About This Blog

Judging Crimes is a blog about criminal law, violent crime and the judiciary, dedicated to making the liberal case for greater democratic control of the criminal justice system.  It's a "view from the trenches" because it's written by a practitioner, not an academic or journalist.  It examines the changing role of the judiciary in American society by looking at what judges actually do, rather than what they say.  I know what they do because I deal with the consequences every day. 

Opinions issued by judges, from Supreme Court justices on down, are justifications for the exercise of governmental power.  But it is the exercise of power itself that should command our attention, not the justifications.  Judging Crimes is concerned with the reality of judicial power rather than the verbal formulas used to defend it. 

American law professors have long liked to say they teach their students "to think like a lawyer."  Learning to think that way is a matter of internalizing certain assumptions.  The practice of judging is likewise based on a foundation of shared assumptions, among them that the United States Constitution -- a document of 8,335 words, the length of a book chapter -- provides an answer to every question.  Rather like a Ouija board.

These assumptions are so ingrained -- and their internalization is so necessary to the successful practice of law -- that most people who subscribe to them aren't even aware of having done so.  Judging Crimes will try to engage not just with the expressions of judicial power, but with the assumptions on which those expressions  rest.  

Judging Crimes won't be filled with daily entries commenting on the day's events or provide a best-of-the-web welter of links.  Many other blogs already do that, far better than I could hope to do.  (Check out these.)  Instead, Judging Crimes will contain pieces of a length that might seem long for a blog but would be short in a serious magazine.  I hope to post new pieces several times a week.

Powered by Squarespace
What's not to like?

Hit the "like" button on Facebook to be notified of mini-blog entries and new posts and columns.

In Our Name
Test Drive the Book!
« 34. Criminal Statistics | Main | 32. Extra-Constitutional Authority »
Friday
Dec302005

33. What took them so long?

Ohio Supreme Court Justice Alice Robie Resnick was finally "reprimanded" for her drunk driving arrest of January 31, 2005.  How can it possibly take a committee -- even a committee -- 11 months to decide a case in which, the Plain Dealer tells us, "The patrol's video footage of the arrest, played repeatedly on television, show the confused and haggard-looking justice quarreling with the deferential troopers"?  What in the world could they have been talking about for 11 months? 

In my experience, lawyer and judicial disciplinary boards are carrion-feeders, picking off the weak and generally steering a wide course around the powerful.  Lawyers at the big firms, lawyers with the resources to engage the board in litigation attrition, lawyers with friends in high places, and especially lawyers who are themselves in high places -- they don't get hauled in front of disciplinary boards unless they cross a line.  And the line is a bright one: the news.

In order to get before Ohio's disciplinary board, Justice Resnick had to go to enormous lengths: a BAC that would stagger your average alcoholic, side-swiping multiple cars, quarreling with troopers, even getting back into her car and driving away, forcing the troopers to chase her down a second time, according to the PD.  All this on video, too.

So perhaps the delay wasn't prompted by a wish to revive the story during the current election cycle, to hurt Justice Resnick's re-election campaign, as one might otherwise suppose.  Perhaps the board members just didn't know what to do when forced into the unfamiliar position of meting out "discipline" to someone in a position to retaliate.

Reader Comments

There are no comments for this journal entry. To create a new comment, use the form below.

PostPost a New Comment

Enter your information below to add a new comment.

My response is on my own website »
Author Email (optional):
Author URL (optional):
Post:
 
All HTML will be escaped. Hyperlinks will be created for URLs automatically.