From 'Perry Mason' to 'Robe Rage': Judge Janis Gordon of DeKalb County State Court
Our latest subject of "Questions for the Bench" discusses how she knew when it was time to leave the federal prosecutor's office.
February 27, 2020 at 01:50 PM
9 minute read
Judge Janis Gordon of DeKalb County State Court graduated from Emory University in 1975 and received an M.A. degree in political science from the University of Chicago in 1976. In 1979, she graduated from Duke University School of Law. She spent the next 23 years prosecuting complex multi-defendant criminal cases in the U.S. attorney's office in Atlanta. In 2002, Gov. Roy Barnes appointed her to the DeKalb County State Court bench.
What prompted your interest in becoming a lawyer?
Believe it or not, when I was a little girl my dad and I used to watch "Perry Mason" on television every evening. After just a few episodes I knew that I wanted to become a criminal defense attorney, and I rarely missed the show. My commitment to seeking justice developed a bit later, after I became old enough to develop social awareness.
How'd you come to work at the U.S. attorney's office?
From my days watching "Perry Mason" and growing up in a time of great social upheaval and change, I had decided that I wanted to be the world's greatest criminal defense lawyer. At that point, my professors at Duke Law School convinced me that I needed to see the world from inside a prosecutor's office first. Based on that sound advice, I sought and obtained a summer internship at the U.S. attorney's office in Atlanta. During my internship, I met many wonderful prosecutors and made many wonderful friends, including Julie Carnes and Gerrilyn Brill, who were instrumental in convincing me to stay and in helping me obtain a full-time offer right out of law school (it was a different world then!). And I worked there for 23 years.
How hard is it to deal with the facts behind violent crimes every day, as you did for many years as a federal prosecutor?
For me, it wasn't that hard to deal with the underlying facts of my criminal cases. The key is to compartmentalize. I always realized that, if I let my emotions rule the day, I could not succeed in my job. There were other professionals whose job it was to support and address the emotions of victims. My job was to organize and present the cases in court in a compelling and convincing manner without emotion. The only times emotion took over were when I had to deal with threats that made me worry about my children.
What led you to seek a post on the bench?
There were actually two things that led me to seek a post on the bench. First, in 2002, I prosecuted a RICO case against a large group of pimps who prostituted children on the streets of Atlanta. That prosecution was the first of its kind in the United States, and it was very successful. I still view it as the most important thing I have ever done in my professional life. Considering that this prosecution was the pinnacle of my career, I just didn't see that there was anywhere else for me to go as a prosecutor.
But second, and perhaps more important, there comes a time in life when, due to either age, experience, or both, an advocate develops a greater knack at seeing "the bigger picture." I had gotten to the point where I thought my talents would be better used as a referee, or mediator, rather than as an advocate. Particularly at the state court level, I am dealing with mostly good people who simply made one or two bad choices, and I am able to design outcomes that put them on the path to making better choices for themselves. In short, I found my job as a federal prosecutor very fulfilling at the time, but for the past 17 years I have found my job as a state court judge even more fulfilling.
What are the best and worst habits of lawyers you've experienced in your courtroom, and how can lawyers in the latter category improve?
The best habits a lawyer can develop are punctuality, professionalism and candor. The worst habits include being nasty and inconsiderate, taking advantage of younger attorneys and not being candid with the court. It's not that difficult to be nice, professional, helpful to younger attorneys (we were all there once upon a time), and to be honest and forthright. The most important thing an attorney has is his or her reputation, and inappropriate conduct will be noticed and discussed by judges as well as fellow attorneys. A good policy, which I applied when I was practicing law, is that, if you don't want others to read about it on the front page of the Daily Report, you shouldn't do it.
You have served on the Georgia Board to Determine Bar Fitness. What has surprised you, if anything, about the applications that have required close scrutiny and, possibly, rejection?
I take my work on the Board to Determine the Character and Fitness of Bar Applicants very seriously. What has surprised me the most is the lack of candor demonstrated by a small number of applicants, to their law schools, the board and to the hearing officers, if an official hearing takes place. An applicant is rarely rejected due to past indiscretions, so long as there is sufficient evidence of rehabilitation. However, minimizing those indiscretions, or in some instances totally denying them, can result in a negative outcome. As with all things in life, often the cover-up is worse than the crime.
We've heard it said that the practice of criminal law is more "civil" than civil litigation. Having served as a prosecutor and presided over civil cases, what's your observation?
I always found the practice of criminal law in the federal system to indeed be civil. Attorneys treated each other with respect and were open and honest with each other, even in the midst of advocacy. From my perspective on the bench, although most civil attorneys are professional with one another, occasionally there are attorneys who are disrespectful to each other, who make uncalled for accusations instead of trying to work things out, and whose conduct is more reminiscent of a bar fight than professional advocacy. Before becoming a judge, I expected that arguing over prison terms would be more intense than arguing over money. I have learned that that's not necessarily the case, but fortunately only in rare instances.
As a prosecutor more than 18 years ago, you were involved in fighting human trafficking, yet the problem persists. What do you think needs to change?
I probably shouldn't comment on this, because there is the potential that these types of cases will come before me in my role as a judge. But I will say that this is an international problem and that, while federal and local prosecutions are important, fighting human trafficking really requires international cooperation and intervention.
You started a program to help men serving time for domestic violence avoid abusing partners when they are released. How effective is the treatment in changing these people's behavior?
A sentence in a domestic violence case typically involves requiring the defendant to complete a 24-week domestic violence intervention program. I have been told that statistically these programs reduce recidivism. While most defendants complete these programs on probation, there are a small group of defendants that serve a substantial time in jail, where these programs weren't offered. When cy pres funds from a civil class action case became available, I started a domestic violence intervention program in the DeKalb County Jail, called SAFE, with the hope that recidivism rates would be reduced for incarcerated individuals as well. Unfortunately, after three years the money ran out, and the program was discontinued.
Is there anything else, personal or professional, you'd like to share with our readers?
One of the most meaningful things I do as a state court judge is to run a program called Alternative Paths for Women, a free program that helps young female offenders make better choices. We have female speakers who themselves had troubled pasts, but who overcame those difficulties and now lead successful productive lives. The participants are exposed to different options and through this program are inspired by the success of others who were at one time similarly situated. We've even had a few participants contact us years later, volunteering to be speakers. I can't tell you how rewarding this has been.
I have also been active over the years with the Council of State Court Judges. For many years, I was chairperson of the Education Committee, which runs the educational programs for state court judges. Following that, for several years I was chairperson of the New Judge Education and Mentoring Committee, which runs the training for new judges. In addition, I have written dozens of political and professional parodies, which have been performed at our judicial conferences, by myself and a group of judges known as "Robe Rage."
If you know a judge—or you are one—whose story needs telling, please email your suggestion to Jonathan Ringel at [email protected].
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