Thread: Ky. judge rebuked for jailing immigrants

Ky. judge rebuked for jailing immigrants
April 19, 2007

LOUISVILLE, Ky. --A Kentucky judge was suspended without pay for 15 days for jailing 17 Hispanic immigrants for traffic infractions and then denying them bail.

The state Judicial Conduct Commission on Thursday ordered Judge Sue Carol Browning, who oversees cases in two western Kentucky counties, off the bench from April 28 through May 12.

Some were held for as long as three weeks in August and September before another judge freed them. Circuit Judge Tyler Gill ruled in October that the men were "jailed without reason."

The commission said Browning violated the canons of judicial conduct by instructing police officers to arrest immigrants without identification during traffic stops, then denying the men a right to bail.

"The Commission has concluded that it should have been obvious to Judge Browning as a sworn judge to support the Constitution that her denial of the right to bail in 17 cases was seriously wrong," commission Chairman Steven Wolnitzek wrote in the decision.

Browning, who had no prior infractions with the commission, agreed to the suspension. She did not immediately return a call for comment.

Browning has previously said that she jailed the defendants because she had little information about their residency status or criminal history. She also said she had seen the same defendants repeatedly in court and that some gave false names when they were arrested.

Many of them had appeared voluntarily in court in response to summonses issued during traffic stops.

http://www.boston.com/news/nation/artic ... mmigrants/

Browning has previously said that she jailed the defendants because she had little information about their residency status or criminal history. She also said she had seen the same defendants repeatedly in court and that some gave false names when they were arrested.

finally a judge with some brains... and guts.

My hats off to Browning.

A Judge with cajones

Why didn't the court immediately contact ICE when the question of legal status came up? Releasing criminal aliens on bail is "catch & release."

Illegal immigrants shouldn't be entitled to constitutional rights in this country! Protection under the U.S. Constitution should only be available to U.S. Citizens.

The commission said Browning violated the canons of judicial conduct by instructing police officers to arrest immigrants without identification during traffic stops

Individuals without any identification and using aliases could be terrorist. I'd say holding them until their identity and criminal history can be ascertained is a smart judicial move. Once they've been identified as criminal aliens, call ICE.

Judge suspended for jailing immigrants without bail
By BRETT BARROUQUERE
Associated Press Writer

LOUISVILLE, Ky. --A western Kentucky judge was suspended without pay for 15 days for jailing 17 Hispanic immigrants indefinitely after asking federal authorities to investigate their status.

The state Judicial Conduct Commission on Thursday ordered Judge Sue Carol Browning, who oversees cases in Logan and Todd counties, off the bench from April 28 through May 12.

Browning ordered the men detained after they were stopped for traffic infractions. Some were held without bail for as long as three weeks in August and September.

The commission said Browning violated the canons of judicial conduct by instructing police officers to arrest immigrants without identification during traffic stops, then denying the men a right to bail.

"The Commission has concluded that it should have been obvious to Judge Browning as a sworn judge to support the Constitution that her denial of the right to bail in 17 cases was seriously wrong," commission Chairman Stephen Wolnitzek of Covington wrote in the decision.

Circuit Judge Tyler Gill ruled in October that the men were "jailed without reason."

Browning, who had no prior infractions with the commission, agreed to the suspension. She did not immediately return a call for comment.

Paul Witte, a pastoral associate for St. Susan Catholic Church in Elkton who works with immigrants, filed the complaint against Browning that led to the suspension. Witte said he was surprised by the suspension because Browning has backed off jailing immigrants for minor offenses in recent months. Before that, though, Browning routinely sought to jail immigrants for crimes that otherwise would be handled with a fine, Witte said.

"She was being very harsh in her treatment of them," Witte said.

The Rev. Patrick Delahanty, associate director of the Catholic Conference of Kentucky, who aided the immigrants, applauded the commission's decision and Browning's acceptance of it.

"I think it demonstrates that we have to follow the laws," Delahanty said. "We have a court system and people have to play by the rules, even if they are judges."

Browning's conduct "created an impression" among the community that the judge had a racial bias or prejudice, the commission said. The investigation found no evidence that was true, the commission wrote.

Browning previously told news outlets in Hopkinsville that she jailed the defendants because she had little information about their residency status or criminal history. She also said she had seen the same defendants repeatedly in court and that some gave false names when they were arrested.

Twelve of the immigrants lived in Todd County and five lived in Logan County. Many of them had appeared voluntarily in court in response to summonses issued during traffic stops.

Browning previously has ordered illegal immigrants in her court to leave Kentucky as a condition of probation and had given some 72 hours to do so, court records show.
http://www.kentucky.com/181/story/47329.html

Browning previously has ordered illegal immigrants in her court to leave Kentucky as a condition of probation and had given some 72 hours to do so, court records show.

I'm totally confused by this. Why weren't the criminal aliens turned over to ICE? ICE could have done more than force them to leave Kentucky - they could have deported them from the country!

Somthing is missing from this whole story. Why didn't the court request ICE involvement?