially Faulkner County judges).

He does have a daughter who is a top-notch golfer. Young up-and-coming golfers require major financial backing, don't they?

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Posted by olefishbait on August 22, 2010 at 12:13 PM

The last time I received a speeding ticket was in 1999, and yes, I was speeding -- actually did not slow down enough when entering a small town's limits. I'm not an especially fast driver, but I have been stopped three times since 1999 for speeding, and each time I received a warning ticket. Fortunate? I think so.

I don't know Judge Maggio personally but opinions on him as a judge vary widely. Fair, unfair, religious bias (he's Catholic), large ego (but this is not rare among Arkansas jduges and Faulkner County judges in particular.

He has a daughter who is a top-notch golfer, and young golfers usually require considerable financial support.

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Posted by olefishbait on August 22, 2010 at 12:21 PM

I plan on taking a tip from our President the next time I'm pulled over by a cop, especially if I'm guilty of something. I'm going to tell the cop to look forward, not back. Worked for Bush & Cheney, why shouldn't it work for me too?

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Posted by DeathbyInches on August 23, 2010 at 12:36 PM

Maggio should be kicked from office, he misuses his title to get what he wants, this along with the stolen election funds, please, he thinks he is above the law, and Yes I know him on a level most posters on this dont...

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Posted by maggiohater on January 24, 2011 at 2:19 PM
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