— Do away with magistrate court
The magistrates who believe lawyers are trying to take their jobs away have every reason to be worried. In 1965 the U.S. Supreme Court ruled that Justice of the Peace (JP) courts, which are what the magistrate courts basically are, are unconstitutional.
The magistrates don’t have a legal degree, haven’t passed the West Virginia Bar exam, do not have any experience as either a civil or criminal trial lawyer, but yet are allowed in West Virginia to adjudicate cases of law.
Have any of you ever heard of Miranda vs. Arizona?
The Miranda ruling states that “You have the right to remain silent, if you waive your right to remain silent, anything you say can and will be used against you in a court of law. You cannot be forced to answer any question.
“You have the right to have an attorney present during any and all questioning, if you cannot afford an attorney one will be appointed to you by the court.”
Miranda vs. AZ was recently revisited by the U. S. Supreme Court and was upheld.
The magistrates effectively coerce you to waive your right to remain silent and to answer questions without an attorney present, in front of the ticketing or arresting officer.
This unconstitutional form of justice is good for both the magistrate and the ticketing or arresting officer.
The magistrates probably have a 100 percent conviction rate and I do not know how much a magistrate makes for each successful conviction.
The ticketing or arresting officer is credited on his record with yet another successful prosecution which would look good for a future increase in rank and pay.
There may have been enough extenuating circumstances that a judge who has the law degree, has passed the West Virginia Bar exam, and has had many years as a civil or criminal trial lawyer would have taken into account and dismissed the charge.
Doing away with the magistrate system would make room for a more constitutionally correct justice system for West Virginia.
This would also change West Virginia’s tort system and maybe an upgrade in the way Forbes ranks West Virginia, opening the way for more jobs to locate in West Virginia.
What are we waiting for?
Gator Williams
Beckley
