CBA Record Nov-Dec 2019

An Insider’s Look at Judges’ Toughest Cases

Every case in this book is a fascinat- ing study of the judicial decision-making process. Whether or not readers followed some of the high-profile cases at the time, this book provides a unique and rarely seen behind-the-scenes judicial perspective. Many will recall that back in 2000, the nation struggled with the question of what to do with Elián González. Elián was five when he and his mother crowded into a small boat in Cuba with 12 adults and attempted to make the crossing to the United States. Only Elián and two others survived the journey. Elián’s mother had been divorced from his father, who remained in Cuba. The subsequent battle over whether Elián should be raised in the U.S. or Cuba garnered national attention and invoked international law. Judge Jen- nifer D. Bailey does a wonderful job of putting the events in historical context and explaining her role as a state court judge. Judge Bailey writes: “I worried that people no longer saw a little boy who had lost his mother in a harrowing sea journey. Instead Elián had become a geopolitical vessel into which people had poured their hopes, frustra- tions, and anger … Elián had become a symbol for both sides: he would either serve as the personification of a defiant exile community if he remained, or serve as the emblem of Castro’s Cuba if he returned.” At the other end of the media spectrum is the touching tale of “Walking with My Ancestors: Tribal Justice for Salmon Running,” which is poetically penned by Judge Allie Greenleaf Maldonado. “Salmon Running” is the pseudonym for a troubled Native American woman who came before Judge Maldonado on drug charges. The story takes the reader through a series of Salmon Running’s progressions and regres- sions, and the judge’s decision on whether to send her back to jail or to enroll her into the Waabshkii Wiigwan Healing- to-Wellness Program. Throughout her

poignant tale, Judge Maldonado weaves the imagery and cultural symbolism of an eagle feather. There is also Judge Reggie B. Walton’s account of the U.S. v. I. Lewis “Scooter” Libby trial, which involved the highest levels of the White House, CIA, FBI, and NBC, as well as other media outlets and political pundits in the caper of who leaked ValerieWilson’s employment with the CIA, and why. There is “Building Justice in Kosovo,” the story of a district court judge from Minnesota (Judge Edward S.Wilson) and his journey to help establish the rule of law in war-torn Kosovo. There is the case involving the removal of life support for Terri Schiavo, and “Crazy or Cruel: The Trial of an Unex- plained Filicide.” Tough Cases can be a tough read at times. Taken as a whole, Tough Cases shows judges balancing a multitude of factors on cases large and small, as well as wrestling with their consciences. It shows judges following the law, regardless of public opinion, peer pressure or self- interest. And although you may not agree with every judge’s final decision, it is reas- suring to know that they are taking great care with how they administer justice in what are indeed tough cases.

Tough Cases Edited by Russell F. Canan, Gregory E. Mize and Frederick H. Weisberg The New Press, 2018

Reviewed by Clifford Gately I ntriguing. Moving. Thought-provok- ing. Controversial. All of these things can be said about Tough Cases , a collection of essays written by 13 judges about their most daunting cases. Describing this book as a whole is difficult because, like a collection of short stories, each vignette stands on its own. The compilation that editors Russell F. Canan, Gregory E. Mize, and Frederick H. Weisberg have put together ranges from highly political matters that garnered inter- national media attention to very personal stories of individuals’ struggles with drug addiction, mental illness or homicide. Cliff Gately is a law firm busi- ness development professional inHinshaw’sMarketingDepart- ment andamember of the CBA Record Editorial Board.

26 November/December 2019