The judge does not have the authority to override an executive decision of the commissioner's court. The judge should have stayed out and told the party that wanted an injunction that the commissioners have already decided when they defined it as a ceremonial event. Why would the judge allow the commissioners to make an exception? They have already made a decision. The judge is over reaching his authority. Similar to the California judges.

[This message has been edited by Houstonag (edited 11/18/2005 2:18p).]

Unfortunately, there is no such thing as a "ceremonial exception." I don't know where that came from.

From the judge's mouth.

I still take the position that the judge should have taken no action at all. Why is it that some judges around the country want to run things? They should have gone into adminstration or run for an executive office.

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Why is it that some judges around the country want to run things?

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Maybe because the County Judge runs the Commissioners Court?

I posted this on another thread, but it bears repeating:

All you Aggies that are working on the bonfire better send a letter of thanks to the judge.

He was forced to apply the burn ban, but he did what he could in that order to allow the commissioner's to meet and allow the bonfire.

For those of you who are not familar with court orders, the plaintiff would have presented the typed order to the judge for signature, and the judge would have written in the handwritten language.

You can tell from what he put in the order that: 1. he was disappointed with the county judge for his timing, and 2. he wanted to find a way to help the bonfire burn.

Houstonag-

You are wrong on this one, the judge was forced into the order, the county commissioners erred and the county attorney was trying to catch them in the error, but the judge found a way to let te bonfire go on this weekend.

I think the Bonfire committee should have checked state laws regarding burn bans.

Agreed Aston. There's no doubt that the handwritten notes on the court order imply that the District Judge did what he could to overcome the injunction.

ldy, what do you do when the county judge tells you that you're covered and there's no need to worry about it?

You proceed and don't worry about it. The way he said we were covered had a loophole. I don't understand it all, but apparently it was researched.

I stand corrected based upon what you have seen that I have not. I am just tired of some judges not doing what they are suppose to do and doing things they should not. National perspective.

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but the judge found a way to let te bonfire go on this weekend.

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Not just yet. There's not a definitive answer. All we can do is hope.

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ldy, what do you do when the county judge tells you that you're covered and there's no need to worry about it?

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You vote in another judge at the next election.

Randy Sims was the person who screwed up here. However, you would think with all the outside help ASB gets that someone with some legal knowledge would have stepped up and recognized Sims was screwing up.

NSG

You are correct, I meant to say he found a way do that others could allow the bonfire to go on this weekend.

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I think the Bonfire committee should have checked state laws regarding burn bans.

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Wrong.

The state allows for ceremonial exemptions.

However, the burn ban issued for Brazos County in September did not provide for such an exemption. That is the law being used here, and it supersedes the state statute.

Sounds like the judge wants it to Burn.

YES, Sounds like the judge was just trying to pave a legal way for you guys to burn.