Judge Orders Man to Marry Girlfriend or Go to Jail

Photo Source: ABC News
20 year old Josten Bundy got in an altercation with his girlfriend's ex-boyfriend, which lead to the ex filing an assault charge against him. Bundy said that the ex was saying rude comments to his girlfriend, so Bundy punched the ex in the jaw a couple times.

A Texas judge ordered Josten Bundy to either go to jail for fifteen days or marry his 19 year old girlfriend within thirty days of his probation. On the official court transcript, the judge asked Bundy if his girlfriend was "worth it." Other part of his probation include writing bible verses and getting counseling.

The couple got married within the appropriate amount of time. They didn't even question the legality of the ultimatum until after they got married. Attorney Blake Bailey said that the wedding was illegal, and that it would have been rescinded if they had appealed the sentencing to a higher court. So far the couple does not regret getting married. They are planning another ceremony in the future, so more friends and family will be able to attend.

Comments from Allen:
The sentence is illegal if anyone wants to challenge it.  A judge can get in trouble for inserting his personal religion into a sentence, as judges have to answer to a standard of conduct just as lawyers do, and they are subject to sanctions if they violate that standard of conduct.  Making Bible reading part of a sanction is taboo, even if everyone involved accepts the Bible as the Word of God.  A judge likewise has no power to "force" someone to get married.  Anyone forced to get married has a solid argument that the marriage was not entered into voluntarily, and that would be a basis for either a court order that the marriage does not exist, or a finding by a court that the marriage may be annulled on the basis of lack of consent or use of force.

If the sentence was to be challenged, the sentence would be set aside and another judge would be appointed to fashion a new sentence.

This reminds me of another form of illegal sentence that is sometimes imposed, the "sundowner" sentence in a criminal case: "You get out of town before the sun goes down, and I won't put you in jail."  Courts are not allowed to impose such sentences, however,  the consequence of leaving town is generally far less onerous than going to jail for a long time, so people receiving these sentences often do not challenge them.

Like the defendant in the sundowner case, the defendant in this case chose a far less onerous sentence and is happy with it, and there will be no challenge or appeal.  Nonetheless, because the sentence involves marriage, there are implications to this sentence beyond avoiding 15 days in jail.  If this storybook marriage goes south some time in the future and Prince Charming decides to split from his Princess, some other judge may grant an annulment or determine there is no marriage.  That means that Mrs. Charming might not get the benefit of community property laws; all that property acquired from her husband's earnings over the years might belong to him 100%.  I would say this is true until the next wedding ceremony they plan with family and friends present; exchanging vows at that time would be voluntary and free of the problems of this judicial shotgun affair.

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Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen handles cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.

Also, check out browninglaw.net for more information about Allen and Browning Law.

Allen Browning can help with all personal injury claims including motor vehicle accidents,truck accidents, auto accidents, serious and disabling accidents, and wrongful death claims.

Allen Browning is an Idaho Falls attorney who can also help with drunk driving (DUI) , Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, battery and assault charges, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.


 Allen is able to provide his services if the incident occurs in the following Idaho Areas: American Falls, Arco, Blackfoot, Boise, Burley, Driggs, Idaho Falls, Malad City, Pocatello, Rexburg, Rigby, Salmon, St. Anthony, Twin Falls, Bannock County, Bingham County, Bonneville County, Butte County, Cassia County, Clark County, Fremont County, Jefferson County, Lemhi County, Madison County, Oneida County, Power County, Teton County, and Twin Falls County.

Sources for more information:

http://www.cnn.com/videos/justice/2015/08/08/judge-sentences-man-to-get-married-or-face-jail-time-pkg.kltv

http://www.kltv.com/story/29721876/judge-sentences-east-texas-man-to-get-married-or-face-jail-time

http://abcnews.go.com/US/judge-texas-man-married-jail/story?id=32962497

http://www.nydailynews.com/news/national/texas-judge-orders-man-marry-girlfriend-article-1.2318221


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