Stories about judges | 60 Minutes Full Episodes
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If you want to get a fix on what's gone wrong with the American family and the American city, spend some time in New York's family court. There you'll see the battered child, the crack mother, the 10-year-old mugger, the burned-out social worker, the nitpicking lawyer, all sloshing through the well-meaning swamp called the child welfare system. Presiding is Judge Judith Sheindlin, a 5'2" package of attitude. She is shrill and testy.
Unless he's in a hospital, he's to be in school. Clear, sir. This is not a legal game. Counselor, this witness may not have a terrific memory, but I've got a very good memory, sir.
Good. Well, what do you want me to give him a testimonial dinner? Thank you very much. Step out.
Pity the young lawyer who questions her judgment.
Well, are you suggesting, Miss Gutierrez, that if I placed him on probation, he would never go visit his mother? Are you suggesting that? So let's be real.
To those who confront her, she is the evil queen in a lace collar.
If that's too hard for you, sir, I guarantee you I will put you someplace where you're going to be in bed at 9:00 and at school every day. That's where the rest of your friends are.
She deals with legal procedures with a scalpel.
So your objections noted. It's overruled. Have a seat. No. No. Listen to me. This is not a tea party. You make an objection, I rule.
The players are the judge, lawyers, case workers, addicted parents, and castaway children.
You make a fool of me again, sir, by not doing what you're supposed to do, and I guarantee you it'll be a very sorry day. We understand each other.
Yes.
The respondent is paroled to his father in conjunction with the dome.
Unlike criminal court, there is no jury. Those present work out a solution in the best interest of the child. It is never easy.
This baby was born drug addicted and if you keep using drugs, the other baby is going to be born drug addicted. And I'm telling you right now, you're not going to take this baby home from the hospital because the commission is not going to let you.
When she feels the best interest of the child is to scare the living daylights out of him, she does not shy away.
Now for you, Joey, I want you to stand up because I have a few things to say to you. I am dismissing this case, sir, because the law says that I must. That doesn't mean you're innocent, sir. That doesn't mean that you weren't involved in both of these robberies that night. That just means that they weren't able to prove it. We understand each other, sir?
Yes.
That 13-year-old boy was sitting right here and she was trying to scare the hell out of him. She scared him verbally and by enforcing rules: he was arraigned before another judge, told to go to all-day school program, didn't go, so went to detention.
If we're going to make orders, we have to be prepared to enforce them. Otherwise, everybody laughs at us and thinks that we're full of baloney.
She hates baloney but likes lectures. When a case worker drags his feet, there is threat of nuclear response.
Sir, you don't want me to have palpitations, do you? I'm very bad when I get palpitations. You have to see to it that this visitation takes place. It's very important that this child get to see his mother and his grandmother. The longer he spends not seeing his family, the more difficult it's going to be. Is that a fair statement, sir?
Yes.
Well, then let's just do it.
The goal is to get them to do the right thing. Nobody who comes into her courtroom afraid if they do the routine thing of rhetoric. They either want off the case or do their job better. They rarely mouth off at her.
Robert Little, commissioner of the Child Welfare Administration, says she is cordial but talks about improvements.
Why must the case worker have three supervisors?
Initial supervisor, backup unit supervisor, case protective manager supervising units, plus child welfare attorney: four. City subcontracts to private agency with case worker, supervisor, supervisor, lawyer: nine people for one child. More than half payments for family foster care in New York City go to kinship foster care, enlisting relatives like grandmothers for abused or neglected children.
Judge Sheindlin says it's a way to rip off the city. Example: foster mother grandmother had six grandchildren, children removed due to abysmal conditions, receiving $3,000 a month from city, spent on house in Puerto Rico.
Kinship foster care money is tax-free, unmonitored. Cases where both parents work for child welfare administration, children in kinship foster care used as babysitting service.
Her horror stories lead to accusations of insensitivity. City case workers wouldn't talk; commissioner says entourage of three or four supervisors and lawyer not familiar with case, she beats up on them.
New York City lawyers feel the same after sessions in her courtroom.
Mr. Wil, because I run my courtroom, right?
I know you run your courtroom.
That's correct, sir. The tail doesn't wag the dog. So all I'm asking you is you want me to order new reports or whether we will use the old reports.
I just want to state my position on it.
That's denied.
My position is that I believe...
That is Mr. Wilings we're going into with my client.
You want new reports?
You want new reports, sir?
I believe that those are on this report.
God reports and I just tell me what you want. Old reports or new reports and I'll give you whatever you want.
Well, I believe that new reports should be ordered...
Ordered because I believe that there are many statements that were...
Good.
Justice must not only be done and seen to be done, it must be seen to be done fast.
Could you please move on, Miss Allen? I have about 20 other cases to do today. Council objections. Forget it.
Your honor, I would object. I believe this is beyond the scope of direct and I would miss Allen adopt this witness as her own if she's going to ask these types of questions.
Okay. Let me tell you this so that you don't make that objection again. Since you have an objection on the two grounds that I made, sit down and don't interrupt this proceeding again.
Sit down.
I was down. You have a standing objection. And if you want to state any other bases for your objection, I will direct that the reporter be here at 5:00 because I have 30 other cases to do and you can come in and put any ground that you want on the record.
Yes, good.
Miss Levy had only one more thing to say. Just read her list. She worries outspokenness means no reappointment.
I mean, come on. We understand what's happening here. This hand doesn't know what this hand is doing.
Judge, all we're saying...
All I want you to say, Mr. Hill, is that I'll take care of it this week.
You can put families back together, find right place for kid in trouble, make difference in family life. If not willing to break a sweat, go to surrogates court. Everybody's dead over there.
For 20 years, Judge Sheindlin has worked family court, first Bronx, now Manhattan. Fastest judge in system, nearly 300 cases a month. Uses treadmill in gym.
Did you terrorize your own kids the way you terrorize other people's kids in court?
They ignore me. They knew at a very early age how to impose young Jewish guilt on their working mother. So although I tried to be intimidating, I don't think I was very successful.
Two husbands, raised five children, three in law. Son Adam, prosecutor on Long Island: mother had unique code of justice at home, Court of Appeals, no further appeals. Judy's law.
Festive family dinners ordered in: 212 dial food.
Evil queen as fairy grandmother.
What keeps her going: few cases, maybe 10 a year out of 1,000, where she makes real positive difference. Tries to get best out of people, best solution out of terrible situation, best band-aid.
10 years from now: worse, a lot worse.
Half the time someone unhappy with ruling, recourse is appeal. In caustic atmosphere, disgruntled party threatens judge. Threats to federal judges jumped 400% to more than 4,000 last year, many death threats, sometimes violence. Judges publicly calling for more protection.
Federal Judge Esther Salas. Last July, home in New Jersey, basement with son Daniel cleaning after 20th birthday party. Man disguised as FedEx driver pulled up.
Danny turned around and he said, "Let's keep talking. I love talking to you, Mom." And it was at that exact moment that the doorbell rang. And before I could stop him, it just shot up the stairs. The next thing I hear is boom. It just sounded like a mini bomb. And then I hear no. And then I hear boom boom boom. And um I just screamed, "What is happening?" When I got upstairs, it was something no mother should ever see.
Daniel lying bleeding by door. Husband Mark on knees holding side. Daniel barely clinging to life, died on way to hospital. Mark shot three times: right chest, left abdomen, arm.
Close-knit family, three musketeers. Daniel, college sophomore, center of universe. Appeared he tried to block gunman.
Realized attack meant for her during FBI debriefings: she was target.
Shooter Roy Den Hollander, 72-year-old lawyer, hatred for women, bitter manifesto accusing Judge Salas of being "lazy Latina" dragging feet on his lawsuit. Shot himself next day. Killed another lawyer week before, then hunted Judge Salas.
Knew where she lived, routes to work, church, Daniel's school, baseball games. All from open legal sources.
Met outside home 6 months after: husband needed surgery, house sold, 20 years memories, one excruciating. Living every parent's worst nightmare, burying only child Daniel.
Last August, unusual for federal judge, personal plea on YouTube to lawmakers: make it hard for those who target us to track us down.
Mission urgent: FBI found second locker in New Jersey with another gun Glock, ammunition, Manila folder work-up on Justice Sonia Sotomayor: favorite restaurants, workout, friends. Chilling, on his sites.
Judges at risk, put in great danger for jobs. First Hispanic woman district court judge in 2011, never dreamed family in harm's way.
Last judicial security upgrade 15 years ago after Chicago Judge Joan Lefkow found husband and mother shot dead by disgruntled plaintiff.
New legislation for Senate: over $250 million for home security, 1,000 more deputy marshals, erase personal data online like home address, driver's license, property tax records.
You're right. I did choose to become a public servant. And if anyone has a problem with what I've ruled in a particular case, they can appeal. If anyone is upset, the courthouse address is known to everyone. Come to the courthouse, but why do you need to come to my house?
US marshals provide round-the-clock security. Judges increasingly threatened online. Last year, 4,200 threats against federal judges.
Examples:
Must start killing these corrupt politicians and judges and their families.
The judge is a traitor and has a death sentence.
I will kill you.
I just want to get the gun and come down there and blow all their brains out.
State of Washington versus Donald J. Trump. Judge James Robart temporarily blocked Trump's first travel ban barring some Muslim travelers. Critics posted home phone and address online. Trump tweeted calling him "so-called judge."
When you call someone a so-called judge, what you do is you attack the judiciary. You may not even have wanted to convey that message, but that's the message which your 40 million Twitter followers took down, which was you were never authorized to issue this decision.
Trump tweeted again blaming him if terrorist attack. Messages: must be stopped.
I thought he had a right to attack my decision. I don't think that criticizing a judge is acceptable. There is no dispute at the point that you start to talk about I'm going to kill you or I'm going to hurt you or more importantly to me I'm going to hurt your family. That's over the line and can't be tolerated.
Bombarded with 40,000 messages, many death threats, US marshals camped around house. Bomb-sniffing dog before lunch, marshals noticeable.
Federal investigators: thousands of threats from Russia, long game by Putin to splinter democracy. Undermine willingness to accept court decisions, cause chaos.
Suzanne Spalding, top cyber security for both parties: Russia fans suspicions judges partisan, attacked Robart's decision as personal politics not rule of law, leads to threats and violence as in Judge Salas case.
Taste on January 6th. More pressure on law enforcement for online threats to physical attacks. Example: Alabama man answered online call with truckload weapons, handwritten hit list, second from top Indiana judge.
You do have a first amendment right to express your opinion, even if it's an unpopular opinion. But threats of violence, incitement to violence, those are things that law enforcement can legitimately look into, particularly when it's against our public servants.
Judge Salas: Daniel would want her to keep going. Courthouse reopened after COVID.
Will you be concerned when you reenter this courtroom?
No, we're changed forever. Mark and I are different people today, sadly. But as far as what I do on the bench, no, that's not going to change. I'm not going to let Mr. Hollander take that away from me. My integrity, my work ethic, and my pride. No, he won't take that.
Imagine lawyer in small or medium-sized American city appointed to bench. Wake up as John Berdett Pratt, looking down from bench on people you were one of.
I, John Berdett Pratt, do solemnly swear...
Do solemnly swear.
Now, what do you do?
I will support.
Not sure of terminology or rules. Judge Pratt of Vale, Oregon, goes to Reno for crash course at National Judicial College, less than mile from casinos.
Nearly 30 years ago, judges and lawyers headed by Supreme Court Justice Tom Clark created college for better judge training.
Remember, it's you against the lawyers now. You used to make money confusing judges and juries. As a lawyer, you just threw up on the wall and see if it stick. And if it did, okay. And if it didn't, you tried something else. But as a judge, you're the wall.
Nearly 50,000 federal and state judges came for part of judicial education. In most cases,
State and federal judges donate their time as faculty in a program where home states pay tuition for some participants, while others pay their own way. New judges like Berdett Pratt, the most recently appointed, learn new legal issues since law school, such as surrogacy cases (should contracts for birth of children be enforced?), AIDS, right to die, child abuse cases determining if a child is qualified as a witness.
These are the kinds of things that didn't face you as a lawyer. You may have tried to plead it, but you didn't have to finally decide. You wanted to win, but you didn't have to finally decide. And there's a lot of difference when you get to those two positions.
In a mock scenario, when a lawyer objects to asking a witness without stating a reason: >> Suppose the question is ask a witness and the lawyer who called the witness says I object. Now, what do you do? Well, if there's not a reason stated, I assume I'd overrule the objection.
You notice how he hesitated on his decision here for a while. You don't hesitate, do you? They'll think you're reaching for the coin. Yeah, here it is. Overruled. That's it.
Different judges hand out different sentences for the same crimes. In a mock case of governmental corruption with a faithless county official:
- One group: two years in jail.
- Another group: averaged six years to serve, last year on probation (the max).
Legal jargon confuses jurors: words like leximetrics, teleonics, deposition, interrogatory, voir dire are meaningless. Professor Zimmerman recounts a judge getting a kid's attention in court:
The kid, he said, was standing like this the whole time. And he said, 'I realized I wasn't getting through to this kid, how serious this was. He said, I decided to take a short recess. I said, and as we take this recess, counsel, would you send your client up to my bench alone, please? He said, I motioned him right over the front of the bench to me. I got about a six inches, we're all adults here, so I'll tell you exactly what he said. about six inches nose to nose with this kid and in a voice that nobody else could hear. I said, "Listen, you little son of a bitch. You may think I'm a nice guy, but if you are in this courtroom again in the next 6 months, your ass is going to be in jail. Do you read me, pal?" He said, "The kid jerked to attention, nodded, and walked backward all the way to the counsel table."
New judges plan to master rules of evidence. Judge Adams on learning them:
This is probably the only evidence book you'll ever need. What you do is take it home and take it to your library. Now, that's where the porcelain fixtures are, you know, and there's a little thing over there with paper rolled up on it. Hang it right there. Each day, you open it to another room, you see. And in one year's time, you'll have been through this book how many times? Several times. And you will be a good judge.
Class Order in the Court 101: First rule to gain control: >> Counsel. You talk to me and nobody else. If they want to say anything more, they come up and speak to you at the bench.
Never let two lawyers argue: >> Otherwise, it's I object. It's wrong. He knows it's wrong. He knew it was wrong when he got in his big Cadillac in Miami this morning with his big cigar. He knows it's wrong. And away it goes. Don't let him do that. Just put the rules down and you'll be in control.
Using an actual trial transcript, they simulate chaos:
I'm entitled to use a verdict of not guilty to impeach this witness. >> When you talk to me, do not come forward like you are coming. Counselor, I am ordering you. >> I don't care what you consider. Judge number five, >> you are not to shout as you have been the bat of very past instances and I insist that you uh keep a reasonable distance from the court. Pass the gavels. Judge O'Neal. >> Your honor, I'm representing Frank Doming. And I'm going to see that he gets a fair trial to the best of my ability. He hasn't received a fair trial all day because of you. >> The disruption of this courtroom has been caused by by you and my son's lawyer. My son is innocent. He is not getting a fair trial. My son is right. Sir, you should step down. Judge number three, >> I think you're absolutely right. We'll transfer this case to another judge.
From another transcript: >> Okay, Judge Hasslinger, you're going to give me an illegal trial. I'm going to blow your head off. Do you understand that? >> That is exactly what I'm going to do, punk. What do you do when you are threatened in your courtroom?
Response: Interrupt and use contempt power: >> Baoof, take that person away.
Threats outside court: Judges consider personal security like a 25 mm bar (permit needed), Mace, tear gas. Predecessor carried a gun. Greater danger in civil/domestic cases than criminal, as it's personal.
God almighty. One of the things that I find just awful is to bump into somebody whose case you've just been ruling on like in domestic case and you go into lunch and you get in that is as the elevator and there are three people on the elevator you and the man whose child you just took away from him and his mother and they just kind of look at you like you know if looks could kill I would be dead.
First day anxiety: A judge shuffled papers, whispered to bailiff Jim: >> Your honor, why don't you say call the first case? And suddenly I was a judge.
Jay Berdette Pratt's appointment ends in November; he must run for election. Voters will applaud or deplore his conduct.
Miles Lord, Chief Judge of Minnesota, most candid (some say reckless) federal judge. Gave tongue-lashing to A.H. Robins Company executives over Dalkon Shield IUD, charging corporate irresponsibility for injuries and deaths to over 9,000 women. 8th Circuit Court of Appeals reprimanded him for crossing line from judicial comments to public accusations.
That was pretty tough talk. >> It wasn't as tough as what I should have done. >> Oh, come on. That's tough talk. I should have put him in jail for what? >> Obstruction of justice. >> That's all. >> That's a very wide term for hiding documents, misrepresenting, abusing the process, delaying.
As you sit here, you said, attempting once more to extricate yourselves from the legal consequences of your acts, none of you has faced up to the fact that more than 9,000 women claim they gave up part of their womanhood so that your company might prosper.
If one poor young man were without authority or consent to inflict such damage upon one woman, he would be jailed for a good portion of the rest of his life.
They go to jail, but these people can sneak up and plant something in their womb that'll poison them, kill their babies, give them babies, and that's in the name of profit.
Robins settled $75,000 on Diane Grudam, who had nine operations post-Dalkon Shield. Judge Lord questioned Robins executives in videotape depositions (unusual for federal judge):
Doctor, let me tell you something. May Will you listen to me, please? There's a strange reversal of roles here again today. You seem to be in charge. The judge will be the referee here. You answer the questions. If you don't do that, consequences may follow.
Robins sued Lord for abusing office; he hired Ramsay Clark. 8th Circuit heard complaint, with Robins' attorney Griffin Bell. Lord: >> They never should have listened to the lies of Robins. They have done more to intimidate the judiciary and weaken that branch of government by that one act.
Attorney/professor/former judge Irving Younger: Most judges say Lord goes over the line; judge not authorized to solve political problems.
Weren't you in effect acting as an advocate? >> At the end of that case, I had read five trials they had. I had all the evidence I need. I make up my mind on cases and two hours study on a summary judgement motion. All judges do. This is a myth and a phony. >> What's a myth and a phony? >> The fact that a judge after studying thousands of documents can't make up his mind about anything. A blind man. Justice may be blind, but it's not dumb.
Grew up poor in Crosby and Ironton, Minnesota; only one of nine brothers and sisters to finish high school. Bases decisions on what people there would say.
Politician before/after bench: Minnesota populist tradition like Hubert Humphrey, Eugene McCarthy, Walter Mondale (his assistant when Lord was AG). Appointed US Attorney by Kennedys (1961), federal judge by LBJ (1966) at Humphrey's urging.
Ronald Reagan worries you. >> Frightens the hell out of me. >> I don't believe that a federal judge is sitting here in this courtroom and talking politics with me. >> Why not?
Criticizes Chief Justice Warren Burger: >> I think Warren Burger does a lot of things that are none of his business. Like call up the court of appeals judges and say now discipline that judge or I'll discipline him myself.
Swore in 65 new American citizens. Uses button to play music blocking jury from hearing sidebar. Landmark ruling allowing high school girl on boys' tennis team (no girls' team). Ruled Reagan administration illegally denied Social Security disability benefits to thousands like Harriet Miller (crippling arthritis, $90/week); enjoined in eight states (suspended by appeals court).
10 years ago, took on Reserve Mining Company for polluting Lake Superior with tons of asbestos-like particles daily; called them corporate outlaws for misrepresenting, hiding documents. Removed from case by appeals court for lacking impartiality, but court upheld charges substance. Dispensed with adversary proceeding due to time and misrepresentations.
In effect, Judge Lord, you called the people at Reserve Mining corporate outlaws. Well, they advertised themselves to be good corporate citizens, but they misrepresented. They hid documents that I begged them to produce. They lied and cheated. Is that a corporate outlaw?
Are the statements true? Are they justified? Is it more important that you look impartial and let them get away with something or that maybe you get out of character a little bit and just say, "Hey, that's enough of this. Stop it. People's lives are at stake. You can't do this for profit anymore."
Award from Trial Lawyers of America for judicial independence, courage, integrity:
Give them hell. >> I really admire your guts. You're a hell of a man. >> That's a lot more important than being a hell of a judge.
Criminal lawyer Ron Meshbesher: Lord prejudges guilt in drug/fraud cases.
You're up against a tough fellow when you come into Miles Lord courtroom. >> Exactly. Because I think he's usually decided before we walk into the courtroom that the guy is guilty.
Reversed twice as often as average federal judge in district; removed from big cases like Reserve.
You've been removed. >> I was removed from the reserve case. >> You've been reprimanded. >> I suppose so. >> Why don't we put it this way? I don't get along with some of those birds on the court of appeals.
Chief Justice Douglas Amdahl (Minnesota Supreme Court): >> Crusaders should not decide how far the crusade should go. Miles Lord should have stayed as attorney general, a US attorney.
Lord prefers advocate role but constrained as judge. Considers retiring without cloud due to Robins/appeals issues but vows to stay until senile.
Despite 8th Circuit charging injudicial conduct and violating Robins executives' constitutional rights via governmental attack on reputation, court never censored him personally. Decides to retire later this month for full salary of $78,700.
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