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.

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Saturday
Oct142006

181. Life imitates Animal House

Flavia Colgan of the Philadelphia Daily News nicely sums up one of the plot points of the movie usually credited as the first of the gross-out comedies, although it's pretty sedate and decorous by contemporary standards:

In "Animal House," the evil Dean Wormer, in his quest to get rid of the nuisance of the Delta fraternity, puts them on "double secret probation." It was a made-up term that just made his desperation even more hilarious.

From Louisiana, always a rich source of material for this blog, we read this news story:

The state's highest court ordered Orleans Parish Criminal Court Judge Charles Elloie removed from the bench until a full hearing into alleged misconduct involving the setting of bonds can be heard.

Elloie has come under fire for years for his lenient and sometimes erroneous bond setting practices.

As the old saw has it, the easiest way to make money is to be standing around when it changes hands, and bail bonds involve a good deal of money changing hands.  It was a federal investigation into Jefferson Parish bail bond practices that wiretapped Judge Ronald Bodenheimer ordering a minion to plant OxyContin in the car of a man who had opposed the judge's request for a zoning variance on a little business he ran on the side.  (See post 12 and post 67.) 

Fellow south Louisiana Judge Alan Green was sent to prison for steering defendants to a particular bail bond company in exchange for kickbacks.  (See post 67.)  So whatever it was that Judge Elloie was allegedly up to, he was stepping in some big footprints.

For the cognoscenti, apparently, Judge Elloie's troubles aren't altogether surprising:

When Elloie ran for office in 1986, he was already on probation from the Louisiana Bar Association. During that election and in his early years in office, he repeatedly ran afoul of the Louisiana Judiciary Commission.

The commission placed Elloie on secret 3-year probation and later called on the Louisiana Supreme Court to censure him.

Secret probation?  As Flavia Colgan says, double secret probation and its governmental equivalents sell out the principles of representative democracy to protect the powerful.  The Louisiana Judiciary Commission, which imposed secret probation on Judge Elloie, is itself a highly secretive organization, whose activities are generally hidden from the public - as we find out from the website of the Louisiana Supreme Court, which apparently oversees the body appointed to oversee it.

The underlying concept is straightforward: the people have no right to know what one-third of the government is doing.  As to what, exactly, Judge Elloie was doing, here's a clue:

During the week he spent attending a continuing legal education seminar at a posh resort in Jamaica three months ago, Criminal District Court Judge Charles Elloie approved 11 bail reductions for defendants, court records show.

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