By Darren Smith, Weekend Contributor
Over the years our host featured numerous articles presenting questionable, if not abusive, novel sentences for defendants convicted of crimes. Now, Smith County Texas Court Judge Randall Rogers hoisted himself to national attention for giving a man convicted of simple assault the choice between marrying his girlfriend within thirty days or going to jail.
At his sentencing hearing, Defendant Josten Bundy, before which he was convicted for an incident where he punched his girlfriend’s ex-boyfriend in the jaw, Judge Rogers provided a choice to avoid jail.
Mr. Bundy could either choose probation with a stipulation that he marry Elizabeth “Hanna” Jaynes, attend counseling, and write bible verses or submit to fifteen days in jail. He chose marriage despite misgivings of the conditions. He lamented:
“I just wonder what would have happened if Hannah said no, had we said, ‘you know judge, we would like to get married on our own terms.’ He offered me fifteen days in jail and that would have been fine and I asked if I could call my job [to let them know]. The judge told me ‘nope, that’s not how this works.’”
The humiliation was not limited to Defendant Bundy, Ms. Jaynes also was the recipient of Judge Rogers’ theatrics. While she was present in the courtroom, Judge Rogers asked Bundy, “Was she worth fighting over?”
“My face was so red, people behind me were laughing,” she said. “[The judge] made me stand up in court.”
Eighteen days afterward, the couple married before a justice of the peace.

(from Screen Shot of Source)
In the view of your author Judge Rogers should be sanctioned for this stunt. There is a good possibility that this is not the only unusual and non-judicial punishment he delivered in the past.
We live in a world where there is a strong and tragic social and legal tradition in some places where forced marriages are common; though certainly many girls and women face harsher ramifications that fifteen days in jail for which Mr. Bundy was in peril. This is not an acceptable form of justice in any enlightened society.
While it seems that our couple would have a strong case for annulling the marriage by reason of duress of one of the parties of they so choose, from a personal point of view this couple now must succumb to a wedding ceremony that they did not plan, and outside what was of their own choosing. A wedding is not a formality to please the whim of a lower court judge, or to satisfy a judgement of a criminal court.
By Darren Smith
Source:
The views expressed in this posting are the author’s alone and not those of the blog, the host, or other weekend bloggers. As an open forum, weekend bloggers post independently without pre-approval or review. Content and any displays or art are solely their decision and responsibility.
“I often wonder about what the Founders meant, “ALL MEN ARE CREATED EQUAL” yet, owned slaves…”
Max-1,
That’s a great question for a beginners civics class. BTW, don’t look to her Max, she believes all rights come from government.
Every major cultural advancement throughout history began with the vision of what things should be and society is then dragged kicking and screaming into that new way of thinking. Perhaps you expected the signed Declaration of Independence to be enough for England to bless these free United States and perhaps you expected the slaves would be set free once the ink dried. Cultural transformation, as we’ve seen these last 7 years, takes time.
Max-1 – Gen. Crook followed the Sioux after the Battle of the Little Big Horn and chased them back to Deadwood. NO TB blankets were involved.
Paul C.
I mean, we did manage to force them back onto their reservations that way… So that we could mine their gold.
I think Paul regards it as his gold
Paul C.
TB blankets not good enough?
Max-1 – they were not interested in the gold. The blankets were a one-off.
Yet some want to go back to 1776.
nini,
And what about women? Not equal enough for the Founders…
Max-1 Freedom for women
Too right Max-1.
I have blogged till I am hoarse about this stuff elsewhere on this site.
You can draw your own conclusions about what was really going on. It was the transfer of power from one elite to another. Simple as that. Nothing else.
Olly, you just can’t channel the Founders without people ‘wondering’…..no whining at all, perhaps amusement. So, who gets into the ‘spirits’ of the Founders more accurately, you or Mr. forgotwhoiam?
I. Annie: “who gets into the spirits of the founding fathers” ?
Well I would like to submit my name for consideration. 😷
Well Ninian, you are English.
I. Annie: Only half English – and I do like hamburgers and pretend to understand the commentary on baseball and American Football when it is shown on TV.
I never really undersold why it is called football because the ball is thrown most of the time rather than punted. Whereas football is soccer in the States.
So I am throwing my wig into the ring I think
Annie
I often wonder about what the Founders meant, “ALL MEN ARE CREATED EQUAL” yet, owned slaves…
Max-1:
“All men are created equal”
They lied…..
Max-1 – if you really want to know what the Founders meant, read The Federalist Papers.
Paul C. Schulte:
Men are equal or they aren’t. You are talking nonsense again.
ninny – at the same time the Constitution was written England was the biggest slave trader in the world. You, and England, have no place to take pot shots at the USA about slavery. You will later become involved in several wars forcing the Chinese to become drug addicts so you could get tea. Is it right to force people to become opium addicts just so you can have tea?
Paul C. Schulte:
Wrong again Im afraid.
We don’t have a written constitution in the United Kingdom and we banned slavery without fighting a civil war with massive casualties.
ninny – you paid the slave owners for their loss of property, made the slaves apprentices, but still kept slaves in India. Ah, you are so virtuous. Besides you had several civil wars before that and almost had another when you had a king who wanted Hitler to bomb London. Luckily you were able to get rid of him.
Paul C. Schulte:
The King thankfully married an American who FDR thought was Nazi Spy. The British got as many freed slaves out of America after their defeat and banned slavery without a Civil War.
It is true that Europe has been at war pretty constantly and Britain has been part of that.
America too has been at war for most of the time since 1776 in one way or another. British, French, Mexican, Canadian, Hawaii, Philippines, WWI WW2 Japan, Germany, Korea/China, Vietnam/China/Russia, Cold War, Afghanistan Iraq / Middle East. Not bad for 239 years I suppose.
War is a human failing and the product of politics.
And the fighting hasn’t stopped. Unfortunately we are the mechanism of our own destruction and you would do well to mind this.
ninny – we are not led by our German overlords.
Paul C. Shulte
So President Eisenhower was Irish then…. along with SS Oberleutnant Werner von Braun who got America to the moon. Storming Norman Schwartkopf of course was obviously Hispanic and Arnold Scwarteneger’s Americanisation surname of Macmillan is obviously mis-spelt.
Other German overlords were Herbert Hoover and Sir Henry Kissinger, (knighted by Her Majesty Queen Elizabeth II who was born in London to a mother who was Scottish and a father who was also born in England)
German Americans made a huge positive contribution to the United States and made a major contribution to defeat Nazi Germany. You should not knock these people Paul. You do your Nation a Great Disservice.
Americas greatest strength is its multinational heritage. You lose this and you lose everything.
I am coming to the conclusion I am more pro American than you are…..😱 Now if you had a King I might just come over. But your King died in Memphis 50 yrs ago. And he was part Cherokee…..
ninny – we have a lot of Germans here, but we do not make them king or queen of the country. We did not import our royal family first from Scotland and then from what is now Germany. They are so German they had to change their name during WWI. They abandoned their relative the Czar to his fate.
Paul C Schulte: If you want to think the daughter of a Scottish Queen born in England is German you need remedial lessons in Geography. I don’t care where people come from. It’s how they behave that matters. Our Queen is very much loved (even in America) and respected unlike your Presidents who keep getting shot.
As far as the Tsar was concerned now he was a Tyrant with absolute power over a serfdom. He could have abdicated earlier and saved his family – but he chose to fight. And lost.
He was not the only person to be refused entry to a place of refuge. A more deserving case can be found in the USA turning away MS St Louis and sending Jews to the death camps.
Your comments are very revealing and portray a very troubled and bitter person. I had no idea rednecks were like this. I thought they were individuals who were suffering from political sunstroke.
So to get back to the question you have so carefully avoided. What is your view on the Texan Judge? Was he right? Was he wrong? Does it matter? Should he lise his job? What image does it give of Texas or America?
ninny – the Windsors were known as the House of Saxe-Coburg and Gotha until the change. Prince Phillip is a member of the House of Schleswig-Holstein-Sonderburg-Glücksburg, None of those names are Scottish.
Paul
It sounds like QE2 is a high status anchor baby.
Paul C. Schulte: Her Majesty Queen Elizabeth II was born in England. Her Mother was Scottish (Bowes-Lyon). Her father was born in England. He was English. His father was born in England, That makes H.M. Queen Elizabeth II English – as are her family. Most if not all Royalty in Europe are related one way or an other. Nobody cares about this except you for some reason.
Even Her Majesty Queen Victoria was born in Kensington Palace England which makes her English. But her husband was German. Her Children were born in England, so apart from Prince Albert they were all English, not that any of that matters. So I’m not quite sure what point you are trying to make here. Normal people couldn’t care less about origins. But it obviously really bothers you for some reason. And that is very interesting as well as being abnormal.
All I can say is that, at least our Royal Family isn’t American, but if it was I would be delighted and would make sure that you were the first to know about it!
Your surname is German, so I am fascinated why you don’t claim to be as German as our Royal Family and that you appear to be so anti German. The name Schulte comes from an ancient Dukedoms that were to become part of modern Germany. The name stems from the Middle Ages and is associated with the position of Town Mayor. This is the genetic link to your misplaced politics. The name was first found in Switzerland where branches of the family were elevated to the Nobility and they came to possess great political influence. The name stems from the word “Schulthesis” meaning Town Mayor.
So in actual fact you are related to the German Aristocracy and therefore you will have links to our Royal Family. So – Your Grace, you are a Man of Distinction of Birth. You even have a Coat of Arms. You are the Real Live Version of His Majesty King Ralph I and I shall look forward to pledging my allegiance should Fate smile kindly on your claim to the Throne.
The Germans are a great people whose country was hijacked by a group advocating personal freedoms as a means to gain Power. Same sort of thing could happen in the USA especially with the radical views expressed of your power brokers. Somehow I don’t think they will offer you the throne, but there are alternatives.
So, Your Grace, be proud of your German roots. Don’t spend your time knocking others and learn to think for yourself.
And finally be so kind to answer my questions about the Texas Judge. You have dodged this enough.
ninny – 2 things. 1) you and I both know your royal family is German and you haven’t had a true Englishman on the throne since Elizabeth I. 2) When do you want to take the civics test. I need to start writing it.
Ninianpeckitt
I’d say war is more a product of economic interests than a failure of politics.
“I often wonder how these Constitutionalists think they have a better understanding of what the Forefathers meant.”
Inga/Annie,
I’m sure you do. You of course have every opportunity to prove any of it wrong and yet you NEVER avail yourself of that opportunity. So sit in wonder, study or provide something different but for God’s sake don’t whine about it.
Who needs to fear Sharia Law when, well…
… Christianists will be doing it for themselves.
Arranged marriages… Hand written verses from the ‘book’… Under duress of punishment.
At least the wife get’s to keep her head, so there’s that.
Write verses from the Koran…
I think the judge was well within his rights to do this. I don’t understand all the hoopla. So what if he told the guy to write Bible verse. No where did it say the perp was an atheist, a jew, or a muslim did it. If Bundy is a Christian, what’s wrong with this?
What most people seem to want is PROCESS by the buckets full. PROCESS is what has filled up our prisons with millions of people, and PROCESS is what takes courts years to review appeals. PROCESS is the enemy of SOLUTIONS.
But PROCESS keeps a lot of lazy a$$ white folks employed. The most important question here should be, “Did the Judge’s actions work? Did they convince Bundy to settle down and straighten his a$$ up?”
If so, then the Judge is light years ahead of the others Judges who just PROCESS people like we PROCESS cattle and chickens.
Squeeky Fromm
Girl Reporter
Squeaky :
The “perp” got married and wrote his scripture to stay out of jail. How is this a punishment? How is this an attempt to straighten an a$$ whatever that might be…..
Now, sending him to Anger Management School and making him sit and pass an exam, including practical test, to record improvement, would make sense in an a$$ straightening exercise.
And making him pay for it, through the nose, would be an appropriate punishment? That is if the courts are deemed fit to punish offenders…
It’s like the case of quarrelling husband and wife who commit a felony and who are both jailed. Let them share a cell.
Now that WOULD be punishment Texas Style…😨
I often wonder how these Constitutionalists think they have a better understanding of what the Forefathers meant. It’s akin to fundamentalist preachers who think they have a better understanding of the Bible than anyone else. The Constitution and the Bible have been twisted, folded, bent and spindled so extensively by such people that these texts have become almost incomprehensible. It must be some form of self deception or narcissism that makes these people think that others take their interpretation seriously.
Olly, the notion of USA’s exceptional position among nations is a pretty tired fantasy .
Ninian
This blog is inhabited by a diverse selection of contributors. However, some of the most prolific tend to be some of the most conservative or ‘libertarian’. A conservative or ‘libertarian’ by response, takes no guff from no body. They criticize from a position of authority based upon a uniquely accurate understanding of ‘what it means to be American’ through a thorough and also unique understanding of the sacred texts, laws, constitutions, etc.
Instead of perceiving the human condition as one that is shared by pretty much everyone in this world, there is more often than not a differentiation laid down between their concept of an American and others. This serves a purpose when rallying a nation for one reason or another, typically in an emergency, but does little to advance the society of that nation.
An American comedy group of the 60’s and 70’s, The Firesign Theatre, said it best, ‘I Think We’re All Bozos on This Bus’. Now there was a time of enlightenment. Come the revolution.
Isaac: So what if anything will happen to this Judge?
Can anyone stand for election to the Bench in America (do you call it the Bench?) Or in a lower court, are they more like a magistrate, a lay judge, advised by lawyers. This might explain the thinking? If indeed there is any thinking.
It just seems bizarre that the accused can pick and choose his sentence and that marriage with scripture study is regarded as a sentence. Maybe judges behaving in this way need a medical/psychological assessment? Do you have a Three Wise Men System to assess professionals who behave in unusual ways?
Reblogged this on Dave Alexander (formerly ukuleledave) and commented:
Where do they find guys like this? On what planet can you sentence someone to marriage?
A Choice, Not An Echo.
Who said that and when? Hint: a woman. She is still alive and needs to be listened to. The Republican who wins needs to bring her into the Cabinet. Or at least under the Cabinet.
ninian,
The United States can withstand all opinions and still retain its exceptional position among nations. Regardless of how far we regress in our cultural attitudes and no matter how far we deviate from our founding principles, we always have the option to return to those principles upon which we were established. They aren’t lost, only forgotten.
And what if you are wrong Olly?
You have never considered that option. What happens to America then?
Complacency is the greatest enemy of any State. The inability to address complacency is a function of a National Mindset.
The problem is that you don’t see it (hence the relevance of the Burns poem). Other Americans clearly do see it and your view does not necessarily represent a majority opinion. But that’s not how America works. Your Texan Judge apparently has the petsonal freedom a to do what he wants – no matter how stupid this is. Now that IS Stupid. What is even more Stupid is that he can behave like this. That no one can stop this charade takes the biscuit of Stupidity. And there are lots of Americans who don’t sign up to this level of ridicule.
No American can help an America dazzled by its own reflection; it has clearly demonstrated that it cannot help itself.
This is a key symptom of decline.
So I support those Americans who want to address these issues. I don’t want to see a country that has achieved so much become a failed state or an International Joke.
impeach this idiot.
I think Sharia Laws order arranged marriages, too…