2012年4月16日星期一
It was not uncommon
Two of the boxes held the notes and research - the "trial
files" as the Judge had always referred to them - of the cases he'd heard as a special chancellor since his defeat in 1991.
During a trial the Judge wrote nonstop on yellow legal pads. He noted dates, times, relevant facts, anything that would aid him in reaching a final opinion
in the case. Often he would interject a question to a witness and he frequently used his notes to correct the attorneys. Ray had heard him quip more than
once, in chambers of course, that the notetaking helped him stay awake. During a lengthy trial, he would fill twenty legal pads with his notes.
Because he was a lawyer before he was a judge, he had acquired the lifelong habit of filing and keeping everything. A trial file consisted of his notes,
copies of cases the attorneys relied on, copies of code sections, statutes, even pleadings that were not put with the official court file. As the years
passed, the trial files became even more useless, and now they filled forty boxes.
According to his tax returns, since 1993, he had picked up income trying cases as a special chancellor, cases no one else wanted to hear. It was not uncommon
in the rural areas to have a dispute too hot for an elected judge. One side would file a motion asking the judge to recuse himself, and he would go through
the routine of grappling with the issue while proclaiming his ability to be fair and impartial regardless of the facts or litigants, then reluctantly step
down and hand it off to an old pal from another part of the state. The special chancellor would ride in without the baggage of any prior knowledge and
without one eye on reelection and hear the case.
In some jurisdictions, special chancellors were used to relieve crowded dockets. Occasionally, they would sit in for an ailing judge.
Almost all were retired themselves. The state paid them fifty dollars an hour, plus expenses.
In 1992, the year after his defeat, Judge Atlee had earned nothing extra. In 1993, he'd been paid $5,800. The busiest year - 1996 - he'd reported
$16,300. Last year, 1999, he was paid $8,760, but he'd been ill most of the time.
The grand total in earnings as a special chancellor was $56,590, over a six-year period, and all earnings had been reported on his tax returns.
Ray wanted to know what kinds of cases Judge Atlee had heard in his last years. Harry Rex had mentioned one - the sensational divorce trial of a sitting
governor. That trial file was three inches thick and included clippings from the Jackson newspaper with photos of the governor, his soon to be ex-wife, and a
woman thought to be his current flame. The trial lasted two weeks, and Judge Atlee, according to his notes, seemed to enjoy it tremendously.
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