There are a great many judges in this world. The idea of a judicial system is reasonably universal, though the stature, dignity, and independence of those display some significant degrees of variety across the globe.
In the United States, there are something more than 30,000 judges. In such a broad field of people, it is likely difficult (at best) to distinguish yourself. How does one stand out from the crowd?
A suggestion, humbly, would be that there is no reason to stand out from the crowd. The job before us is one in which doing the job, day after day, with humility, consistency, and dedication is a tribute to the serious challenges people face and the critical role that judges play in analyzing conflicts, facilitating discourse, and steering disputes to resolutions.
The purpose of a judge is not to find Andy Warhol's promise. Supposedly, he said that "in the future, everyone will be world-famous for 15 minutes." There is some doubt about that attribution. And, there is some criticism. Comedian Daniel Tosh is quick with that quote and to explain the 15 minutes is an average. He then points out those in the audience who will get "zero for you, you, you, you, zero, zero, zero, zero, zero" so that Mr. Tosh can have far more than 15 minutes in that "average" conceptualization.
Judges are like cooks. Our job is largely to deal with a process that is imperfect. It is said to be an art, more than a science. In fairness, art is often in the eye of the beholder. People actually look at Picasso's work, believe it or not. Not my cup of tea, but that is what makes the world go around.
Much of the meal is determined by the groceries. If all you bring us is unripe kumquats, banana pudding mix, and a can of spam, you can hardly be shocked when the judge doesn’t conjure a gourmet meal as a result. Ok, you can be shocked if you want to be, but your credibility will take a serious hit.
In the naïveté of our youth, we were all led to believe that such judicial positions naturally attract the best and the brightest. To be a judge, you must have something on the ball, right? In truth, judges are no more likely to be exceptionally smart, than college professors, counterworkers, or floor moppers. There is no inherent characteristic. Much of life comes down to luck and opportunity.
Thus, appellate judges are no more intelligent or sensical than any other judges. But, at least, they tend to make decisions through a collective and sometimes collegial process. That collective effort and ample reflection time perhaps round off some rough edges in trial decisions they review. Their collective wisdom is maybe less fallible than any individual's? Well, if it makes you feel better to cling to that, that itself has value.
Our story today is of a Nevada judge. Fortunately, or not, she recognizes her own indefatigable superiority. She is gaining 15 minutes of fame because she has made up her mind, and will not be swayed. She, perhaps sees herself as the “man who can't be moved.” As irrational as it may become, she just keeps repeating "So I'm not moving, I'm not moving." The Script, RCA, 2008.
No, when the Nevada Supreme Court told her she had erred, and reversed in 2022, she stood her ground. The matter was brought to the Supreme Court a second time, and surprisingly, perhaps, like your mother (“what part of no didn’t you understand?“), the court agreed with itself, and told the judge again in 2023 to follow its previous instructions.
So, perhaps the court delivered clarity and its second iteration. Nonetheless, the judge in Nevada is too brilliant to be swayed by the missives of the states highest court. Convinced, perhaps of the Supreme Court's misconstruction, misinterpretation, or misapprehension, the trial judge remains steadfast in her decision.
Oh, and in her hubris, abstinence, and petulance, she earns 15 minutes of fame.
Not fame for being the calm influence through a difficult trial. Not for being the stoic ear that hears people out despite their feelings. Not for being the diligent decision-maker sorting through competing arguments. Not for the patient and dignified work of the work-a-day judge.
No, she earns her 15 minutes of fame for being disrespectful, defiant, and disruptive. It is disappointing in this nation of laws, to witness those who flout it. It is worse when those who defy it are the very scholars that have been appointed or elected to uphold it.
Remember, Daniel Tosh? Kudos to the judges who’s lifetime “fame accounts” equal “zero, zero, zero, zero…” But as he mentions, it is an average, and this judge is studiously making up for their fame deficits.
I have written about this Judge previously. One might recall It's the Appearance (February 2024) in which this judge's social media activities were featured. There she is not necessarily the dignified embodiment of scholarship and decorum. She posted bathing suit photographs on social media.
That, in itself, is not a sin. I’ve had my picture taken in a bathing suit Admittedly, I have never posted photos of that on social media or elsewhere. There are things in this world worse than me in a swimsuit, but not many.
But in that instance, this judge posed with friends in a hot tub. Before she was a judge, she was a public defender. Those she posed with in the tub are current public defenders. There is some potential for perceiving ongoing friendships and connections between those attorneys and the judge. Those attorneys and their colleagues appear in court before that judge.
There is, at least, the potential for an appearance of impropriety in the judge's hot tub escapades. The photos show to some poor judgment and lack of decorum. They are inappropriate and unfortunate.
But, the more recent Supreme Court order is far more disturbing. The hot tub is a problem with intellect, appearance, and the Code of Judicial Conduct. The problem with refusing (twice) to do what the Supreme Court says is petulant, immature, and rebellious.
It turns out, in Nevada, that the Supreme Court apparently cannot tell Judge Erika Ballou what to do. She will not follow the orders of the state's highest court. So, more recently, the Court ordered "District Court Judge Jerry Wiese" to assign the case in question to a different judge.
District Court Judge Eric Johnson apparently proceeded within days as instructed by the Supreme Court. 8 News Now reported that it took this judge mere hours to follow the Supreme Court's decision and directions. Perhaps following instructions is not so hard after all?
Judge Ballou's punishment for not following orders of the court? She has her workload decreased and places the burden of her work on another judge. One of the not famous, workaday judges down the hall who is merely getting the job done each day rather than lounging in hot tubs and ignoring the state's highest court.
In fairness, it is the trial judge's job to manage a docket. The trial judge is burdened with a myriad of challenges and decisions on a daily basis. It is a difficult job that requires attention, patience, and persistence. In short, it is not the job for everyone. Intelligence? Sure that helps. But in reality, it requires work, dedication, and focus.
Judge Ballou wasted taxpayer money. She exhibits a disrespect for the law. She demonstrates contempt for the state's highest court. There has been an embarrassment to the judicial profession.
If there is a glimmer of positivity, I find it in the miles between Florida and Nevada. It is a small solace, but at least this is not happening here. They say you can learn as much from a bad example as you can from a good one. I am grateful that this lesson is long distance.
So, 15 minutes for Judge Ballou, 15 minutes for Nevada, "zero for you, you, you, you, zero, zero, zero, zero, zero." All of those "zero fame" judges with their heads in the work, with their hearts in the job, getting it done every day and not being famous, good for you.
