The title of this post is the title of one of the King's hits, written by Paul Anka and others in the early 1970s. Elvis Presley--I have never been a big Elvis fan, but he was iconic in my childhood. A great many people I ran into claimed his acquaintance, worshiped his talent, and revered his presence.
My Way had reflective lyrics. The writers are compelling us to live a life fulfilled, to do it our own way:
"And more, much more than this
I did it my way
Regrets, I've had a few
But then again, too
Few to mention
I did what I had to do"
In Missouri, there is a judge who has done it his way. A "funny" way.
There is a place in legal proceedings for humor. The hearing room environment can be unfamiliar, even alien. The experience is infrequent for most, and for some, the experience will be once-in-a-lifetime. There are those who see humor as a method for diminishing the angst and anxiety caused by unfamiliarity and uncertainty.
In Night Court (May 2025), the efforts of a Florida Circuit judge are described. The humor reported in that instance might be characterized as crass. There are other thoughts on judicial humor referenced in that post. Humor is a difficult endeavor in any setting, only more so in judicial proceedings.
The British Broadcasting Corporation (BBC) recently reported on a Missouri judge being "disciplined for wearing Elvis wig in court." That makes for a catchy headline, but there is more to the story. Though the BBC has some credibility challenges, similar stories about this judge appear on the N.Y. Times, Associated Press, and St. Louis Magazine.
Judge Matthew Thornhill recently resigned from the circuit bench in St. Charles County. The news notes he is "the longest-serving circuit judge" there, and Ballotpedia says he was elected in 2014. That posting contains the indicia that it is incomplete or dated: "term that expires on December 31, 2018." Nonetheless, it appears he first ran in 2010 and has served since.
The Ballotpedia page also notes he was "reprimanded" as an attorney for his actions as a "county prosecutor in 2006." He allegedly "asked a forgery defendant for a baseball autographed by former football star Terry Bradshaw." That is a curious sidenote; it seems a bit like asking Stan Lee to autograph a DC comic.
The humor element, as described by the BBC, includes the judge wearing a preposterous pompadour wig and sunglasses a la Elvis Presley during court proceedings. This was on or around Halloween. The judge also "would give litigants or witnesses the option of being sworn in while playing Elvis music from his phone." Perhaps there are those who would find these entertaining or amusing, but comforting?
The story also notes that Judge Thornhill would "refer to (Elvis) occasionally during court proceedings." This included "mentioning his date of birth or death" as well as interjecting various "lyrics from his music."
The judge noted that he now understands "that this could affect the integrity and solemnity of the proceedings." Nonetheless, he believed he benefitted those present by adding "levity at times when I thought it would help relax litigants." Can you see "all shook up" as a calming influence?
Nonetheless, it appears that other factors may have driven the conclusions of "Missouri's Commission on Retirement, Removal and Discipline of Judges." While the BBC story says the Commission report mentions all of the foregoing, the report also includes more serious allegations or conclusions:
"sharing his political affiliation or preferred candidates in elections from the bench." See Canon 4, Missouri Code of Judicial Conduct.
"promoting his own election campaign by asking witnesses, lawyers and litigants if they had seen his 'Thornhill for Judge' signs around town." See Canon 4, Missouri Code of Judicial Conduct.
Failing "to maintain order and decorum in the courtroom." See Canons 1 and 2, Missouri Code of Judicial Conduct.
The Commission "recommended he be suspended without pay for six months, then serve for another 18 months before retiring." Judge Thornhill responded with a letter that "did not dispute any of the allegations" and asserted that "he had made a mistake." The tenor seems to suggest he perhaps made several mistakes.
Nonetheless, he essentially "agreed to the terms set out by the Commission, which allowed him to conclude his service on the bench and retire after 20 years."
From this, it appears the judge will be away briefly, but will be back on the bench before his eventual retirement. The six-month suspension without pay is a significant punishment from any perspective. According to Government Salaries, Missouri circuit judges make $156,055 per year, and so this penalty is about $ 78,027. That is a notable amount. But he will be back, perhaps acting as before?
There are lessons here. First, the easy reinforcement of the perils of humor. The fact is simple—humor is in the eyes of the beholder. What one sees as hilarious, another may see as irrelevant, insulting, crass, ribald, or worse. Judicial attempts at humor, if any, should be bland, brief, and universal (e.g., "I can't find my pen; I would lose my head if it were not attached").
Second, the engagement in political activity by a judge is a clear impropriety. Some think Twain said "Never discuss politics or religion in polite company." It is hard to find any reference to support that, but it is nonetheless sound advice for all. Those topics will generate strong emotions, and conflict. Humor is just as risky.
Judicial proceedings do not need additional emotions. And judges should remember, discussing politics is a topic of specific Code focus. Despite the tendency to view the Code as something less than defining, it is a valid and helpful guide (most judges like declining to help raise money at the local school bake sale).
Finally, in any judicial comments (and perhaps all comments everywhere), "in the end you gotta listen to yourself." Judges should present their public persona with a focus on business, with a side of humility, cordiality, and dignity. That will calm the participants much more than quoting a pop icon of any era, or playing music in proceedings.
Yes, do it "your way," but make your impression with professionalism and decorum, not corny jokes, lyrics, and buffoonery. Judging does not require a costume, and no costume will enhance your role.
