UNJUSTICE 
A Sydney Sullivan Story
“Although inspired in part by a true incident, the following story is fictional and does not depict any actual person or event.” Photos throughout the fiction are to assist with your own imagination

Three Minnesota judges got together at least twice a month in various forms of recreation depending upon the season. In the summer Ole, John G. and Carl (their names have been changed to protect their identities) would golf and invite a lucky soul to be their foursome. Otherwise, as in the winter, the three would go fishing. “No man can fish and worry at the same time,” John G. would always say.

The three men were like-minded and all about the same age, with Judge John G. being the oldest and a ringer for the good looks of George Clooney. They were closer than most brothers and more reliable – a trait that they all shared like their passion for law, common interests, and political views.  After an appointment to the bench, being elected meant keeping a polished appearance in public. All three judges were impeccably dressed and well-groomed that over the years had become an unspoken competition. Having three physically attractive judges with courtrooms all on the same floor was just a fluke – but the courthouse employees, as well as the general public, had nicknamed the third floor Hollywood Hall.

It was the winter of 2014 when the judges decided to meet at their favorite lake 200 miles northwest of Minneapolis. Hubbard County had some of the best ice fishing in the state. They decided several years earlier to invest in a simple 3-man  Ice Runner Expedition that their young friend Erik would do the set up and drill holes in the ice ahead of their arrival. It was mid-January, and the winter had been about 9 degrees below normal. This was the coldest winter since 1978-79. Carl made a clever joke about global warming rumors being a farce.

The lake was large, and the ice was exceptionally thick. Ole, John G., and Carl liked to be away from the crowd on the lake. Erik knew to keep their Ice Runner in more of a remote area, but because the judges always brought him good luck in fishing, Erik and his fishing buddy Howard, would set up camp just in the distance. The judges didn’t mind having Erik within sight because if there was anything needed they had worked out a flag signal that Erik could see and would know to hop on his snowmobile and come over to their camp. This worked out especially well when the judges ran low on bait …or bourbon.

Judge Carl’s family history had been traced back to the 1600s, at least on his mother’s side who has documented the German ancestry over 400 years. It was reported that his earliest known ancestors arrived in the New World after departing from Rotterdam. The German extension of his family landed in Jamestown, Virginia after a rough voyage on the ship “Mary and Margaret”, which brought the first German immigrants to the United States. His relatives were glassmakers and known for their excellent quality and style. Carl’s ancestors migrated west settling in Ohio, Illinois, Wisconsin, and Minnesota. Many of the family members were fine carpenters and although the Minnesota winters were hard, the timber was strong which made for sturdy construction.

On Carl’s desk is a picture of the family’s first-known log cabin taken by his great grandfather at the turn of the 20^th century, about 1904. The 1879 home had been preserved by four generations of the family and was archived in the national registry. The original 26-by-20-foot log cabin had a kitchen, pantry, bedroom, and loft where the children slept. A living room was added on in the late 1890s.  His grandfather told him that he remembered playing in the old cabin as a child and how filthy his feet would be from the dirt floors. “Hold on to the land,” he’d hear as Carl’s grandfather would sermonize about how precious the home and hearth are to the family.

Carl held on to the property and still takes his own children camping there as a family retreat.

Graduating with honors from Hamline University School of Law in Minneapolis, Carl decided to stay put in Minnesota and work for the city, even though he had been offered an extraordinary position with a prestigious law firm in Chicago. Carl’s mild manner and toned physique put him in a category with John Fitzgerald Kennedy, Jr., the son of the 35^th President of the United States who had been assassinated in 1963. JFK, Jr. was only 3 years old, but he grabbed Americans’ heartstrings throughout his life which ended suddenly in 1999.

Carl’s hair was dark brown when he was younger and now it had begun to turn silvery gray which was accented by his black rim glasses giving him the look of a stoic professor rather than a heartless judge. He had originally been assigned to criminal court, and now to civil court and he wasn’t quite sure which one was more taxing.  At the end of the day, Carl still carried home the burden of hearings he had to deal with along with the personalities of the plaintiffs, defendants and all their attorneys.

John G.’s family had Nordic roots that migrated to Minnesota in the early 1800s. The “G” stood for John’s middle name Gilbert which was his mother’s maiden name that had been changed from Gunnar [pronounced GOO´nar]. Judge John G.’s father was a Lutheran minister whose congregation just adored him. His sermons were spellbinding, and he spent most of his waking hours helping other families. John G. graduated summa cum laude from the University of Minnesota Law School and was fortunate to have the opportunity to attend Harvard as a gift from one of his father’s wealthy parishioners.  He networked his way through the Minnesota House of Representatives and became close friends with one of the Minnesota U.S. Senators. His appointment to a judgeship was no surprise and his gregarious public personality and even-handed rulings made his re-election campaigns like a snowball rolling down the hill.

John G. started out in his twenties with the perfect salt-and-pepper George Clooney-like hair that was now almost completely white. He has always been considered dapper and debonair in his dress as well as his personality. It was not only his leading man good looks, but primarily his Danny Ocean-like temperament from Ocean’s Eleven, his ability to organize groups of people to get done what he wanted, and sense of humor that has solidified his career. At a recent dinner honoring Judge John G., it was remarked by one of his colleagues from the early days that the reason he won so many trial cases was that he retains his dry, arch sense of humor. Even in a memorandum brief, without John G’s smooth delivery, there was a charm to his written dialogue. Live and in-person, the jury half expected to see him share the details of the casino heist at the end if they ruled in his client’s favor.

With each election, his constituency continued to grow, as did his popularity and constant requests for various speaking engagements. John G. used the opportunity to express himself as a mental release. His storytelling was widely acclaimed as remarkable. Even some of his opinions were written as if he were going to speak at a distinguished function and wanted to slip in a bit of humor or some oxymoron to make a special effect and keep the audience interested.

Judge John G. was now the presiding judge. Although it sounded like a prestigious position on his curriculum vitae, it was rather a mundane position of supervision especially since the American Bar Association had become more a fraternity of lawyers and judges. The position of presiding judge was akin to being the fraternity president of the local chapter.  John G. was well-respected and usually made decisions according to consensus. Although he was an extrovert, Judge John G. had a slight preference of perceiving the opinions of others over exclusion when it affected the fraternity.

Ole too, graduated magna cum laude from University of Minnesota Law School and spent a few summers clerking for the appellate court. Ole was an incredibly handsome man resembling a younger Robert Redford who had aged very well.  He had worked as Assistant Public Defender, in Hennepin County Public Defender’s Office, and into his own practice before being asked to serve as Assistant County Attorney. From there he had worked his way up to a judgeship.

Like John G, Ole’s Scandinavian family arrived in Minnesota in the mid-1800s. His father was a farmer who barely survived the farm crisis of the 1980s. Almost losing the farm gave young Ole a rude awakening and probably helped push him into law. The farmers felt so all alone back then and legal costs were driving them out of business. Ole could still remember driving to Memorial Stadium in Champaign, Illinois nearly 30 years ago to see John Mellencamp, Willie Nelson, and Neil Young. The three men put together a benefit concert called Farm Aid to benefit the farmers.

That day was filled with memories of incredible performances. BB King, Beach Boys, Roy Orbison, Eddie Van Halen, and Sammy Hagar, Tanya Tucker, Bob Dylan, and so many more all turned out to help the farmers. The entire day was overcast, wet and cold, chilly to the bone which was quite memorable. In the very beginning, the sun broke through the clouds but then turned into an all-day drencher that didn’t stop until late in the evening.  It was still worth the trip and the concert raised national awareness about the farm crisis, which it was intended to do.

Ole thrived as a criminal and drug court judge, but now he was assigned as a judge in civil court and mostly foreclosure complaints. Fishing was therapy for all three men – but Ole, most of all, cherished the trips.

The judges arrived at the lake at their usual time, just after 8 o’clock on Saturday morning, and Erik escorted them to their campsite. Everything was all set to go and the walleye had been rumored to be biting. It was extremely cold and Ole chuckled to himself that he was wearing the same University of Minnesota sweatshirt he had worn to the Farm Aid concert – under his Striker Ice snowsuit, of course.

Carl brought the refreshments which included the bourbon. John G. had packed enough food to last for a weekend and Ole supplied the bait and a couple of new jigs and spoons he picked up at Delaney’s live bait and tackle shop on his way to the lake. Once the judges were settled in, Erik made his way across the lake to his campsite with Howard, several six-packs of Grainbelt Premium and a dozen homemade meatloaf sandwiches loaded with ketchup that he also shared with the judges.

Ole raved about the new lures regaling the judges with the stories Ed at the tackle shop had told him and how successful the fishing had been more recently. John G., however, remained uncharacteristically quiet. The new lures were attached, and the lines tested for strength. Carl was the first to drop his line through the hole in the ice, followed by Ole and then John G in the second hole. Carl popped the top of a couple of beers and handed one each to Ole and John G. All was quiet for about 10 minutes when Ole announced out of the clear blue he had a moral dilemma. It wasn’t uncommon for the judges to discuss work or their personal lives while they were alone and away from the rest of the world.

Ole began to tell the others how he was drowning in foreclosure lawsuits. “I’m in overload,” Ole snapped. “I’ve got more cases now than I ever had in all my years on the bench in criminal court.  My docket is loaded with foreclosures.”

“What’s the moral dilemma?” responded Carl as he leaned back and sipped on his beer. Carl knew all too well what bothered Ole, but he wanted to hear it from him.

“I can’t tell you how many pro se homeowner cases I have and I don’t think anyone is keeping numbers. These pleadings,” Ole rolled his eyes and shook his head as if the paperwork wasn’t worthy of being considered a legal brief, “are so hard to read and decipher but I feel morally obligated to at least try to interpret what they are claiming. When these homeowners come into my courtroom, I ask them if they have an attorney. They say they can’t find one who understands, or they can’t afford a lawyer, sometimes both,” Ole was clearly exasperated.  “The ones that do have an attorney make arguments that fly against traditional law.”

“I’m glad you brought this up,” John G. finally broke his silence.

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UNJUSTICE will be a new series on DeadlyClear that will upload as chapters are completed. Please subscribe so you don’t miss as the story progresses. Inspiration and research in part with Vermont Trotter and our foreclosure network. Copyright DC 2016-2024.