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Editorial Week of April 28, 2002
Judicial Irresponsibility
by Philip Roberto
After the five-year old son of Guatemalan immigrant Wellington Soto stole a pack of gum from an Anaheim, California store on New Year's Day, the father held his son's hand over an open flame on a gas stove as a punishment. After a teacher noticed the boy's wound, school officials alerted law enforcement and prosecutors filed felony child abuse charges against Soto, seeking a state prison term.
What Soto did was wrong and irresponsible as a parent. However, the judge who heard the case and handed down "punishment" to Soto was even more irresponsible.
Orange County Superior Court Judge James O. Perez is known for being lenient towards first-time offenders. Wellington faced up to six years in prison if convicted of felony child abuse. But, on April 23rd the judge made a mockery of the U.S. judicial system by merely ordering Soto to pay a fine of $100.
Citing a "crosscurrent of customs and habits", Judge Perez said that while hand-burning may have been too severe a punishment, it could serve as a strong deterrent and lesson for the boy. The judge noted that he, too, was similarly disciplined as a child.
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The prosecutor urged that Judge Perez ignore Soto's claim of not being familiar with American laws and culture towards child discipline, but Judge Perez concluded that the offense was "an isolated incident with a purpose.... Maybe it will keep Junior from being one of our customers downstream."
Cultural attitudes is no excuse for child abuse. We wonder if Judge Perez would use the same rationale if a Saudi immigrant had cut off the hand of a child as punishment for stealing.
Since Judge Perez sits on the bench part-time as a retiree, there is no mechanism for Orange Country voters to remove him at the ballot box. In fact, California law even allows judges who lose re-election to still serve on the bench by appointment.
Perhaps it is time to change that. There is no excuse for judicial irresponsibility.
Philip Roberto is the Editor of PoliticsOL.com and a veteran political activist. Sign up to receive his FREE valuable e-book on E-Activism, How to Advocate Your Cause on the Internet, at: http://www.politicsol.com/ebook.html
Orange County Superior Court Judge James O. Perez is known for being lenient towards first-time offenders. Wellington faced up to six years in prison if convicted of felony child abuse. But, on April 23rd the judge made a mockery of the U.S. judicial system by merely ordering Soto to pay a fine of $100.
Philip Roberto is the Editor of