I Do

There are a couple of pleasant duties that fall within my job description.  Uniting a couple in marriage is one such duty. 

As an official judicial duty, a judge may marry people in the courthouse, during office hours, at no charge to the couple (except, of course, for the marriage license).  I cannot put off regularly scheduled court cases to perform a wedding, but we can usually find a few minutes during the day to recite the vows. 

Wedding parties have arrived at the courthouse in suits and wedding dresses and in jeans and t-shirts.  They have come with friends and family and I have had to recruit a best man and maid of honor from the court staff to witness the wedding.  Some have been so young that I have had to sign an order to permit the County Recorder to issue a marriage license.  One groom was in handcuffs, as the jail had brought him to the courthouse to marry his fiancée.  On another occasion, I went to a jail to perform the ceremony for a man who had been sentenced to life in prison for murder.

On other occasions, I have been asked to perform weddings away from the courthouse and outside of regular business hours.  For these weddings, a judge is permitted to charge a fee for services. 

I have performed weddings at golf courses and restaurants; at parks and in living rooms and in back yards.  One of my memorable weddings was performed on an island in Lake Minnetonka!

There are no magic words or a required script to memorialize a marriage ceremony.  The form I have used is brief and to the point.  As I tell folks who ask, it will take about five and a half minutes, “if I talk real slow.”

Some couples will write their own vows, which is very nice.  Others will have an appropriate reading.  Music may be a part of the service, but often is not. 

I will tell the couples and their guests that marriage is regarded as a civil contract that imposes duties on each of them.  I ask them to promise that they will love and honor, comfort and cherish each other so long as they both shall live.

And I end the ceremony by pronouncing “by the power vested in me by the state of Minnesota, I now pronounce you husband and wife.”

That’s a pretty nice duty that judges are asked to perform!

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Next Week:  Do Some Justice

Fortune Cookies

Several months after I had been sworn in as a Trial Court Judge, I was sent to the National Judicial College at the University of Nevada – Reno for a three-week orientation course.  This program was designed to help new judges acquire the basic skills of judging as we assumed our duties.  (Budget restraints have eliminated this valuable skills program for new judges in Minnesota today.)

So off I went, to live in a college dorm for three weeks along with several dozen judges from across the country, and even from other countries.  One of the judges I hung around with the most was from Japan.

The days were jammed full of classes, and attendance was strictly required.  There were no slackers among us!  We would be presented with a lecture on criminal procedure or evidence or ethics and would then retire in small groups of about a half-dozen judges to discuss.  That is where the real learning took place – discussing and debating and learning from each other. 

While the work week days were scheduled very tightly, the weekends, however, were open.  As our children were still in school, Patty could not come out to join me, so I was on my own from Friday afternoon till Monday morning.

One weekend, I visited an aunt and uncle in Modesto, and my best friend from law school in Fresno.  That trip included a short visit to Yosemite National Park – a gorgeous jewel of the national park system.

The other weekend, I drove completely around Lake Tahoe, including a stop at the Donner Memorial near Truckee California – another beautiful place with a tragic history.

The scenery of Lake Tahoe was truly stunning.  I really wished that Patty could have enjoyed the day with me.  I was feeling pretty lonely.

Around supper time, I stopped at a Chinese restaurant.  Seated by myself at a table, I watch couples coming in, and felt more and more lonely and homesick.

After my meal I looked at my fortune cookie.  It was the only fortune cookie I have ever opened that literally brought tears to my eyes.  It read: 

You are deeply attached to your home and family. 

Another fortune:  A few years ago, I joined some other judges at a Chinese restaurant for lunch.  That fortune is on my computer monitor at work, and has brought smiles from visiting judges using my office:

Your judgment is a little off.  Rely on friends. 

Sometimes the cookies are right, sometimes, they are a little off….. 

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Next Week:  I do

All Men Are Created Equal

As we celebrate our Nation’s birthday, I pause to reflect on the miracle that resulted in the formation of the greatest nation on earth. 

Consider Thomas Jefferson’s remarkable prose:

We hold these truths to be self-evident:  That all men are created equal.  That they are endowed by their Creator with certain unalienable rights.  That among these are Life, Liberty and the Pursuit of Happiness. 

After the stirring prelude in the Declaration, a “history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States” is presented in 26 grievances against the King of England.  These, largely, deal with the King’s disregarding the law and imposing his will on the colonies. 

The principles of the Declaration and subsequently of the Constitution and Bill of Rights (the first ten amendments to the Constitution) clearly set forth the philosophy that this shall be a government of laws, not men.

                                                                                 

So, to ensure as best they could that one man or group of men could not so control the government to impose their will, the founding fathers instituted a system of checks and balances, creating a legislative, executive and judicial branch.

Our country has evolved over the 237 years since the adoption of the Declaration of Independence.  When Jefferson wrote “All men are created equal,” neither he nor any of the founding fathers included women or Native Americans in that definition.  They are now included.  Slaves were not included, either.  The institution of slavery ended about 87 years later.

I am proud to have served as a District Court Judge where folks have their first exposure to the third branch of government.  I marvel at the wisdom, courage and fortuity that guided the founders of this wonderful country to establish the framework that has survived strife, argument and even civil war to give us all the blessings we enjoy today.  I am humbled that the citizens of this state have entrusted me with the awesome duty, responsibility and privilege to act as the arbiter of their most important disputes.

As a take a few days off from my judge work this week to spend time with my family, I will take some time to reflect on the good fortune we all have to have been born in a country which respects the rule of Law.  I invite you to do the same.

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Next week:  Fortune Cookies

Dress Code

When I was growing up, when Mom and Dad would occasionally go out for dinner, Mom put on her best dress and Dad his coat and tie and off they’d go.  Just about the same way they would dress for church the next morning. 

When I began to practice law in the mid-1970’s, no one would dare dream of going to the courthouse without a coat and tie – even if you were called for jury duty. 

The Rules of Decorum today provide for “appropriate courtroom attire.”  I used to tell my clients to dress for court as if they were going to church.  That doesn’t work so well any more, as a significant number of churchgoers wear shorts, cut-offs, t-shirts and even tank tops.  I am amazed that people come to court in such outfits. 

No one wore a hat in Lucy McCarthy’s house, but rarely a week goes by when I don’t tell someone in court to take off their baseball cap. 

When I was first on the bench, I would send home defendants who were not properly dressed and told them to come back later in the day.  Most did, but some did not.  So, I switched to thanking those who did come to court dressed up – shirt and tie for men, dress or dress suit for women – often by reducing the fine they were required to pay. 

As an attorney, I rarely went to the office without coat and tie.  Today, with casual Fridays several times a week, attorneys are called into court on short notice and appear in what is inappropriate courtroom attire.  Sometimes it’s not even business casual – it is jeans and a polo shirt.

When I was campaigning for office in the 70’s and 80’s, I would always wear at least a shirt and tie.  Now, candidates running for president are routinely seen in “business casual” or even jeans and plaid shirts.  I’m sure there are well-paid consultants advising the candidates how to dress, but it just doesn’t feel right to me.  When a person comes to court, or asks a voter for the privilege of serving in elective office, I believe they should dress to show the seriousness and sobriety of the task.

But, I have quit complaining about the dress of most litigants and attorneys, unless it is just too offensive to overlook.   But just because I tolerate it doesn’t mean I like it or think it’s appropriate.

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Next week:  All Men Are Created Equal

Tools of the Trade

The technology used in the practice of law and running the Courts has certainly changed in the quarter century I have been privileged to serve as a District Court judge.  In 1988, there were no computers in the courthouse – or much of anywhere else, for that matter.

Typewriters and carbon paper were used instead of computer printers and copy machines.  Courier services delivered documents to the Courthouse before fax machines were available.  The list of court cases was handwritten out in a bound book:  You’d look up the case name alphabetically and then find out what the number was so you could go to the files and find it.

Court Administrators would take telephone messages and write them out on pink slips of paper – no voicemail then!  

I traveled a lot as a judge then.  In a typical week, I would go to three different courthouses.  Invariably, when I had a break at a courthouse away from my office, I’d find the file I needed to work on was back in Gaylord.  I’d normally have to wait till I got back to Sibley County to get my telephone messages and open the envelopes to see what came in the mail.

Hearings for people from our county that were subject to a petition for commitment as mentally ill or chemically dependent were pretty routinely held at the Willmar Regional Treatment Center.  The judge, attorneys, court reporter and social workers would routinely drive to Willmar for these hearings.  Often, these cases would take less than a half hour, with about three and a half hours of travel time.

My, how times have changed!

Now, we do hearings by interactive television, saving hours of travel time.  E-mail and voicemail (and voicemail on my e-mail!) keep me in constant contact with the courthouses I serve.  Instead of couriers or even faxes, scanners now allow documents to be sent instantaneously by e-mail.  The Court records are on a computer system and documents have been scanned and are available to us on the network.

All of these technological changes have made judges more efficient and able to handle the larger number of cases we are required to handle these days.  But no matter how much more efficient we become because of technological improvements, our most important work is done in the courtroom, where we deal every day with real people and the most significant issues of their lives.

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Next week:  Dress Code

On-Call Weekends

The Constitutions of the United States and of the State of Minnesota provide that a person who is arrested without a warrant must have his or her case presented to a judge within 48 hours of the arrest.  This is another safeguard to have a judicial officer review the law enforcement officer’s analysis of the case to be sure there was, in fact, probable cause to arrest and hold the defendant.

Most of the time, this is not a problem.  The arrested person is merely brought to court the day after his arrest for the judge to review the probable cause, ensure that there is enough evidence to support the charge, and to set bail and conditions of release.

However, if a Defendant is arrested on a Friday night, for instance, the 48 hours expires before court convenes on Monday.  In these circumstances, a judge must be contacted to review the arrest and approve the continued detention of the suspect.

In the First Judicial District, of which Sibley County is a part, we have developed an on-call system to be sure there is a judge available over the weekend to take calls from officers who need to have an arrest affirmed.  So, about four weekends a year, I carried the cell phone and have taken calls from a few to several dozen law enforcement officers over the course of a long weekend.

In addition to calls from police officers, attorneys for arrested persons will call to attempt to have bail set so their clients may be released from custody prior to Monday morning.  Occasionally, the on-call judge will consider an application for search warrant, as well.

I have reviewed arrests for burglary, theft and many other crimes.  Most often, however, the calls involve driving under the influence or domestic assault.  Normally, these defendants will be held for Court on the next available court date. 

I must say that law enforcement officers are, on the whole, quite careful in ensuring that the arrest is legitimate.  They are often apologetic for interrupting the weekend, but I always tell them that we have the “on-call phone” for a reason.  It is my pleasure, as well as my duty, to assist them. 

Judges are not always thrilled to be tied to a cell phone all weekend, but we all know how very important it is that all citizens’ rights are respected and protected.  It is a real honor to serve as the guardian of the Constitutional rights of all.

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Next week:  Tools of the Trade

The Earth Has Angels All Too Few.

When I walk into the courtroom, I’m usually seeing folks who are having a very bad day.  Many times, it’s the worst day of their lives.

Sometimes, the person having the worst day of their lives is not even in the room.  That person is a child.  When their cases come before me, they are often hurt – emotionally, physically, sexually.  They are neglected, have special needs, have been exposed to controlled substances within and outside the womb.  They have become the pawns in a power struggle between their parents.  They have been hurt – sometimes horrifically – by the very people who gave them life.

These children cannot speak for themselves.  The people who normally would speak for them are fighting over them, or are the people accused of hurting them.

Into these stressed situations step advocates for these children.  Guardians ad Litem (Guardians “for the lawsuit”) are trained to speak for the child and tell the judge what they believe is in the child’s best interest.

For years, we had just a few dedicated women who served as the voice of the voiceless.  These were true volunteers, paying for their mileage and phone expenses out of their own pocket.  Then, we convinced the County Board to reimburse their expenses.  Next, the Judicial District contracted with professionals to give these volunteers training and supervision.

Eventually, these volunteers were compensated minimally for their time.  Now, they, both women and men, have become employees of the state. 

Volunteer or paid, these wonderful people do this important work not for wages or praise.  They, without exception, do it to make a little more bearable for our most vulnerable citizens.

Occasionally, the judges would sponsor a meal to thank the guardians.  I struggled to find a different way to say “Thank You” each time – in a way that would convey the deep appreciation I and all the judges had for the hard, essential service these wonderful folks perform.  Finally, I found an Irish blessing that conveyed my gratitude completely: 

May God grant you many years to live,
For sure he must be knowing.
The earth has angels all too few.
And heaven is overflowing. 

As we walk our different paths in this life, we are blessed to meet individuals who do our Creator’s work on earth.  I am fortunate, indeed, to have met and worked with several folks like these:  Guardians ad Litem. 

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Next week:  On-Call Weekends