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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« 142. WWDSD? | Main | 140. Are you a judicial liberal? »
Tuesday
Aug012006

141. Brocton Lockwood and Operation Greylord

The Harrisburg (Illinois) Daily Register ran a great story yesterday, a profile of retiring Judge Brocton Lockwood.  In case the name doesn't ring a bell with you, here's a description of the judge in his salad days:

Lookwood had the Hollywood good looks of a soap opera star - thick, brushed-back wavy hair and a thick mustache - and a resonant voice laced with a southern Illinois twang, making him sound like a judicial Slim Pickens.  The whole presentation was a likeable one and, using an innocent hillbilly front, he was quickly able to ingratiate himself with the lowest elements of traffic court.

That last clause gives you a hint of what's to come.  As a downstate judge, Lockwood was required to spend several weeks a year working in Chicago.  That's when he learned about the way things were done in Cook County in the late 1970s:

Lockwood found out who was honest and who wasn't.  He learned about Presiding Judge Richard LeFevour's courtroom rental system - where dependable bribe-taking judges would be assigned to the courtrooms where they could make the most money, the ones with drunken-driving and leaving-the-scene cases.  These judges would kick back to LeFevour.  If they didn't, or, worse, if they were honest, they were soon transferred to courtrooms that heard minor offenses. 

The quotes are from James Tuohy's and Rob Warden's classic book Greylord: Justice, Chicago Style.  Lockwood thought hard about where he might find an honest law enforcement agency, and eventually went all the way to  Washington, D.C. - he didn't trust anyone closer to the Daley machine than that.   But the feds were initially afraid Lockwood was a spy sent by the Chicago mob to infiltrate their ranks.

Eventually they agreed to let Lockwood wear a wire - actually, something closer to the A/V equipment you remember from junior high school, with a microphone draped over his shoulder - and he succeeded in getting many of his fellow judges to speak for posterity.  According to the Daily Register, Operation Greylord's final tally was "17 judges, 48 lawyers, 8 policemen, 10 deputy sheriffs, 8 court officials, and 1 state legislator" arrested, and most of them convicted.  (Here's a handy chart.)   Judge LeFevour was sentenced to 12 years

Lockwood wrote an autobiography, which I haven't read.  He also quit his judgeship.  In 2000 he was offered an opportunity to return to the bench.  He was reluctant until he received assurances he wouldn't be required to rotate through Cook County: "It wasn't really safe for me to go back up there ...  I didn't think they would kill me, but I did think they would set me up."

Remember, the "they" he's talking about are judges and lawyers.

One detail I hadn't previously known:

When the state Supreme Court learned about Operation Greylord, Lockwood and two lawyers involved in the case were called on to show why they should not be disbarred for casting the state judicial system in a bad light, Lockwood said.

It's the attitude captured for all time by C.P. Snow in The Affair, a novel about an academic scandal.  The head of the department tells the assembled faculty: "[A] piece of scientific fraud is of course unforgivable.  And any unnecessary publicity about it, even now, is as near unforgivable as makes no matter." 

It's sobering to think that if Operation Greylord hadn't produced quite so many headlines, the Illinois Supreme Court might have been quite happy to sacrifice the legal career of an honest judge to protect the the reputation of a system that didn't deserve it.  

Reader Comments (1)

www.leecountyconspiracy.com living an Operation Greylord type situation right now.
April 4, 2008 | Unregistered Commenterscott goodyear

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