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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« 431. Mating habits of the domestic judge, Pennsylvania version | Main | 429. The brush-off »
Sunday
Feb282010

430. Mating habits of the domestic judge, Ohio version

The Florida Supreme Court recently ruled that for a judge to deny justice to victims of intimate partner violence and sadistically toy with them in open court, is, to be entirely candid, just not altogether top-drawer form.  (See post 429.) 

But what if the judge goes one step beyond re-victimizing by knocking off the "re-"? Consider Cleveland  Juvenile Court Judge Joseph Russo:

According to the Supreme Court’s ruling. Russo and his girlfriend became embroiled in an argument while driving home after dinner and drinks at a restaurant in the early morning hours of September 6, 2006. When the argument escalated into a physical altercation, they stopped at a gas station, where the fight continued. Both were arrested and charged with “disorderly conduct intoxicated,” a minor misdemeanor. Later that month, Russo signed a waiver admitting his guilt and paid a $100 fine.

Then in the early morning hours of July 4, 2007, another physical altercation ensued after an argument between Russo and the girlfriend at the couple’s condominium. A neighbor called police, but by the time police arrived, Russo had left the condominium to check into a nearby hotel.

Police interviewed the girlfriend, who asked for a domestic violence temporary protection order. Police also interviewed Russo, who initially denied the fight. When police told him of the domestic-violence charge, however, he claimed that his girlfriend had attacked him. The next day, the Rocky River Municipal Court granted a domestic-violence temporary protection order against respondent.

In early March 2008, the domestic-violence charge was amended to “disorderly conduct persistent,” a misdemeanor of the fourth degree. Russo pleaded no contest and was convicted. Later that month, Russo received a 30-day suspended jail sentence and was ordered to continue counseling for alcohol abuse and anger management. He was also placed on probation for one year and was fined $250.

There was no fight, officer, but she started it.  So he's a liar as well as a batterer (sorry - disorderly conductor). 

And as a result, the Ohio Supreme Court ruled sternly, he would be allowed to stay on the bench.  However, the high court decreed, the meaningless six-month suspension of Judge Russo's law license recommended by the disciplinary board wasn't enough.  After all, it was a purely symbolic suspension so long as the judge remained in his full-time juvie court position.

"A sanction more rigorous than the board's recommendation is required."  So the court sternly upped it to a meaningless twelve-month suspension of the judge's law license, and then suspended the suspension, restoring the status quo.  Take that, Judge Russo!

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