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Website: beauhigginbotham.com
Short Answer:
What should voters consider when choosing their Judge for Appeals Court?
Trial Experience: I have spent nearly two decades in the courtroom, everyday learning and experiencing what happens in jury trials. The Appeals Court is a court that reviews trial court decisions to determine if error has occurred or not. Without this nearly two decades of trial experience, how would one know how to review a case for error? You can’t. My experience cannot be replaced or replicated. My judicial philosophy is conservative. Honesty and transparency-I have been an outspoken advocate for judicial transparency and my judicial career has been one of promptness, preparation, and courtesy to all parties.
How have your legal experiences prepared you to work in the Appeals Court system and deal with cases from a variety of backgrounds?
Having practiced civil, criminal and family law and spent two decades in the courtroom, I feel that I am uniquely qualified to serve on the Court of Appeal because of my extensive trial court experience. As an attorney in private practice and engaged in real estate business, I have a solid foundation in the issues of business, tort and complex litigation. As a former prosecutor, my experience has afforded a clear vision on tackling criminal matters. My 8 years as a criminal court judge, I have directly dealt with the changes in our society and have built a reputation as a strong, consistent and fair judge as it relates to criminal matters.
What issues will impact your decisions regarding adoption and custody rights case?
The law. Judges must enforce to rule of law, uphold the Constitutions, follow the prescriptions of the legislative body and do what the people’s representatives decide. They are not to legislate from the bench.
How has the War on Drugs been effective and ineffective? What is your view on mandatory sentencing for non-violent drug offenses?
It has been more ineffective than effective. It has been effective by forcing the issue of illegal drugs into the public spotlight. However, it has failed in slashing the demand for drugs in our society which has led to the explosion of violence on our streets. Generally, all illicit drug use and drug trafficking are violent crimes. While use of drugs is an individual decision, the marketing and distribution of illegal drugs are a violent action against society and, particularly, young people. Mandatory sentencing for “non-violent” drug offenses has failed in part, but this should not be deter holding persons responsible for their actions, especially drug distribution. Dealers and drug kingpins must be arrested and fully prosecuted from the bottom to the top. Drug users must be dealt with sternly in an effort to insure rehabilitation opportunity, but frequency of arrests and a long criminal record provides clear evidence that incarceration is an alternative to insure rehab.
What is a judge’s responsibility regarding the growing problem of overcrowding in Louisiana’s prison system?
Judges bear no responsibility with the overcrowding of Louisiana’s prisons. Judges enforce the laws enacted by the Louisiana Legislature. Judges cannot control the crime, they can only address the crime that comes before them. Should we not punish crime because of an overcrowding problem? Crime is responsible for the overcrowding. A judge’s responsibility must primarily be to protect society from violent criminals. Period. Overcrowding cannot be an excuse for failure to protect society from such individuals. A revolving door of incarceration for violent criminals does not work. A judge must be aware if the incarcerated are being treated humanely but this does not ensure a “country club” mentality. Overcrowding in prison is dangerous to the prisoners as well as the guards and prison
personnel.
Do you believe all citizens have adequate access to legal assistance and the appeals system? How can this access be improved?
Clearly, not all citizens have adequate access to legal assistance, especially the poor. Public funding to finance such assistance is part of our system, but the public provides the money through taxes. Thus, there must be a more aggressive explanation made to the public about this matter. This is a matter for public policy, at this point, and funding must be left in the public domain of the legislature.
What makes a good temperament for a judge?
Consistency. Preparation. Courtesy. Honesty. Fairness. Each of these components must be found in a judge. The consistency of process ensures every litigant understands what the judge expects and respects the judicial process. Preparation by the judge ensures an efficient administration of justice and timely decisions. Courtesy must be afforded both sides in litigation. Honesty speaks to the lack and/or reduction of any possible conflict of interest on part of the judge and this is essential. If all of the above are adhered, then, fairness will be the result plus the judge must take time to take into account the place, position and disposition of the each party to fashion a fair result.
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