Storm clouds are gathering over the General Assembly as lawmakers consider the reappointment of Superior Court Judge Thomas P. Miano. A bitter fight is expected, and the focus of that fight is the judge’s sentencing decision in the case of State v. Burke. A good jurist should not be immolated on a smouldering heap of half-truths. Judge Miano should be appointed to another eight-year term.
Edward Burke III was charged with possession of child pornography, a serious charge befitting serious consequences. At the time he was accused, lawmakers had not declared that there should be a mandatory minimum prison sentence for a conviction. In other words, a judge had lawful discretion to give a suspended sentence.
