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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In Our Name
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« 157. Sealing democracy | Main | 155. Constitutional nostalgia »
Saturday
Aug262006

156. Tennessee slime

Utter shamelessness has a kind of crystalline purity of its own.  Take the case of Tennessee's long-serving General Sessions  judge Thomas Alva Austin (no Edison, he), already encountered once before.  (See post 60.)  Judge Austin's court had jurisdiction over misdemeanors and traffic offenses, and he regularly ordered offenders to attend certain private driving schools or patronize a particular "private probation firm. "  (Private probation firm?  And they were surprised by what happened??) 

You might be wondering how the judge chose which driving schools and private probation firms to favor with his defendants' patronage.  This sequence of stills from an FBI video explains the judicial decision-making process.  You'll notice that the particular bid wasn't sealed.

Having been caught in full-color - none of that old-fashioned grainy b & w through-the-vent stuff - what could ex-Judge Austin possibly say in his defense?  Well, how about: It's my wife's fault.

You see, the reason he extorted kickbacks from the driving schools and probation firm, it turns out, is that his wife was having what Austin's lawyer terms an "extramarital lesbian relationship".  (Did you know there was another type of lesbian relationship in Tennessee?) 

Tim Buckley once sang about this very situation: "The saddest thing in the whole wide world / Is to find your baby's been with another girl."  But the character in the song dealt with it by drinking himself blind, not with extorting thousands of dollars from local business people.

Furthermore, nothing in the song indicates that the character stayed blind drunk even for six months, which is how long the judge says he was demanding kickbacks.  By coincidence that also happens to be the the length of time during which the FBI documented the judge's shakedowns.  Amazing, isn't it, the staggering good luck that led the FBI to begin its investigation into the judge's regular commission of major felonies on a systematic basis at the precise moment the judge first began to commit them?

(The prosecution's witnesses alleged that the judge's shakedown schemes continued for ten years, and I'd peg the probable truth of those allegations at someplace north of 99.99%.)

So ex-Judge Austin, we know for a fact, was a thug who used his power to shake down local business people in the style of Mafia hoodlums.   We can feel quite certain that he's also lying to the federal judge.  He gives every sign of lacking a conscience, the distinguishing feature of sociopaths.  But he's got one thing going for him.  It's the trump card played by his attorney:  He's heterosexual. 

Tending to confirm my long-distance diagnosis of sociopathy, ex-Judge Austin was cruel enough to get one of his own children to write, or at least attach his or her name to, a letter to the sentencing judge that said, "My younger brother will have to live with his mother and her new girlfriend if my dad has to go away."   It will be interesting to see whether a judge in Tennessee will be receptive to the argument that it's better for a child to be raised by a crook and a liar - and the type of creature who would extort such a letter from his own child - than by a lesbian.

Austin's lawyer, trying to put a positive spin on things, pointed out in his sentencing memorandum that "[a]t no time was Mr. Austin charged with any crime or with judicial impropriety prior to the current indictment, and the current charges did not compromise his judicial integrity."  Which raises the interesting philosophical question: Is it possible to compromise a quality you don't possess?

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