Let the games begin.

Chapter 7

The next day the State Commission on Judicial Conduct had sent a three- member council to the makeshift Justice Court in the nearby city of Cottonwood.

Three bare fluorescent bulbs were the only lights in the roughly finished meeting room that turned into a courtroom several times a week. Someone had tacked the American flag to the back wall.

Behind the battered front desk sat the three members of the board.

Off to one side, at one folded table, sat Jamie and Jack. Opposite them on the other side sat Judge Thorn.

The judicial proceeding commenced.

The Chair of the State Commission began by babbling on about the commission's purpose, which was to promote public confidence in the integrity of judges, and to encourage judges to maintain high standards of conduct on the bench, blah- blah- blah, but Jack had stopped listening. All these explanations were a waste of time as far as he was concerned. He just wanted to get on with the proceeding.

He appreciated that Jamie had done a lot of research on Judge Thorn last night. She had compiled a compelling list of inappropriate decisions the judge had made. Jack turned and gave an encouraging nod to her. She nervously smiled back.

The Chairman concluded by reminding everyone present that they were here to investigate judicial misconduct and they are authorized by the state to take appropriate disciplinary actions against a judge. Jack tried not to show his impatience. At last, the Chairman had stopped speaking. Now on to the hearing!

Jamie stood up and presented her side of the case.

"I am state judge Jamie Ross from New York City. I am here today representing Carol Kincaid, a resident of nearby Stockbridge," she began, "Ms. Kincaid had conducted baking classes for the city of Cottonwood, with the promise of payment after three months. Unfortunately, at the end of her employment, payment had not been rendered by the city, thus obligating her to sue the city of Cottonwood. Judge Thorn had ruled that the case be dismissed, despite the defendant, the Mayor, not being present at the meeting. We are here to question the decision Judge Thorn had made regarding this case."

Jamie presented a signed affidavit from the secretary at Cottonwood's county clerk's office stating that Judge Thorn had gone there for a private meeting with the Cottonwood Mayor prior to the case. In addition, the secretary added, afterwards, Judge Thorn had informed her of his decision to throw out the case, even before the court proceedings had begun.

Now it was Judge Thorn's turn. He stood, took off his hat and put it over his heart. He humbly greeted the committee members.

"I am but a simple man, elected to the position of town judge," he meekly stated, "While it is true that I have not had the extensive legal ivy league education as my colleague here," he indicated Jamie with his hat, "I assure you I have tried my best as a judge. And if I may be so bold to add, I have never heard of a rule that barred a judge from contact with someone from one side of a case. At least, I never read about it in my judge's manual."

"Manual?" Jamie Ross objected as she stood and looked at him, "What 'manual' are we referring to, Judge Thorn? We have no knowledge of this so-called 'Judge's manual'! Why, if one even existed, it would have to be the size of New York City!"

"I call it my manual, Judge Ross, although others might refer to them as basic law books," Judge Thorn explained, "Yes, they are worn, yes they are outdated, and yes, they are few, but with our small town budget, we have neither the space nor money for newer and better editions, like they do in the big city. We make do with what we have."

Judge Thorn had a downtrodden look about him. What a fraud! thought Jack. He could also see that Judge Thorn was ignoring any points Jamie was making to the commission. The judge had his own agenda and was making sure the commission heard it. Jamie seemed to realize that, too.

"Judge Thorn is cleverly distracting us from the real issue here," Jamie said, " The real issue of why we are here is to restate the well known premise that unfamiliarity with basic legal principles is not a defense!"

"Look," countered Judge Thorn with his homespun voice, "I am Cottonwood's only judge. I am an accidental judge who had taken the position when no one else wanted it. I did it for the love of this great state of ours. I was doing what I thought was best."

"Your so-called best was not good enough," Jamie responded to the judge, then she faced the committee once again, "Again, we need to focus on the case at hand. Judge Thorn's rulings leaned on the side of inclinations, not on the side of actual case law. In fact, his decisions were not based at all on any precedence of case rulings."

Jamie then convincingly cited several of his case decisions as examples. She had obviously done her homework. It did not seem to bother the judge in the least. In fact he nodded in recognition with some of the cases she had listed.

"My point exactly." Judge Thorn agreed, as he continued in that slow humble tone, "I can only rule within the confines of my limited legal knowledge, therefore I must rely on other factors in my rulings. That would mostly mean using my life's experiences. Upon reflection, I should have based my decisions according to the law. Yes, perhaps. And I am trying very hard; indeed I am. Even as we speak, I have enrolled in a night law class. Yes, my legal training is minimal, but the judicial system did qualify me as a judge, did it not? Correct me if I am wrong, but I believe I am serving as a judge legally, am I not?"

Judge Thorn looked faultless as his rhetorical questions reverberated through the tiny courtroom.

Jack looked over at the reactions from the commission members. They were listening intently to what he had to say, their expressions showing acceptance. In fact, they seemed to be empathizing with the judge. Jamie was definitely winning points on the legal merits, but the judge had points for honesty. This fake façade of his was detestable, yet the members seem to actually be buying into his simple man, simple education, simple town shtick. Thorn might actually get away with his knucklehead rulings and keep his position as a judge. Outrageous!

Jack was at a quandary.

Should he take over the proceedings, which would also require identifying himself as a District Attorney? And not just any District Attorney, but one for the populated city of New York City? Should he speak up to ensure the legal system never again has to deal with this…this clown sitting on the bench?

But conflictingly, there was Carol. This would surely get back to her and he did not want to lose her. For one of the few times in his life, Jack was indecisive.

He balanced the two sides in the mind. He did not want to risk allowing his true identity to get back to Carol Kincaid. Yet, Jack abhorred the thought that this imbecile, disguised as a judge, could get away with it.

Over his dead body! The true integrity of judges everywhere must prevail, he internally decided.

Jack decisively stood up.

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