The Judge Roberts Allegations -- Perspectives Of A Roberts Clerk

A former clerk reacts to the news of Judge Roberts's retirement and the allegations of rape.

Judge Richard Roberts

Judge Richard Roberts

DAMN!

Today’s column has very little to do with in-house counsel practice. If you’re looking for tips on how to navigate your in-house career, read no further.

I awoke today to the news that Judge Richard Roberts had resigned from the bench of the U.S. District Court for the District of Columbia. According to the lurid story, he’s being sued by a woman for rape. Surprisingly, he reportedly admitted to having a relationship with the woman/girl, who perhaps even more luridly was a witness in the trial of Joseph Paul Franklin, who independently confessed to shooting Hustler magazine publisher Larry Flynt. [UPDATE: An earlier version of this article said it was the trial of the Flynt shooter and gave the impression the woman witnessed that shooting instead of another shooting Franklin committed.] Not only that, but because the events allegedly took place in Utah, where the age of consent used to be 16 (wink wink), he cannot be criminally prosecuted. Thus, the story has everything — underage sex, rape, a high-ranking federal official — I’m sure the Obama administration is thrilled the story came out the day after a Supreme Court nomination.

This is not a column about schadenfreude or ill wishes. Rather, I clerked for Judge Roberts.

As I used to joke when Judge John Roberts became Chief Justice of the United States, I would have to say to people, “No, not that Judge Roberts.” After today’s story broke, now I have to say, “Yes, that Judge Roberts.” We put our federal judges on the bench for life, and that’s a mighty long time, but I’m here to tell you there’s something else, the skeletons. Oh, the Senate makes noise and circumstance about vetting judges, and presumably the senator or President in charge of the nomination has a team of lawyers or subordinates vetting and looking for anything that could derail the nomination. There’s already no shortage of attempted humor that Bill Clinton pushed through Judge Richard Roberts, who is now accused of misdealings with an underage girl. But really, it’s a sad story all around.

I feel badly for Judge Roberts’s family, especially his children, who now see their father in the national press not for his accomplishments, but rather for alleged misdeeds. I won’t go into detail about my tenure in Judge Roberts’ chambers, other than to say candidly that he was not known as a warm and fuzzy person. The timing of the lawsuit filing is curious, given that Judge Roberts is African-American and our first African-American president just nominated someone to the Supreme Court, who by all accounts should fly through a nomination process. That nomination set off the firestorm of constitutional arguments of whether he should have (he definitely should) and whether the Senate has to offer advice and consent (they do, and should).

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My thoughts are very mixed today, as are my emotions. A clerkship is a very intimate job — one that exposes a young lawyer, or in my case an older lawyer, to the inner workings of the inner sanctum, as it were. Judges have vastly different styles and different ways of practice. Some have their clerks take the laboring oar on drafting decisions while some just want advice now and again. I suppose my overarching point in this column is that you just never know. Judge Roberts is now off the bench due to, at the very least, admitting to terrible judgment as a prosecutor representing the United States, and at worst, committing heinous acts against an underage girl. Judge Roberts is almost certainly finished.

It is certainly not sexy or newsworthy to report on the daily dealings of federal judges in the very difficult tasks they undertake, while under tremendous strain to work through caseloads that to many would be simply overwhelming. Just as it’s not sexy or newsworthy to write about police who don’t shoot unarmed people in the back. The overwhelming majority of people in the positions of power and trust that we give our civil servants perform with dignity and honor and integrity. And that is just not sexy. It is the rare few who either finally get caught, or have a sociopathic behavior system that comes to light. And then the news trucks arrive.

I admit that it is an odd and sad sensation that someone I worked with so closely has had his life altered in such a dramatic fashion. If he did all of what is alleged, he deserves to pay a lot more than a civil settlement. Even if he didn’t, he deserves never to sit on the bench again. I don’t know what will become of Judge Roberts. And to be honest, since the clerkship ended I really haven’t looked back. But this morning when I read the news, I looked at his picture and felt revulsion, that someone I thought I knew, in a position of great power and distinction, was not immune from such behavior. Of course, neither were John F. Kennedy, William Jefferson Clinton, Rudolph Giuliani, and on and on. One becomes almost jaded to hearing such news, but not really — not really.

Earlier: Federal Judge Retires Amid Rape Allegations


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David Mowry is Senior Counsel to a large technology company. The views expressed do not necessarily reflect the company’s position or opinion on issues raised herein.

David is a former litigator, two-time federal clerk, and former Chair of the Association of Corporate Counsel’s New to In House Committee, and is available for speaking engagements. If interested, you may reach him at dmowry00@gmail.com.