Judge Edward Prado Nominated for Fifth Circuit Seat

By Jeralyn, Section Judiciary
Posted on Fri Feb 07, 2003 at 05:06:12 AM EST
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President Bush has nominated Edward C. Prado, a U.S. District Court Judge in the Western District of Texas, for a seat on the Fifth Circuit Court of Appeals.

We are pleased. Judge Prado opposes mandatory minimum sentences. In 1996, on behalf of the National Association of Criminal Defense Lawyers (NACDL), I invited Judge Prado to Washington, DC, to serve on a panel of experts opposing mandatory minimum sentences, as part of our then-annual Legislative Fly-in. The panel was entitled, Sentencing: The Miscarriage of Mandatory Minimums. Other members of the panel included U.S. District Court Judge Terry Hatter (C.D.C.A.) and Julie Stewart of Families Against Mandatory Minimums (FAMM).

Judge Prado was appointed to the federal bench by President Reagan in 1984. Prior to that he had been both a prosecutor and a public defender and a state court judge.

Here are Judge Prado's remarks:

"Judge Hatter and I are not alone. The judges were surveyed several years back and asked for their opinions. This was back in '92, so it's a little old, but it gives you an idea. Here's what district judges thought about mandatory sentences, and I'm just going to summarize. (Among the questions was what is your opinion about) "Maintain(ing) the current system of mandatory sentences?" About 70 percent were in opposition to retaining the system. (Another question was,) "Change the current sentencing rules to increase the discretion of the judge?" 85 Percent of us thought we should have more discretion. "Retain from enacting more legislation mandating minimum sentences?" 88 Percent of district judges, (the sentencing judges) said no more minimum mandatory sentences. "Repeal most, or all, mandatory minimum sentences?" 80 Percent of us said we should repeal them.

So the vast majority of district judges, (and there was a survey taken also of appellate judges and magistrates, and it pretty much was close to this), 75 - 80 percent of us, don't like them, don't want any more, and want them to be done away with. They cost millions of dollars. You have to house these people an extra amount of time. They have a big impact on the low-level, first offenders, which I don't think was the purpose of the mandatory sentences. But you've got a lot of first-time offenders that are getting stuck with these things. They'