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Judge H. Lee Sarokin

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The Good Wife Does More Harm to the Judiciary Than Newt Gingrich

Posted: 02/23/2012 4:52 pm

I am mindful of how Vice President Dan Quayle was mocked for criticizing Murphy Brown, a fictional TV character, for choosing to have a baby as a single mother. He suggested the program contributed to the "poverty of values," which, in turn, caused the 1992 Los Angeles riots. Nonetheless, I am willing to take the risk of ridicule in suggesting that The Good Wife, despite being a fictional program about the law serves to demean it.

Every episode that I have watched (and watching is mandatory in my house) has depicted judges as fools and idiots. They are portrayed not only as arrogant and pompous but deranged as well. Psychiatrists delve into one's past to determine current attitudes, and I can only assume that one or more of the writers of this program has had an unpleasant experience with a judge. Otherwise, it is difficult to account for this consistent derogatory portrayal.

While on the subject, I cannot help but wonder whether or not the writers have the benefit of advisers on the law. Not only are judges portrayed as half-wits, but the plots involving the law are often ridiculous or ludicrous. No trial takes place without someone running in at the last minute with new evidence or evidence is presented to an appellate court -- neither of which actually happens in the real world. There are other examples too numerous to mention. Dramatic license is understandable, but being authentic isn't that difficult.

If there were a decision that a "President" Newt Gingrich did not like, he would either have the guilty judge removed, have Congress overrule the decision, reduce the judge's budget or at a minimum shut off the judge's chamber lights. But even Newt does not condemn all judges -- just the ones who do not rule as he wishes. As contrasted to The Good Wife, he criticizes judges; he does not ridicule them. The Good Wife is very popular and boasts a viewership of about 13 million. Having that many people seeing judges (even fictional ones) depicted as pompous idiots week-in and week-out takes its toll on respect for the judiciary. I concede that I may be overly sensitive, but I suspect that surgeons would be offended by a hospital TV show that depicted doctors bungling operations on a weekly basis.

With conservatives constantly railing that too many judges are getting it wrong -- activists thwarting the will of the people -- it does not help to have such a popular program declaring that they are jerks and creeps as well. Before anyone goes ape that I am violating the free speech rights of the producers, I make no claim that they cannot do what they are doing. But if they continue -- maybe in the name of full disclosure -- they should call the show The Good Wife and the Bad Judge.

 
I am mindful of how Vice President Dan Quayle was mocked for criticizing Murphy Brown, a fictional TV character, for choosing to have a baby as a single mother. He suggested the program contributed to...
I am mindful of how Vice President Dan Quayle was mocked for criticizing Murphy Brown, a fictional TV character, for choosing to have a baby as a single mother. He suggested the program contributed to...
 
 
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01:49 PM on 04/07/2012
Dear Judge Sarokin,

I'm British and without experience of American legal practice.

I don't see the judges on TGW as accurate representations of judges. Rather they're a plot device to highlight the personalities of the lawyers in a character-driven rather than case-law show. I find this show interesting for intelligently exploring different ways women have to handle and express power/authority. As for years women have been portrayed in rather flat ways - ambitious ball-breaker, submissive housewife, sex kitten/femme fatale - this is a great relief, providing viewing with recogniseable aspects of women I've known rather than a portrayal of my gender I can't relate to and often despise. For me this is the heart of the show.

Your concern has merit. The portrayal of legal workings does give the impression of a structually and systemically corrupt judicial and political institution, as a complete outsider I can't tell if I'm raising eyebrows at distorted representations or not. I'd like to reassure you I don't use TGW to form any serious opinion on the subject. I recognise I've no independant experience or knowledge and fictional shows aren't good source material. Some people may choose to believe the portrayal, some people are either lazy thinkers or just stupid.

My suggestion is to write a couple of character outlines for judges for the show and submit it to the the decisionmaker. Maybe they'll accept it?

I wish you success in achieving a better representation of judges in popular culture.

Zed Dee
03:18 PM on 02/27/2012
Your Honor, it's encouraging that many commentors here showed you appropriate respect even though they disagree with you. I tried watching The Good Wife once or twice and it was just too silly for my taste.

Considering the blog re never consenting to search, and the attending comments, it appears a majority of people have zero trust and respect for law enforcement and our judicial system nowadays. Whether news, anecdoates or TV dramas, citizens are all too happy to take this info and ascribe it to every court across the land. So your view of how fictional judges will be processed as examples of real judges does make sense to me. The prevailing mindset these days is to bash an entire lot of folks for their geography, politics, education, and/or job.

My 30+ career has been with the military justice system. Our judges are of exemplary integrity. And yet, some are characters with their little pet peeves and quirks, but they follow the law and the gold standard of impartiality. In contrast, I've never been selected for jury duty, never been tried, nor even arrested. Some would say my frame of reference is rather limited. In any case, I had to put in my two cents.
06:17 PM on 02/26/2012
The fact that the judge would even air such complaints suggests that the characterizations may not be altogether without merit.
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Judge H. Lee Sarokin
Retired after serving 17 years on the federal cour
03:17 PM on 02/28/2012
samscram - I don't think criticizing something as untrue and unfair necessarily makes it fair and true.
04:52 AM on 03/01/2012
I was afraid that the subtlety would be missed.

The fact is that there are enough judges "guilty as charged" that complaining about the caricatures suggests that they may be apt.
maxfax
Taa - dah!
12:07 PM on 02/26/2012
Your Honor, with all due respect, have you been in your local courthouses(outside the Federal system), observed the criminal bench, the civil proceedings? I understand your concern, but I can promise you there are much worse out there than what has been depicted on screen in this and other programs. Unfortunately, there are some very outrageous acts from the bench, by judges that have lost or never had a sense of decorum, or legal procedure. If we had a camera in all the courtrooms in the country, you may be more perplexed, incensed from actual occurrences than those portrayed on "The Good Wife."
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Judge H. Lee Sarokin
Retired after serving 17 years on the federal cour
01:01 PM on 02/26/2012
max - I would hate to think that the real world is worse than that depicted on TV. I do admit that my experience is limited to the rarefied air of the federal courts where, in general, if not always, decorum, respect for lawyers and litigants, etc. prevails. My philosophy of judging always was to hope to get the decision right on the merits, but equally important---- to send the losing party away feeling that they had been treated fairly with an opportunity to be heard.
maxfax
Taa - dah!
03:20 PM on 02/26/2012
Your Honor, I would like to believe the real world does not match or exceed what is portrayed in this program, and worse in othres. Unfortunately, there are those in the judiciary that don't read the law, let alone know enough to apply it, while only waiting out the next election.
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momoluvsu
We live in a parallel universe
06:59 PM on 02/25/2012
Dear Judge Sarokin,
You made some excellent points and I can understand the perspective you have from your years on the bench. I am a regular watcher of THE GOOD WIFE, so I wanted to give you my perspective for what it is worth. The show is set in Chicago, and this show parodies all the real and imagined corruption of the Cook County courts. I did not however, see it as an indictment of the whole legal system, more of just a distorted (at times) mirror of the windy city.
I am a nurse, and nurses get portrayed through some very distorted lenses in the entertainment industry also. It can be frustrating.
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Judge H. Lee Sarokin
Retired after serving 17 years on the federal cour
08:01 PM on 02/25/2012
momoluvsu - Thank you. I guess we are all sensitive to the way in which our professions, races, religions, etc. are portrayed. The judiciary is under such persistent attack that I am concerned when such a popular show contributes to it. I try to remember that it is just fictional---but not with much success.
12:49 PM on 02/25/2012
Dear Judge Sarokin,

As the co-creator and producer of THE GOOD WIFE, I think you're being unfair to our show. It's true we have our fair share of judges who demonstrate bias and an excess of personality on our fictional benches, but that's part of the thrust of our show: to examine bias and corruption in the court systems. How is justice to be achieved if the law is treated as a game? That's one of the main themes of the show. You can disagree with it, but at least our show has a point of view. And I would argue there are more than enough legal shows that portray judges as (boring, but respectful) fonts of impartial wisdom.

You ask "Can't there be at least one episode with a normal, caring fair judge...?" There is at least one episode. In fact there are dozens. Judge Cuesta, as played by David Paymer, is a truth-seeker. He has been in five episodes. So is Judge Morris, as portrayed by Jane Alexander. I would argue that most of our judges have personality, or even an excess of personality (given that we are fiction writers, you must forgive us for being drawn toward personality), but in fact often judge correctly on the law. The point is that the lawyers, even our protagonist lawyers, think they can exploit the bias and personality of these judges, but then are surprised when the judge decides against them.

Warmest,

--Robert King
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Judge H. Lee Sarokin
Retired after serving 17 years on the federal cour
01:39 PM on 02/25/2012
Dear Mr. King - First, I appreciate your taking the time to respond. I certainly accept your representation that some episodes have portrayed judges as "normal and caring" (my words), but my overall impression was to the contrary. My frustration had built up over several episodes and erupted with the most recent one of a judge crying from pepper spray after attending an Occupy Wall Street rally in the middle of a trial. I wish I could recall other instances that have set me off, but there have been many. In a way, you might take my criticism as a compliment. Because the show is otherwise so good and popular, I am concerned about its impact on the public's perception of the judiciary. I fear that frequent (if not every) depiction of judges as being arrogant, pompous, rude and often weird feeds on the stereotype of bad judges and the constant political attacks upon them. Judges are far from perfect and some are certainly subject to bias and corruption, but repetition of that theme can paint with too broad a brush even in fictional paintings.Finally, you should know that no matter how poorly a judge is portrayed---nothing will stop my wife from watching The Good Wife.
With respect
Lee Sarokin
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Janice Harper
10:31 PM on 02/25/2012
I'm pleased to see you raise the topic of how judges are represented on The Good Wife, and the episode you are referring to (the judge sobbing over the pepper spray and making a spectacle of his politics), was so out there it came across as total camp. I don't think anyone watching the show will be persuaded that they are accurate representations of the judiciary, however. But the whole show is such a parody of the judiciary that I do see how it can be perceived as insulting. If the show portrayed all members of a protected class in such light, there'd be hell to pay. That said, as much as I find the show totally goofy, I so love Kalinda and Eli Gold that as long as they have them running around causing trouble, I'll keep watching!
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SETexasLib
TryingToBeGood,ButRelyingOnMercy
09:27 AM on 02/25/2012
I can't comment on the good wife, Judge. I have one , but I have never watched one:)
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Judge H. Lee Sarokin
Retired after serving 17 years on the federal cour
01:39 PM on 02/25/2012
SETexasLib - Thanks for the laugh.
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FilthyHarry
Expletive Deleted
07:02 PM on 02/24/2012
I would agree with your initial conclusion regarding the effect of the show on the law if it weren't that the law couldn't be demeaned more by our tiered system of justice that hammers the powerless and succors the powerful.
05:12 PM on 02/24/2012
If you think the plots in Good Wife are convoluted you should see Harry's Law. I liked everything about that show except the ridiculous cases and trials. I had to stop watching because of that.
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Judge H. Lee Sarokin
Retired after serving 17 years on the federal cour
06:44 PM on 02/24/2012
Brbr2424 - If it's worse than the Good Wife, I think I will pass. I have walked out of the room on occasion because I could not stand how ridiculous the legal plot or the judge's conduct.
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Pansey
California transplant living in the South
10:39 PM on 02/24/2012
Harry's Law is a COMEDY. Sheesh.......
12:09 PM on 02/25/2012
Like I said, I liked everything about Harry's Law but for the convoluted cases. They lost me with that. Boston Legal was funny also but had the same problem.
03:43 PM on 02/24/2012
I can honestly say that I thoroughly disagree with this Op Ed piece regarding the depiction of judges at the state court level by The Good Wife. As a practicing criminal defense attorney, licensed in multiple states, and having been in front of dozens of judges at the county and circuit court level, I can say that many (if not most) judges do not fit the mold that other more serious dramas depict (as being disinterested in the subject matter before them yet having a wellspring of legal knowledge). The robed ones often care more about the speed of their dockets, have a strong adversion to sitting on trial, do NOT know the law, ignore the law to fit their own philosophical or political agenda, and think every defendant in their court room is guilty (even if found not guilty). It is understandable as many practicing in the area of criminal law tend to become jaded, tired, and judgmental. (For example, prosecutors tend to believe everything a police officer says must be true and defense attorneys tend to believe that all cops are liars). Although I respect that overwhelmingly most judges make every attempt to be fair and impartial - calling balls & strikes, so to speak - they are also undeniably human. And its the human fallacy that the Good Wife politely reveals that speaks volumes about our failing Criminal Justice System.
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Judge H. Lee Sarokin
Retired after serving 17 years on the federal cour
06:49 PM on 02/24/2012
melmolawyer - I obviously cannot dispute your experience, but can only feel sadness that an active practitioner would feel that way and has reason to do so.
timber1647
It's either sadness or euphoria
03:37 PM on 02/24/2012
My son just left the Bronx DA's office to go into private practice..the $ thing...anyway he shares your feelings about these courtroom dramas to include Law and Order. Most of what we see, well, it nevers happens. And he also mentioned that some of the theatrics wouldn't be tolerated in state courts....and never in Federal Court. He did say though that it makes for interesting TV as long as you understand it's fictional.
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Judge H. Lee Sarokin
Retired after serving 17 years on the federal cour
06:52 PM on 02/24/2012
timber - Congratulations to your son for his past service and future success. I had a son and daughter-in-law in the Manhattan D.A.'s office. Let's hope viewers of these shows recognize that they are fictional--however-I suspect that they serve to re-enforce all of the wrong stereotypes.
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LadyAurora
Pagan for Peace
02:47 PM on 02/24/2012
As I point out to my husband who sometimes has the same reaction to The Good Wife and many other shows I watch - it's fake, made for TV drama/comedy and while based on some real world facts, still is not to be seen as completely real. If that were true - how did all of the "Friends" manage to have such nice NYC apartments when one worked as a waitress, one an actor, etc. Or CSI - I seriously doubt anyone with 2 brain cells thinks that crimes are solved that quickly.

I realize for those in the profession being shown, i.e. lawyer, doctor, etc. these shows seem a bit far fetched, but they are not ment to be complete reality.
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Judge H. Lee Sarokin
Retired after serving 17 years on the federal cour
06:55 PM on 02/24/2012
Lady - I recognize the absurdity of complaining about fictional characters, but with the judiciary under such constant attack, I fear and resent any source that feeds it.
This user has chosen to opt out of the Badges program
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Talab
I tot i taw a putty tat
04:46 AM on 02/26/2012
Absolutely no sympathy for " the judiciary under such constant attack " when so often they facilitate the nationwide corporate attack on the middle class
01:46 PM on 02/24/2012
If you are looking for reality from TV dramas you are sure to spend your viewing time being disappointed. TV dramas are not to educate but to entertain. Normalcy is not entertaining.

Are you sure you watched any episodes other than this week's? I thought Dennis O'Hare this week came very close to the line between quirky and silly. But O'Hare can get away with it because he is so talented. There have been numerous legitimate portrayals of judges on The Good Wife. David Paymer has done an excellent job as a reoccurring judge. Jayne Alexander, David Fonteno, Peter Riegert, Joanna Gleason, and especially Linda Emond have done excellent jobs portraying judges.
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BlackJAC
It's better to be a black king than a white knight
01:33 PM on 02/24/2012
Portraying the judge and the prosecution as either bumbling fools or ambitious, politic jerks who just want to keep their conviction rate high is a staple of pretty much every lawyer show, book or movie out there that follows a defense attorney.  It's just a way to create drama, nothing more.
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Judge H. Lee Sarokin
Retired after serving 17 years on the federal cour
06:57 PM on 02/24/2012
BlackJAC - I suppose so, but I just feel that The Good Wife goes out of its way to make judges look like horses' asses.
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BlackJAC
It's better to be a black king than a white knight
07:29 AM on 02/25/2012
And the police are depicted as lazy in any amateur/private investigator mystery, and as racist goon squads in any inner city drama.  Again, it's just a story trope.

Let's also remember that this show was initially pitched as How Elliot Spitzer's Wife Got Her Groove Back, and has since spiraled into a soapy lawyer show when that initial premise ran its course.
10:30 AM on 02/24/2012
Sir:  "The Good Wife" is tame in its depiction of judges in the way you describe..............Other law shows, like Ally McBeal, The Practice and L.A. Law.........Those shows were over the top in their depiction of everything legal, especially the judges..............I am wondering, sir, if you ever watched a short lived law drama on A&E in the early 2000s called "100 Centre Street." ................It was created by Sidney Lumet and starred Alan Arkin............It was different in that t focused more  on the judges in a realistic manner  and, given the talent of the man who created it, was mostly devoid of the goofiness of the broadcast shows mentioned above.
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Judge H. Lee Sarokin
Retired after serving 17 years on the federal cour
12:41 PM on 02/24/2012
noaxe - If the Good Wife "is tame in its depiction of judges" I would hate to see what the other shows have done. I don't suggest that judges are without flaws, but I think to display only the ones with flaws is unfair and detrimental to the public's perception. Thanks for your comment.