EQUAL JUSTICE:

Judge hands down a harsh sentence . . . on columnists (EJ Montini, Mar. 28, 2004, Arizona Republic)

Judge Stephen A. Gerst is a cruel and heartless jurist, bordering on evil. How a person like this could get appointed to the bench, then re-elected again and again by voters, is beyond comprehension.

Not because of what he did on Friday to convicted Bishop Thomas J. O'Brien. Not because of what he did to the family of victim Jim L. Reed. But because of what he did to . . . me.

He made me irrelevant. He made everybody who does a job like mine irrelevant. At least for a day.

Gerst spent over an hour explaining why he sentenced Bishop O'Brien to probation, community service and a deferred jail sentence. And he did so in a way that left people like me with nothing to gripe about. Not a thing.

Gerst detailed how he had read all 99 cases of those who, like the bishop, had been convicted of leaving the scene of a fatal accident. He showed a picture of himself with boxes and boxes and boxes of files. He announced in court that he had reviewed each file, using no clerks or other help, and then he described in meticulous detail exactly what the defendants in those cases received as sentences and what factors led to those decisions. [...]

If he were to treat the bishop differently, Gerst said, "It would establish a standard that treats people more leniently who do not hold religious position and treats people more harshly if they do. How people may personally wish to feel about this issue is their own business, but all people should be treated equally under the law."

That is what he did. He considered all of the evidence, all of the testimony, all of the mitigating and aggravating factors. Then he ignored the rants of self-righteous, marginally informed, overly emotional hacks like me and treated Bishop Thomas J. O'Brien equally under the law.

It was a good day for justice, a bad day for columnists.

Atticus Finch lives.

Posted by Orrin Judd at March 29, 2004 3:20 PM