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- INTERVIEW, Page 12A Judge Whose Ideas Nearly Got Him Killed
-
-
- HOWARD BROADMAN works in a small California town, but his
- innovative sentences have made him one of the most controversial
- jurists in the nation
-
- By JANICE CASTRO/VISALIA and Howard Broadman
-
-
- Q. In just three years on the superior-court bench here in
- Visalia [a town of 80,000 situated 181 miles north of Los
- Angeles], you've got into a lot of trouble because of your
- so-called creative sentencing. You've made defendants quit
- smoking, attend Alcoholics Anonymous meetings or see a
- psychiatrist as conditions of probation. You ordered a thief to
- wear a T shirt proclaiming he was on probation. You told a man
- who beat his ex-wife to leave town. You sentenced a man who
- assaulted someone to donate his car to a shelter for battered
- women. Isn't this eye-for-an-eye justice?
-
- A. I thought it was poetic justice.
-
-
- Q. Where does poetic justice stop? In some countries they
- cut off your hand if you steal.
-
- A. We don't do that. Yes, these sentences are coercive.
- But so is going to prison. Which is more coercive -- losing
- your car or going to prison? Understand, none of these
- defendants have to accept these terms and conditions of
- probation. You can say, "Judge, I don't accept those conditions.
- Give me your best shot."
-
-
- Q. One guy who didn't like what you were doing walked into
- your courtroom last year and tried to shoot you in the head.
- Why?
-
- A. He was upset about the Norplant decision.
-
-
- Q. That was your most notorious case. Darlene Johnson, the
- defendant, pleaded guilty to beating her children brutally. You
- could have sent her to state prison for four years. Instead, you
- now stand accused of violating her constitutional rights by
- requiring her to use Norplant, a form of birth control that is
- implanted in the arm.
-
- A. Wait. I didn't require her to use it.
-
-
- Q. It was part of her sentence.
-
- A. I told her about it at the sentencing hearing and asked
- her if she wanted it. She said she did. She was pregnant, and
- she said she didn't want to have any more children. I told her
- that the state would pay for it if I included it in my
- sentencing order. She talked it over with her lawyer and agreed
- to that.
-
-
- Q. Even so, she soon changed her mind. She says you
- violated her reproductive rights. Her lawyer and many legal
- experts say she couldn't really make a free choice under the
- circumstances, since you had it in your power to put her in
- state prison for four years.
-
- A. Would it have been better simply to lock her up? In my
- heart, I felt it was compassionate. She was flunking parenting.
- She needed help. She needed to take care of the child she was
- bearing and to complete the conditions of her probation. I
- thought if there was less stress on her, if she did not have
- still another child right away, that she might be able to do all
- these things. I kept her in the community. I sentenced her to
- 365 days in the county jail, and parenting classes and
- mental-health counseling. I thought it would help her.
-
-
- Q. How do you answer people who say you violated her right
- to privacy?
-
- A. I say they're right. That's what courts do. Courts
- balance one right against another. And I was balancing her
- rights against the rights of her children.
-
-
- Q. She is now appealing the case.
-
- A. Yes. Everyone has the right to appeal my decisions.
- Several are doing so.
-
-
- Q. Some law professors think that you are excessively
- creative, that you are a publicity hound who thinks he's smarter
- than everybody else.
-
- A. I know I'm not smarter than everybody else. And face
- it, nobody in their right mind would seek the kind of
- lacerating publicity this Norplant decision has generated. This
- happened to me. Like being shot at happened to me.
-
-
- Q. Why did this man try to kill you?
-
- A. Because he felt that my Norplant decision was wrong. He
- passionately opposes birth control.
-
-
- Q. Was he rational?
-
- A. Either he was insane or he is a great hero. I mean, who
- acts on his beliefs? Everyone talks tough, but if he truly
- believed that I was killing babies, he was a brave enough man
- to stand up and try to kill me and suffer the consequences. I
- have seen the videotape of his confession, where he talked about
- planning the murder. He wanted the death penalty. He prepared
- for this. He had shot at a target hundreds of times.
-
-
- Q. So you're at the bench, and you see this guy sitting
- there in the courtroom.
-
- A. I hadn't really taken note of him. I was hearing a
- simple case, dividing up property in a divorce. He stood up and
- pointed a .357 at my head and pulled the trigger. And he missed.
-
-
- Q. How close was he?
-
- A. Nineteen feet. I ducked underneath the bench and waited
- for him to come around the corner and shoot at me again. A lot
- was going through my head very, very fast. I thought I was
- dying. I was feeling for the blood, and I couldn't find the
- blood. Then I saw the bullet hole in the wall above me and
- realized that he'd missed. I couldn't decide what to do, whether
- to beg or fight.
-
-
- Q. Didn't you hear the scuffling when the bailiff rushed
- in and grabbed the guy?
-
- A. No. So much was going on so fast. Then I stood up and
- saw him. He was flabbergasted that I was alive. He came for me.
- He wasn't cuffed.
-
-
- Q. And you took a swing at him?
-
- A. I took a lot of swings at him! It was chaos. This man
- had tried to kill me. I came around the bench, and he was
- coming for me, and I was punching him, and he was hitting me,
- and people were trying to pull us apart. Some people say I
- showed bad judgment. They think that a judge shouldn't get mad
- when somebody tries to kill him.
-
-
- Q. You recently put an abused wife in jail. Why did you
- punish the victim?
-
- A. She refused to testify against her husband, who had
- beaten her. I did not want to put her in jail. My judge friends
- told me, "Howard, you've got to get her out of jail."
-
-
- Q. So why did you do it?
-
- A. She violated a direct order of the court. I had to make
- a judgment call. She made her stand, I made my stand. It was a
- one-day case, and while it was going on, I had her held in my
- private holding cell at the courthouse. I had the bailiff stay
- with her and bring her a nice sandwich. The jury convicted her
- husband. And then I let her out.
-
-
- Q. Didn't you have any alternatives?
-
- A. I could have fined her. But she was poor.
-
-
- Q. You didn't fine her because it would have been a
- hardship. Instead you put her in jail. Wasn't that pretty harsh?
-
- A. Look, society needs to know that we take spousal abuse
- very seriously. And if you are a victim, you should know that
- we expect you to testify. Now if I say to this woman, "That's
- O.K., Ma'am, stay away. Who gives a rip?" then what am I really
- saying to all the other battered women? That their husbands can
- get away with this. Anarchy is the worst-case scenario. The
- judiciary is the salvation of a free society. Not me. The
- system.
-
-
- Q. Yet you have also argued that the system is broken.
-
- A. But it's still the best thing we have. The system must
- work.
-
-
- Q. What led you to depart from simple prison sentences and
- start to tailor these custom-made sentences?
-
- A. I was a municipal-court judge for two years, and I got
- to know the defendants on a first-name basis, they came in so
- often. I decided that this isn't working.
-
-
- Q. But where do you get these ideas for sentences?
-
- A. I don't know. When you are a judge, there is no bank of
- ideas. You cannot go to your friends and ask them what they
- think you should do. That would be wholly unethical. I sit and
- read the cases and read what other judges have done in similar
- situations and try to think of what is fair and reasonable and
- what makes sense. Sometimes I'll think of the answer while I'm
- driving in my car.
-
-
- Q. Given the fact that so many of your decisions are
- original, even quirky . . .
-
- A. Most of my decisions are mainstream stuff. But whenever
- I do something different, they say, "Oh, there he goes again."
-
-
- Q. What impact does that reputation have on your future as
- a judge?
-
- A. I don't really care. But I know that it has doomed me
- from being elevated to the court of appeals.
-
-
- Q. Why?
-
- A. I'm too controversial. There are plenty of competent,
- bright, solid judges who are not controversial. But I don't have
- any political or judicial aspirations. I'm just trying to do
- the best job I can. I'm happy. I'm 41 years old. Life is too
- short. In nine or 10 years, I'd like to retire from the bench.
-
-
- Q. And do what?
-
- A. Maybe go back to school. Maybe teach. This semester I'm
- taking an art-history course. I like having the time to do
- things I enjoy. When I was a lawyer, I was a junkie for work.
- I would see clients on Sundays. And my wife and I have talked
- about joining the Peace Corps after our children are older.
- They're 13 and 11 now. The house will be paid off by then. How
- much money do you need?
-
-
- Q. Before you were a judge, you had a very lucrative
- practice as a divorce lawyer.
-
- A. We call it family law.
-
-
- Q. Did you ever handle criminal cases?
-
- A. No. So I didn't come to the criminal-justice system
- with any prejudices.
-
-
- Q. Or any experience.
-
- A. That's 100% correct. But you could also say I came with
- a clean slate.
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