Well, I guess my gut feeling in my post "Convicted Felons Go To Jail, Right?" was right on (for once).
Judge William Foust, citing precedent, argues that he is powerless to intervene with the House of Corrections in Milwaukee County and force convicted felon Brian Burke to serve his sentence in a jail cell.
While I'd like to tell the judge to grow a pair and challenge this, I guess it is outside the purview of the judiciary to challenge the decisions of the executive branch (wait a minute, isn't that what judicial review is?)
Anyway, I guess there is nothing he can or is willing to do. What he should have known is what I suspected of those who thought he would actually go to jail. Being a judge, and part of the "system," Foust must have some innate trust that the system will ultimately work for all concerned.
A belief, apparently, that allows a politically connected felon to intervene with his old chums in the Milwaukee County Sheriff's Department and pull the ol' switcheroo on the whole sentencing thing. Foust, how deluded are you?
I think this almost goes without saying, but he never should have allowed him to leave Dane County. He should have been forced to serve his term in Madison.
Being a felonious ex-legislator and lobbyist, the state capital seems to me to be the logical choice.
Year in review
4 months ago