Episode 9 "Lawyer Dates Two Women"

In Episode 9, the listener learns that attorney Arnie Adams doesn't limit himself to just one woman as the story of True Justice continues. Judge Small also explains why judges are more like college presidents than attorneys.

Transcript

SPEAKER_01 0:03

The Smoke and Gavel Podcast is now in session. I'm retired Judge Chip Small, who will preside over this podcast along with my bailiff Madeline Rose. We welcome you and ask you to join us as we take a look at our justice system from a unique, candid, and inside view. Maddie, what's on the docket today?

SPEAKER_00 0:21

Your Honor. Today we'll explain why your book, Teaching New Judges, How to Be a Judge, is called You're Not a Lawyer Anymore. And we'll continue to read True Justice.

SPEAKER_01 0:32

Okay, listeners. Again, I want to stress to you that my comments are my own opinions about the difference between being a judge and being a lawyer. One of the reasons I tell our listeners that our podcast is unique is because my own experiences are unique. And it's my life experiences that cause me to title my book, You're Not a Lawyer Anymore, to emphasize the difference between judges and attorneys' jobs. And it starts with when I was an attorney. I used to represent a number of small school districts in our area. And that meant a lot of one-on-one with the superintendent of that particular school district. And they don't have a lot of money to pay for lawyers, especially lawyers that charge a lot. So I didn't talk a lot with my superintendents about the law unless they got into a really big uh issue. But what they did have on their credenza was what was called the common school manual. Now it's probably on the internet or whatever, but it was a bound book, eight and a half by eleven, that contained all the uh revised code of Washington statutes pertaining to school districts, all of the Washington Administrative Code regulations that pertain to school districts, and other legal precedents.

SPEAKER_00 1:52

Like a map for school districts and lawyers, basically.

SPEAKER_01 1:56

Well, mostly for superintendents. I mean lawyers that represent school districts already have access to that same stuff in their library. Okay. So this is a handy-dandy, pull it off the shelf. If an issue comes up, the superintendent, without checking with their attorney, would simply look up the law on their own and make a decision. Okay. And that worked really well. Unless they made the wrong decision, then they'd call me. But in any event, uh that's how superintendents deal with problems in the school. They just like people in court, uh, there's an issue, you have to know what the law is, and then that'll help you solve the problem. And that's what superintendents did. Then later I was a member of the Board of Trustees of our local community college. And eventually I served as president of the board or chairman of our board, so I spent a lot of time with the college president. And we would basically meet every week, and I discovered that his job was remarkably similar to the school superintendent's jobs that I was representing. So why am I saying a judge's job is like a school superintendent or a college president? Well, a college president has to deal with the students. The trial judge has to deal with all the litigants. The trial court judge also has to deal with the attorneys, just like the college president has to deal with faculty. And the president of the college must persuade the college board of trustees to approve its budget. And a judge also has to go before the county commissioners to have the court's budget approved. And both positions use the law to assist them in making decisions. And instead of a common school manual, judges basically get briefs from the attorneys involved on a dispute, and then they make a decision. So none of that is like that of being a lawyer. A lawyer is an advocate, trying to push his client's position, trying to mold the facts so it helps the client as much as possible. Where a judge's job is almost, well, it is the opposite. We're remaining neutral, we're trying to make our decisions objectively, and we're trying to see through the attempts at molding the facts and just focus in on what facts were actually proven. And so that's why my philosophy as a judge, I named the book, You're not a lawyer anymore, to get judges to understand they're not a lawyer anymore. They should not be advocates for any particular position, and they should look at things objectively and rely on the lawyers for the most part to look up the law. I say for the most part because as I have to tell the lawyer sometimes when I find uh a precedent that they missed in their briefs, is they're not the ones that get reversed on appeal, the judges. So we ultimately decide what law applies, but we get a lot of help uh from the attorneys uh representing the parties in front of us. Trevor Burrus, Jr.

SPEAKER_00 5:02

Well, and it's kind of their job to bring the facts to you, and then you can look at the different facts and then the facts that you have that are more neutral. So you're basically the middleman to everything. You can't have your politics. I I would even argue religion. I mean, what do you think about that?

SPEAKER_01 5:18

I've seen really good closing arguments in front of a jury that reference uh religion. Uh some of them in their briefs to judges overdo it. Uh it just kind of depends on how they apply it. Uh, because ultimately that's where the law started.

SPEAKER_00 5:35

Aaron Ross Powell Right, right.

SPEAKER_01 5:37

But we'll talk more, I think, in our next podcast, about how important what facts are not proven is.

SPEAKER_00 5:44

Okay. Mm-hmm. Little teaser. Well, we've got a sponsor break here. The Smoking Gabble Podcast is sponsored by Judge Small Books and Gatekeeper Press, a full service publishing company empowering authors with complete creative control, professional guidance, and 100% royalties. Whether you're publishing your first book or your tenth, their team makes the process simple, transparent, and truly author friendly. Listeners of the show can receive ten percent off any publishing package with Gatekeeper Press. Just mention code ChipSMAL when requesting a quote or during your free consultation at GatekeeperPress.com. All right, Judge, it's time for us to continue reading True Justice.

SPEAKER_01 6:25

Chapter 6. Arnie Adams hops into his green metallic BMW M8 convertible, the car of his dreams. The V8 turbocharged machine accelerates smoothly and hugs the curves on the way down the valley toward Kate's place. Arnie is looking forward to tonight's date with Kate. Jake's Steakhouse is one of Arnie's favorite restaurants, and Kate's too. Imagine I used to refer to her as Babs for badass bitch, like all the other plaintiff's attorneys. My have things changed.

SPEAKER_00 7:01

Namaste.

SPEAKER_01 7:02

Kate says to herself as she finishes her yoga workout. Her body is one of the tools she uses to achieve her goals, power and money. She works out daily and every other day does yoga. At five foot seven and weighing only 125 pounds, she is as fit and flexible as she has ever been. After showering, she begins to get dressed for her date with Arnie.

SPEAKER_00 7:28

We still haven't been intimate. I'm not sure why, but tonight things will be different.

SPEAKER_01 7:33

She decides. She chooses a royal purple Dolce and Cabana short sleeved mini dress and brocade to cover her for Love and Lemons butterfly lace bra and matching lace thong panties. She steps in front of the full-length mirror in her closet. Her long red hair draped over her shoulders is highlighted by the violet dress.

SPEAKER_00 7:56

That's the ticket.

SPEAKER_01 7:57

She declares. She chides herself. Hearing the muffled roar of the engine as Arnie pulls into her driveway, Kate glances in the mirror by the front door before opening it.

SPEAKER_00 8:59

Hi, handsome.

SPEAKER_01 9:00

She purrs. His lights light up at the exceptionally attractive woman at the door. She looks stunning. Arnie steps toward her and gives her a warm embrace while he gently kisses her on the cheek. Driving with a top down, the wind sweeps her auburn hair behind her. Arnie can barely keep his eyes on the road. He stammers How did Court go yesterday?

SPEAKER_00 9:27

Excellent. Judge Garfield granted my motion for summary judgments.

SPEAKER_01 9:31

She exclaims. Then tonight's dinner will be a great way to celebrate your victory. For once Kate is more interested in being victorious with Arnie than in any of her court cases.

SPEAKER_00 9:45

Thank you.

SPEAKER_01 9:45

She demurs. During dinner, Kate asks.

SPEAKER_00 9:56

Of course you are, honey. After all the money you have earned, you're certainly the king of torts in these parts.

SPEAKER_01 10:02

She chides him playfully. Is money really the goal? He asks almost absentmindedly.

SPEAKER_00 10:09

What else matters?

SPEAKER_01 10:10

Kate asks, surprised. Gently setting his knife and fork down, Arnie looks into her jade colored eyes and quietly replies People.

SPEAKER_00 10:21

You're helping people now in your plaintiff's practice, aren't you?

SPEAKER_01 10:25

I am. But is that enough? Catherine has no answer to that. She dreams she and Arnie will become Eagleton's power couple. They're rich and will undoubtedly become richer, and with money comes power. After they finish dinner, Arnie asks for the dessert menu, but Kate advises him that she already has a special dessert waiting for them in her house. Arnie looks at her quizzically. Oh, what might that be?

SPEAKER_00 10:54

If I told you, then it would spoil the surprise.

SPEAKER_01 10:57

Kate says seductively. Chapter seven. The following day. The next morning, Arnie feels somewhat guilty getting ready to have lunch with Stephanie. But hey, I haven't committed to dating either one of them exclusively. Besides, Steph is special too. Hey lady, Arnie greets Stephanie at Bakeman's cafe close to the courthouse. How goes the war?

SPEAKER_00 11:23

Same old, same old. Thankfully no new murder case anyway. Knock on wood.

SPEAKER_01 11:28

She smiles warmly. She is radiant as always, and stands beside Arnie in line and pecks him on the cheek.

SPEAKER_00 11:36

How's the rich guy doing? Settle any big cases today?

SPEAKER_01 11:40

Not yet, but the day is only half over. He smiles wryly. What would you like today? The usual?

SPEAKER_00 11:48

Sure.

SPEAKER_01 11:49

Arnie orders a BLT for himself, and for Steph a ham sandwich on whole wheat, no cheese with fresh tomato and Dijon mustard. Then he orders chocolate shakes for both of them. Sitting in their usual booth toward the back, they appear as though they've known each other for years. In reality, they have only been dating a few months. Arnie's conversation with Kate the night before is still on his mind. After their sandwiches arrive out of the blue, Arnie asks, Why did you decide to be a public defender? I mean, I used to do misdemeanor work and DUIs, but it was only to cover my overhead.

SPEAKER_00 12:28

Well it certainly isn't because of the money.

SPEAKER_01 12:30

Steph laughs.

SPEAKER_00 12:31

Why do you ask?

SPEAKER_01 12:33

Honestly, I'm not convinced I should continue doing plaintiff's work. Steph almost chokes on her shake.

SPEAKER_00 12:39

Shut up. Look at you. Big shot plaint's guy, raking in the money.

SPEAKER_01 12:44

But but that's not why I became a lawyer, Steph. I started out doing insurance defense work, which wasn't particularly satisfying. I want to help people. Now I'm doing personal injury work. It allows me to help the injured people I represent, but somehow I want to do more. Stephanie gazes at him. How can you represent criminals? Aren't they all guilty? I know mine were, Arnie asks.

SPEAKER_00 13:08

It's not so much about them as it is the public.

SPEAKER_01 13:12

What do you mean?

SPEAKER_00 13:13

The way I look at it, my job is to make sure the state can prove my clients are guilty beyond a reasonable doubt. Sure, most of them are guilty. In fact, most of them confess. But to protect the public, I must make sure the state can prove their guilt by legally admissible evidence beyond a reasonable doubt. When I'm convinced of that, then my job is to get them the best sentence possible after they plead guilty. Unless we have someone like me to make the state prove their cases, then the public's freedom is at risk of being taken away.

SPEAKER_01 13:39

I hadn't really thought of it that way. Do you remember Sunshine and Jason? Arnie asks.

SPEAKER_00 13:45

How could I forget that Jason was a real piece of work? He didn't deserve the plea deal I got him.

SPEAKER_01 13:51

She takes a vigorous bite of her sandwich. After a pause, Arnie asks quietly, What would you think if I tried practicing family law? After the tumultuous divorce and custody battles Stephanie went through with her ex, she slowly states.

SPEAKER_00 14:15

Do you really think that's a good fit for you?

SPEAKER_01 14:17

Frankly, I'm not sure. So I was thinking about exploring family law by volunteering at New Dawn, Arnie states.

SPEAKER_00 14:25

That's one way to find out if you like it, she says hesitantly.

SPEAKER_01 14:31

Today, listeners, we get to know Kate and we meet the other woman Arnie is dating, Stephanie. As my wife chided me, you write about what you know about, since I dated her at the same time I dated my high school sweetheart for an entire summer. Boy, that was expensive.

SPEAKER_00 14:47

I'll bet dating two women is pretty hard, Chip, and expensive. What will we be sharing in our next episode, Judge?

SPEAKER_01 14:55

Well, I think it's time we explained why our podcast is called The Smoken Gabble, and we continue the story of true justice. Thanks for listening today. We hope you enjoyed this episode of the Smoke and Gabble Podcast. To learn more, visit Judgesmallbooks.com. Don't forget to like, subscribe, and share to stay connected. Be sure and go to Judgesmallbooks.com, my website, if you have any subjects or questions that you'd like us to answer in our upcoming podcasts. We want to be responsive to what interests you the most about our justice system. Until next time, God bless.