Episode 17 "As in Judge Small? . . . You sentenced my son!"

In Episode 17, Judge Small shares a story about the inherent risks involved when judges go out into their communities. In True Justice, Arnie meets Stocker for the first time and Arnie seeks advice from his dad.

Transcript

SPEAKER_00 0:04

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

SPEAKER_01 0:22

Judge, today you will explain to our listeners why some judges prefer to isolate themselves. And then we will continue the story of true justice. Well, in our last episode, you shared with us how getting out in the community helped restore some of the humanity you lost each day in court. You told us about your experience as your first Eagle Scout ceremony, and how seeing the friends and family supporting the scouts helped restore some of your humanity. Those types of experiences helped you from becoming jaded. But now you said that you had to force yourself to do it? Why did you say that? Didn't you enjoy socializing with others?

SPEAKER_00 0:58

I did, Maddie. But it was different after I became a judge. For one thing, I had to be careful that I wasn't socializing with people who had cases in my court. Judges must avoid even the appearance of impropriety. That's why I could no longer socialize with attorneys.

SPEAKER_01 1:15

But you said you continued to socialize to restore your humanity. What did you mean you had to force yourself to do so?

SPEAKER_00 1:22

Oh, the best way to answer your question is to share with you and our listeners a true story about what happened one day at one of our local golf courses. As I said, I believe it's important for all judges to avoid becoming jaded by involving themselves in their communities. For me, I chose golf as one way to do so. So I joined an evening men's league at one of our local golf courses. Each Wednesday evening, a group of golfers played nine holes after work. We played various competitions, and the organizers would put together the foursoms. Not being familiar with most of them, I would simply introduce myself as Chip, no last name and certainly not Judge Chip. One evening our group was walking toward the tea box on the third hole, each of us carrying our drivers, when the golfer I was sharing a cart with said Chip. As in Chip Small? As in Judge Small? Looking back at him, I said yeah. You sentenced my son, he said in a loud voice. Now I'm looking at him wondering if I could outrun him. Then he said, You could have sentenced him as a first time offender to zero or ninety days in jail, but you sent him to prison because of his extensive juvenile record. Now the other two golfers are moving back toward their golf cart as they waited to see what would happen next. I stopped where I was and decided since he had a driver that I would try to outrun him if he came at me. Then he said he bounced around the prison system and finally ended up in a medium security prison and became an assistant to the prison chaplain. He went on and said he got out about nine months ago, and three months later he met a Christian woman who he has been with ever since. Turned out it was the best thing that ever happened to him. Smiling and breathing a sigh of relief along with the other two golfers, I said, So I guess we can keep playing golf then. In other words, Manny, there are some risks for judges that go out and socialize, especially in a small town.

SPEAKER_01 3:31

Yeah, and we have a pretty small town. I um find issue with that myself being in advertising and running into some of, for example, I'll give a fun little story. I recently was having an issue in one of the parking lots, and I told the gun mate that he was a stupid um MFer. Then the next day one of my clients asked me, what do you drive, Madeline? And then I let him know. And then he asked me, Were you at Garleny's last night? Yes, I was. I mean, that's completely different than what you're getting. And I I think with yours, it's a lot more unsafe, right? Because some people do go after judges. I mean, that's you guys are one of the few who don't have to put their stuff on public record as well as sheriffs.

SPEAKER_00 4:20

I think it's time for recess, don't you?

SPEAKER_01 4:22

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SPEAKER_00 4:51

Let's continue reading my novel True Justice. Chapter 15. More than a week has passed since Officer Hernandez was killed. Valeria Hernandez is sitting in the office of Franklin County prosecuting attorney James Blackman. She is insisting on his remains being released for burial in his family's home state in Mituacan, Mexico. Blackman knows his fellow deputy sheriffs want the same thing. He also knows the autopsy has long been completed. The cause of death is obvious and supported by the coroner's findings. Ample photographs were taken by the investigative task force at the scene and of the body. He hesitates only because technically the body is evidence of the crime, but he knows he doesn't need it to prove his case against Azul. He also knows the community wants the deputy to be honored as soon as possible. The sheriff's deputies have been wearing traditional mourning bands, usually a narrow black ribbon or even electrical tape across their badges, which won't be removed until Officer Hernandez is buried. All right, Miss Hernandez, I'll let the coroner know he can release Homer's body to your care for transport to Mexico.

SPEAKER_01 6:12

Thank you, Mr. Blackman. It is my understanding that several of your deputies will accompany him and attend the burial service. They will be pleased to hear the good news too.

SPEAKER_00 6:22

That evening, the Eagleton Daily Herald reports that it will send a reporter and photographer to cover the event. Across the street from Blackman's office, Arnie waits in the hearing room for the Family Law Court Commissioner to call his case. He told Miss Campbell that there was no need for her to attend the hearing. She was relieved and grateful. Although Arnie has never met Carl Stocker before, Arnie is certain the man seated in the back row is him. In his forties, he has sandy colored, short cropped hair, is wearing a collared camo shirt and cocky slacks. His face is clean shaven with several pock marks. He has a fierce look, but it's his obsidian eyes that give even Arnie chills.

SPEAKER_01 7:09

We'll take up the matter of the Stalker Post dissolution, the court commissioner announces.

SPEAKER_00 7:16

Standing abruptly, Arnie steps forward. Arnold Adams here on behalf of Beverly Campbell. Carl Stalker stands and slowly moves like a praying panther toward the adjacent table. His eyes stare at the commissioner, then glower at Arnie. Having previously reviewed the court file, and particularly Arnie's motion and affidavit, the commissioner notes that Stoker has not filed anything in response to the contempt motion.

SPEAKER_01 7:45

Mr. Stalker?

SPEAKER_00 7:46

She inquires. Yeah.

SPEAKER_01 7:49

The court has not received anything from you in response to Mr. Adams' motion. Is there anything you want to file now?

SPEAKER_00 7:56

No.

SPEAKER_01 7:57

Do you have any objection to the motion to find you in contempt of court?

SPEAKER_00 8:01

Yeah, I have contempt for the court. He looks again at Arnie. Where's my wife? Nonplussed by his appearance and ignoring his first remark, the commissioner firmly advises Mr.

SPEAKER_01 8:14

Stalker, you may not speak directly to counsel. You may only address the court. In answer to your question, Miss Campbell is not required to be here.

SPEAKER_00 8:24

Stalker angrily shuffles his feet, then glares at the judge.

SPEAKER_01 8:28

Mr. Stalker, unless you have something to file in response to the motion or want to argue against the motion, the court will have to grant it.

SPEAKER_00 8:36

It ain't right. Those girls have everything they need. They shouldn't have to go to no counselor.

SPEAKER_01 8:42

The trial court judge ruled differently. So that's the law of this case, and so is the parenting plan. Why haven't you taken the girls to Miss Campbell for visitation?

SPEAKER_00 8:51

Because she's the one who should go to counseling. That's why the judge gave me my girls to raise. Your Honor, as you can see from the file, the abuse suffered by Miss Campbell as a result of his actions did cause the trial court to order her to have treatment. She got the treatment, and she is doing fine now. That was over a year ago. She is entitled to see the girls as scheduled, not just when Mr. Stalker feels like it. Looking down directly at Stalker, the commissioner asks Anything else? No, just that it ain't right.

SPEAKER_01 9:24

The court then has no choice but to find Mr. Stalker in contempt. Counsel, you may be heard regarding sanctions.

SPEAKER_00 9:32

Yes, Your Honor. Normally I would ask for attorney's fees, but since I represent Ms. Campbell pro bono, I will not do so. However, I believe she is entitled to makeup visits and that Mr. Stalker should be sentenced to jail, to be suspended, on condition that he follows the parenting plan, gets the girls into counseling immediately, and provides the makeup visits as ordered by the court. May I approach?

SPEAKER_01 9:58

You may.

SPEAKER_00 9:59

Arnie hands up a proposed order on contempt with the sanctions area left blank for the court to fill in.

SPEAKER_01 10:05

Mr. Stalker, your actions, or should I say your inactions, are an affront to this court, but, more importantly, contrary to the best interests of your daughters. The parenting plan in effect is one that the trial court ordered for the well-being of your daughters. You must follow the court's orders to the letter. The court is signing this order, directing you to see that the girls attend counseling without exception and providing Miss Campbell with two additional weekend visits beginning this weekend. The court is also imposing a fine in the amount of $1,000, but that fine is suspended on the condition you comply with this order.

SPEAKER_00 10:41

The commissioner signs the order, hands it to the clerk for filing, and directs counsel and Mr. Stalker not to leave without obtaining a copy of the order.

SPEAKER_01 10:50

Court is adjourned.

SPEAKER_00 10:52

They approach the clerk, and while she makes copies of the order, Stalker looks at Arnie and snarls This isn't over. Back in his office, Arnie telephones Beverly. Miss Campbell?

SPEAKER_01 11:07

Yes.

SPEAKER_00 11:08

She answers nervously. This is Arnie Adams.

SPEAKER_01 11:12

Did Carl show up?

SPEAKER_00 11:13

Yes, ma'am. He showed up.

SPEAKER_01 11:15

What did he say?

SPEAKER_00 11:16

Frankly, not much. As I told you earlier, he didn't file anything contesting our motion. In fact, basically, he simply told the judge that he didn't like the order. He never denied that he wasn't following it.

SPEAKER_01 11:30

So what happened?

SPEAKER_00 11:32

The judge granted our motion and found him in contempt of court. She gave you two additional weekend visits and ordered Carl to get the girls into counseling immediately. Your first extra visit is this weekend, Arnie states triumphantly.

SPEAKER_01 11:50

He's going to be mad. I don't think he'll bring the girls to see me, she states forlornly.

SPEAKER_00 11:56

If he doesn't, then the judge will make him pay a $1,000 fine.

SPEAKER_01 12:01

Oh my she gasps. He's going to be so angry.

SPEAKER_00 12:05

Don't worry, Miss Campbell. He'll follow the order, and if he doesn't, then you call me right away.

SPEAKER_01 12:12

Are you sure?

SPEAKER_00 12:13

Absolutely.

SPEAKER_01 12:14

Okay. Thank you, Mr. Adams.

SPEAKER_00 12:16

You're welcome. Let me know what happens.

SPEAKER_01 12:19

I will. Thanks again.

SPEAKER_00 12:20

They both hang up. Maria, we need to talk, Arnie calls out to his office manager. Stepping into his office.

SPEAKER_01 12:30

Sounds like things went well today.

SPEAKER_00 12:32

She states. They did, but that's not what I want to talk to you about. Please close the door.

SPEAKER_01 12:38

What's up, boss?

SPEAKER_00 12:40

I saw Stephanie the other night.

unknown 12:42

Oh?

SPEAKER_00 12:43

Maria raises her eyebrows. You're not going to believe what we talked about.

SPEAKER_01 12:48

I'm waiting.

SPEAKER_00 12:49

She wants me to be her co-counsel in the cop killing case. Maria immediately sits down. Officer Hernandez was a vital part of her community. Everyone feels the loss and wants his killer made accountable. On the other hand, she is friends with Jose and Maria Azul. She knows that they are good people and move from LA to provide their family with a safe place to live.

SPEAKER_01 13:16

What did you tell her?

SPEAKER_00 13:18

She asked anxiously. Well, I didn't tell her no exactly, but I also didn't tell her yes.

unknown 13:25

Huh?

SPEAKER_00 13:26

I told her I needed time to think about it, and that I would have to meet with him before I would even think about agreeing to represent him. I also wanted to talk to you and my dad before deciding. What do you think, Maria?

SPEAKER_01 13:40

I don't know. Most people would say that you're crazy, but others might think you are courageous.

SPEAKER_00 13:45

I think I should do what I think is right, and not worry about what other people think. Isn't that what I have always done?

SPEAKER_01 13:53

See. But how would you know what is right?

SPEAKER_00 13:56

I'll know after I meet him. As Arnie drives home that night, he presses the button on his steering wheel and says, Call Dad at home. The car responds in a computerized woman's voice.

SPEAKER_01 14:09

Calling Dad at home.

SPEAKER_00 14:11

The phone begins to ring. Hello? Hey Dad. Mind if I drop by tonight? Arnie asks his father. Sure. What's up? I want to talk to you about something. I'll have scotch and some cigars waiting for you, his dad happily responds. Or would you rather have port? Singlemalt is just fine with me. I'll see you soon. Arnie's father has been practicing law in Eagleton for almost forty years. Never a trial lawyer, he is known as an excellent business attorney with impeccable ethics. His clients respect his legal acumen, but rely more on his common sense wisdom in making their business decisions. Before law school, Theodore Adams obtained a bachelor's degree in business administration. It was in a college where he met his wife Barbara. They will soon be celebrating their fiftieth wedding anniversary. After graduating Magnicum Laude, he looked into obtaining an MBA, but quickly realized he would rather be his own boss. So with the help and support of his newly wed wife, he attended law school. He was the first person in his family to become a lawyer. While Theodore was delighted Arnie chose to follow in his footsteps, Ted was somewhat disappointed Arnie decided to become a trial lawyer, but Ted always encouraged his son to follow his own path. Even though they never practice together, they have remained close. Arnie never hesitates to seek out his advice. After greeting and hugging his mom, Arnie and his dad step out onto the patio. Each has a glass of their favorite beverage and a couple of cohibas that Ted received as a gift from one of his clients. Settling in a pair of cushioned wicker chairs with their smokes, Ted asks How can I help you this time, son? Going right to the heart of what is most troubling him, Arnie asks How did you know Mom was the one? I mean, I've heard you tell the story of how you met at a kegger, how the next day you took her to a basketball game, then the next day you went to church together, and you knew that you were going to marry her right after dropping her off at her dorm after church. You were pre engaged to someone else at the time. So how did you know? I wondered if we were ever going to get around to this, Ted says. It's Catherine O'Shaughnessy you're having thoughts about, isn't it? Not just her, but Stephanie Sampson too. Who? She's the public defender I've been dating the last several months. I thought you were dating Catherine. I am, and that's the problem. That certainly is a problem. Do they know about one another? I think Kate suspects something is going on with me and Steph, but I doubt Steph knows anything about me and Kate. It's not like I'm dating either of them exclusively. Oh that's certainly obvious. What I mean is I haven't asked either of them to commit to going steady, if that's what it's called. For all I know, they may be dating other men. Although Catherine seems to be trying to take our relationship to the next level. Is that what you want? I don't know. I'm going to need a refill. How about you? Ted asks. Not surprisingly, Barbara Adams steps through the sliding glass door entrance with a bottle of single malt in her hand, and knowing smile on her face. Thanks, honey, Ted says. She steps back inside, leaving the door slightly open. Arnie takes a deep draw from his cigar and slowly exhales a stream of blue gray smoke. The thing is, Catherine is certainly attractive enough, and she has a habit of pointing out our similarities. But I'm not so sure we have the same values. Steph, on the other hand, is adorable in her own way. We seem to share the same values. But it's hard to tell. She's been somewhat guarded about her personal life. I googled her and it's clear she was an excellent criminal defense attorney on the west side. But I don't understand why she left and came here. Have you asked her? Not directly, no. What which brings me to my other problem which is you heard about the deputy sheriff that was murdered recently? Of course. It's all over the news. Well Stephanie has been appointed to represent the defendant. That will be quite a challenge for her. But why is that a problem for you? Taking a long sip of the velvety gold elixir, Arnie looks at his dad in the eye and states she's asked me to be her co counsel. Barbara audibly gasps inside the door. Arnie and his dad turn and both of them start laughing. Red in the face, Barbara quickly retreats into the kitchen. What did you tell her? I told her that I wouldn't consider it without meeting him first. She intimated that he may be innocent. Have you considered what representing him may do to your practice? This is a small town, you know. Of course, Dad. But that didn't stop Atticus. Atticus is a fictional character, son. But you and Mom always taught me to do what is right. Is that what you think you'd be doing? Or is it your way of getting to know Stephanie better? Arnie thinks Dad always gets to the nub of the matter, and he sure did this time. Then he looks at his dad and says Can't it be both? Listeners, you've now heard what happened when Arnie first met Carl Stoker in court, and how Arnie isn't reluctant to seek advice from his father. Will Stocker follow the judge's order? Will Arnie take on Arturo Azul's defense? In our next episode, you'll hear about my first encounter with domestic violence and murder. Thanks for listening today. We hope you enjoyed this episode of the Smoke and Gavel Podcast. To learn more, visit judgesmallbooks.com. Don't forget to like, subscribe, and share to stay connected. Also, don't hesitate to send us questions. Until next time, God bless.