Category Archives: Washington DC

Hangin’ with Judge Hoffman

POST # 6

This is the sixth in a series of posts recalling what it was like to serve as a law clerk to Judge Julius J. Hoffman during 1967 to 1969.

Sitting on the Seventh Circuit

            Judge Hoffman was always worried about the fate of his rulings in the appellate court, the U.S. Court of Appeals for the Seventh Circuit, which reviewed the rulings of the district courts in the circuit, including ours.

            The Seventh Circuit was made up of appellate judges who sat in three-member panels in a courtroom in the same courthouse as the district court courtrooms.  But, as I recall, the Seventh Circuit courtroom was larger, was on a higher floor than the district court courtrooms, and was grander in every way.  The court, as an appellate court, also conducted its proceedings in a far more rarefied atmosphere than the one that permeated the more rough-and-tumble atmosphere at the trial court level.

            Hoffman was frequently reversed by the Seventh Circuit.  In the process, he was often severely criticized by one or more appellate judges for the way he had conducted a trial or reached a legal conclusion.  The South Holland school-district case was a prime example.  Another example was the Amabile case, in which the Seventh Circuit opinion pointed out how easily Hoffman could have avoided reversal if he hadn’t so adamantly refused to ask the jury about the influence of the media on the jury’s thinking.

            Of course, the “Chicago 7” trial was the leading case in which Hoffman was eventually slapped down by the Seventh Circuit.  (I’ll say much more about that trial soon.)

            In early 1969, despite his spotty record with the Seventh Circuit and several months before the “Chicago 7” trial, Hoffman was asked to sit “by designation” on a panel of the Seventh Circuit.  The U.S. Courts of Appeals were at that time frequently overwhelmed by their caseloads, and they would ask retired judges or district court judges to sit by designation on a panel made up of two regular appellate court judges and one non-regular judge. 

            There was great excitement in Hoffman’s chambers when he was asked to do his bit for the Seventh Circuit.  He was thrilled to play the role of appellate judge for a change.  I’m quite sure that he longed to be appointed to the appellate court (he called it being “kicked upstairs”), but that plum had never been offered him.  At least he could now be Appellate Judge for a Day.

            As senior clerk, I was assigned to assist the judge in this new and challenging role.  So when the briefs in the case he was to hear arrived in our chambers, he asked me to read them and prepare questions he could ask during the oral argument.  This sounded reasonable enough.  He was busy with his routine courtroom work and didn’t want to devote much time to the appellate briefs. 

            Still, I did expect him to scan the briefs and have some knowledge of the issues before the oral arguments would be heard.

            I was myself excited about assisting the judge with his new role as appellate judge.  I hadn’t applied for a clerkship with an appellate court, a clerkship that was (like the role of appellate judge vs. that of trial-level judge) more prestigious than the clerkships I applied for with the Northern District of Illinois.  Looking back, I probably didn’t explore the possibility of an appellate clerkship because I was pretty sure that I had a better chance of getting a clerkship with the district court, when securing even one of those was a challenge for a woman applicant in 1967. 

            I’d therefore resolved that if I was offered a clerkship with the Northern District, which was based in my hometown of Chicago, I would grab it and forgo my inclination to work as a lawyer in Washington, D.C. 

            I’d always been fascinated with being at the center of power in D.C.  But at the time of my last year in law school, Lyndon Johnson had squandered the remarkable record he’d acquired on domestic issues (for example, propelling the enactment of the Civil Rights Act of 1964 and the Voting Rights Act of 1965, and creating the Office of Economic Opportunity) by plunging further and further into the disastrous Vietnam War.  I decided to await the results of the presidential election of 1968 before committing to D.C.  So I was quite happy to accept a district court clerkship in Chicago.

            My own affinity for appellate-level work had been sparked when I participated in my law school’s moot court program, the Ames Competition.  In my first attempt at appellate brief-writing in the fall of my first year, I’d triumphed over a male classmate who was openly miffed that he was assigned to compete against a woman student.  He was overheard complaining that “If you win against a girl, you’ve only beat a girl.  And if you lose to a girl, you’ve been beaten by a girl!” 

            Some of my closest and longest-lasting friendships began in law school, and a great many of them are with male classmates.  But it’s entirely possible that, at that time, there were some others among my male classmates who shared the same misguided notion as my Ames opponent. 

            All of which made my victory especially delicious when I walloped him in moot court.  I earned a higher score from our three male judges, both on our oral arguments and on our briefs.  I almost felt sorry for my opponent.  His lawyer-father had traveled a thousand miles from the Midwest to witness his son’s humiliating defeat.

            Competing in moot court, I discovered my love of brief-writing, and I continued to compete in the Ames Competition as long as I could, hoping to do brief-writing during my career as a lawyer.  As things turned out, I did write appellate briefs during my career, and I went on to teach appellate brief-writing to students at law schools like Northwestern and the University of Michigan.

            The day Hoffman sat on the Seventh Circuit, I was present in the imposing courtroom, perched on a chair just behind the judges.  Once the oral arguments began, the judges were free to interrupt the lawyers with questions, and I had provided Hoffman with a list of challenging questions for both sides. 

            I was shocked when Hoffman finally spoke and revealed his vast ignorance of the legal arguments presented in the briefs. 

            He asked the right questions, of course (I had written them out clearly for him), but he asked them at the wrong time.  Once or twice, he asked a question that a lawyer had already answered, and the lawyer was forced to repeat what he had said a few minutes earlier.

            Hoffman also asked some questions completely out of context, revealing his total lack of understanding of the issues.  As the appellate lawyers struggled to complete their well-prepared presentations, I cringed.  The man was smart enough.  He simply hadn’t bothered to learn anything about the case being argued in front of him, and it showed.

            After the argument, the three judges and their law clerks adjourned to the chambers of one of the appellate judges, and the judges took an informal poll of where they stood.  Once the two appellate judges announced how they were leaning (the two were tentatively in agreement), Hoffman of course jumped in and agreed.  He was then assigned the task of writing the court’s opinion.

            Back in our chambers, Hoffman asked me to write the opinion.  I was excited and eager to bite into the apple of appellate opinion-writing, something I’d never expected to do while working for a trial court judge.  I immediately immersed myself in the law that applied to the case. 

            The law turned out to raise serious constitutional questions.

            The legal issues were complex, and I discovered that I was not completely sold on the outcome the three judges had tentatively agreed upon.  I began going back and forth, one day deciding in favor of the appellant, the next day agreeing with the appellee. 

            Looking for help, I sought out one of the appellate judges’ law clerks.  He was a friend I’d known in law school, and I was sure that he could give me some guidance.  But, like me, he seemed uncertain which way to go, so our brief discussion didn’t help me resolve my internal debate.

            Once or twice, Hoffman asked me how my opinion was coming.  I assured him that I was researching the applicable case law and giving the issues a great deal of thought.  I stated quite clearly that I was deeply involved in pondering these important issues and that I wanted to write an opinion he would take pride in.

            I didn’t see any reason to rush to judgment.  I preferred to think through the issues and come up with a well-reasoned ruling.  Appellate court opinions are often not issued for many months after oral argument.

            But Hoffman’s obsession with speeding through his caseload triumphed over my desire to do a thoughtful and thorough job. 

            One morning I arrived in chambers and was abruptly informed by Hoffman’s secretary that the opinion was written and I no longer needed to do any work on it.  After catching my breath, I asked, “What happened? Did the judge write the ruling himself?”

            Of course not, I was assured.  He had hired someone to write his opinion for him.  Although the secretary didn’t reveal the name of the author, it was a professor at a local law school. 

            So, without telling me, Hoffman had turned the case over to a law school professor, whom he paid out of his own pocket.

            I was astounded.  If Hoffman had given me a deadline (say, “If you don’t write this by June 1st, I’ll have to take it out of your hands”), I would have finished writing an opinion by the deadline.  And it would have been as good as, or better than, whatever the law professor came up with.

            But I wasn’t given any deadline.  After I spent weeks doing difficult legal research and evaluating the merits of the competing issues, the case was yanked out of my grasp and turned over to someone else.

            I never checked to learn how the opinion fared.  Did the two other judges go along with it?  Did the parties appeal to the U.S. Supreme Court?  The truth is that, after the shock wore off, I really didn’t care what happened, so I never bothered to find out.

            Looking back, I probably should have realized that Hoffman desperately wanted to get the appellate case out of the way so he could get back to his everyday routine.  I had assumed that he could separate his appellate court role from his obsession with being in first place in the district court’s statistics.  While he waited for a well-reasoned opinion, he could have speeded through his trial-level caseload the same as always. But I was mistaken on that score.  He couldn’t separate the two roles. 

            In retrospect, maybe I could have proceeded differently.  Maybe I spent too much time going back and forth on the complex legal issues.  Maybe I should have set aside my trial-court responsibilities and focused exclusively on the appellate case.

            I could have simply sat myself down and written an opinion that favored one side or the other.  And been done with it. 

            But I still think that Hoffman was unforgivably wrong to do exactly what he did.

            As disillusioning as so much of my experience with him was, I view this entire episode as one of the worst examples of Hoffman’s high-handed behavior.

Hooray for Hollywood! Part II: I Love Your “Funny Face”

I’m continuing to focus on films that have been relevant to my life in some way.

The film I’m focusing on today is “Funny Face,” a 1957 film starring Audrey Hepburn and Fred Astaire.

I first saw this film at Radio City Music Hall during a memorable trip to Washington DC and NYC, a trip made with my high school classmates, and one that represented the height of excitement in my life at that time.

It wasn’t my first visit to NYC and Radio City.  It also wasn’t my first trip to DC.

My parents had taken my sister and me on a road trip to the East Coast during the summer of 1950, when I was barely conscious and didn’t get a great deal out of it.  I did have a few notable experiences—staying at the St. Moritz Hotel on Central Park West (how did we afford that?) and viewing some astounding sites in DC, mostly from a cab Daddy hired to show us around town. The place I remember most was an FBI museum, where I was frightened by a loud demonstration in which a gun was shot at targets to prove how the FBI dealt with crime. (Not a great choice for a young kid.)

Some other memories include our entering a DC restaurant where the tables were covered with pink “reserved” signs, and one sign was magically whisked away when we arrived.  I later learned that the restaurant used this ploy to prevent people of color from eating there.  The staff would refuse to seat them, telling them that all of the tables were reserved.  Even at a tender age, this struck me as wrong, although I was too young to fully understand the ugliness of this blatant form of discrimination, one I’d never encountered when we ate at restaurants in Chicago.

Another vivid memory:  Strolling through Central Park Zoo in NYC, I asked Daddy to buy me a balloon.  Daddy refused.  I didn’t view my request as unreasonable.  Looking around, I saw all those other kids who were holding balloons.  Why couldn’t I have one?  I was too young to grasp reality: My father was in NYC to search for a new job (which never materialized), and our family budget didn’t permit buying an overpriced balloon.  No doubt the balloon vendors catered to far more affluent families than mine.  But I remember crying my eyes out because of the balloon-deprivation, which seemed so unfair to me.

Finally, I remember viewing a film at Radio City.  It was a poor choice for a family film: “The Men,” starring Marlon Brandon as an injured war veteran.  It was a somber film, and the atmosphere was not made any cheerier by the newsreel (ubiquitous in movie theaters then), featuring the brand-new war in Korea, which had just begun in June.  The Rockettes probably did their thing, but I barely noticed them, too disturbed by the sad movie and the scary newsreel.

Fast forward a bunch of years, when I joined my high school classmates on a school-sponsored trip to DC and NYC, during which our group of rowdy teenagers disrupted life for countless locals.  Standing out in my memory is a concert held at the Pan American Union Building, a beautiful Beaux-Arts building in DC, where my silly friends and I began to stare at a mole on the back of a young woman sitting in front of us.  Our adolescent sense of humor led us to start laughing, and once we started, we of course couldn’t stop.  Other concert-goers were probably horrified.  But something else I can’t forget:  The concert included a brilliant rendition of Mussorgsky’s “Night on Bald Mountain,” a piece I’ve loved ever since.

Moving on to NYC, where we were bused to an odd assortment of sites, we finally arrived at Radio City. The film that night was one of Hollywood’s new blockbusters, “Funny Face.”  Surrounded by my friends, whispering and laughing throughout, I barely focused on the film, certainly not enough to remember it very well.  But when I recently re-watched it on TCM, I found it completely delightful.  (Thanks, TCM, for all of the classic films I’ve watched on your channel.  Please keep showing them!)

In the film, which features a number of Gershwin tunes (including “Funny Face” and “S’wonderful”), Audrey Hepburn stands out as the radiant star she had become, while (in my view) Fred Astaire recedes into the background.

The movie’s storyline focuses on a NYC-based fashion magazine like Vogue, dominated by an aggressive editor played by Kay Thompson (much like the editor played by Meryl Streep years later in “The Devil Wears Prada”).  The editor (Kay) insists on major changes at the magazine and demands that her favored photographer, played by Astaire (Fred), help her effect those changes.  (His character is based on the renowned photographer Richard Avedon.)

Their search for a new look for the magazine improbably leads them to a bookstore in Greenwich Village, where Hepburn (Audrey) is the sole salesperson, the owner being off somewhere doing his own thing.  When Kay proposes that Audrey be the new face of her fashion magazine, Audrey—garbed in neutral black and gray– ridicules the whole concept of such a publication (it features, in her words, “silly women in silly dresses”).  But when Kay’s offer includes a trip for her to Paris, Audrey decides to go along with the idea.  She’s always wanted to see Paris!

Kay, Fred, and Audrey arrive in Paris about 15 years before my own first trip there.  But when the film begins to roam through the highlights of the city, I easily recognize the many breathtaking scenes I saw for the first time in 1972, including the view from the top of the Eiffel Tower.  (I’ve luckily returned to Paris many times, and the city and all that it offers still thrill me.)

As a teenager, I had a high regard for “fashion.”  My family’s business–women’s fashion-retailing–probably had something to do with it.  Peer pressure also played a role.  Some of my classmates were obsessed with pricey clothes, like cashmere sweaters with matching skirts, and even though I wasn’t in the same income bracket, their obsession couldn’t help rubbing off on me.  At least a little.  My place in the world just then probably accounts for my somewhat detached view of Audrey as someone who spoofs the fashion industry, at least at first.

Once the story gets underway, “Funny Face” offers a wealth of imaginative episodes.  The writer, Leonard Gershe, whose writing is clever and surprisingly not extremely dated, was Oscar-nominated for best writing, story, and screenplay.  Gershe came up with a whole lot of scenes that highlighted Paris.  A special scene takes place after Audrey goes off on her own, and Fred is sent out to track her down.  He finally finds her in a small café on the Left Bank, where she launches into a stunning dance set to jazz music.  (You may already know that Audrey had a background in dance.  She studied ballet as a teenager in Amsterdam and later studied it in London.  She then began performing in West End musical theater productions and went on to star on Broadway in a non-musical performance of Gigi in 1951.  She reportedly turned down the same role in the 1958 film.)

The jazz dance scene in “Funny Face” became famous a few years ago, when Gap used a portion of it in one of its TV commercials.  (As I recall, Gap was promoting the sort of black pants Audrey danced in.)  A controversy arose during the filming of this scene in “Funny Face.”  Audrey wanted to wear black socks while director Stanley Donen insisted that she wear white ones.  In an interview Donen gave shortly before his death, he explained why. The white socks would highlight her dancing feet while black ones would fade into the background.  Donen succeeded in persuading Audrey to see things his way, and the dance scene is now film history.

Without elaborating on the plot, I’ll point out that Audrey’s storyline has an interesting focus on “empathy,” a concept that has gained a foothold in popular culture in recent years.  (I attribute some of that to Barack Obama’s focus on it, something I picked up on when I first heard him speak to a group of lawyers in Chicago in 2002, when he was still an Illinois state senator.)

Dance highlights in the film include not only Audrey’s jazz dance scene in the Left Bank café but also Fred’s dance scene with an umbrella and a coat lining that transforms into a cape.  The two leads share at least two memorable dance scenes, including the closing scene set in a charming landscape outside a Paris church.

Notably, after Audrey leaves NYC for Paris, she poses all over the City of Light in clothes designed by Givenchy, who became her favorite designer, and whose designs for this film seem timeless.  Also notably, she wears shoes with heels, but they’re invariably very low heels.  These became her favorite style of footwear.  (For some of the “inside Audrey” comments made here, please see my earlier blog post, “Audrey Hepburn and Me,” published on August 14. 2013.)

Finally, the age difference between Audrey and Fred is stark.  She was 28 while he was 58—and looked it.  Despite his agile dancing, he was an unlikely man for her to fall in love with.  But then Hollywood often paired her with much older men.  The all-time creepiest example was Gary Cooper in Love in the Afternoon.  (You can find my earlier comment on this topic in my 2013 blog post.)

In sum, “Funny Face” is a glorious film, featuring a radiant Audrey Hepburn, a clever storyline, and countless scenes of Paris.  The Gershwin songs and the wonderful dancing, which blend almost seamlessly into the story, lead to a stunning result.  Even though I didn’t fully appreciate it in 1957, the memory of seeing it back then has stayed with me for the past six decades.  Seeing it again made me realize just how “’s’wonderful” it really is.

 

 

 

The Demise of the Flip Chair

It’s gone.  The not-so-badly worn, crumbs-in-its cracks, cocoa-brown chair faded in spots by the sun.  Our venerable flip chair is gone.

The flip chair followed us from the day I first found it on the spiffy North Shore of Chicago to a student’s studio apartment in DC.  And later, from three different apartments in Cambridge, Mass., to a charming one-bedroom in San Francisco.

And now it’s finally gone.

The chair served us well.  I discovered it at an estate sale in a posh section of Winnetka, Illinois, inside a grand house on a private road near the lake.  It was in perfect condition, and I thought it would be useful as an extra chair, just right for my daughters’ sleepover guests because it could flip out from its chair-like position into a bed.  A single-size bed that would turn out to be quite comfy.

One of my daughters first used it when her friend Katie stayed overnight and slept on the flipped-out chair.  Katie was a nice young girl, but she wasn’t the sharpest knife in the drawer.  After she went home, we found she’d left behind a copy of Teen Beat magazine.  My daughters, who didn’t relate to Teen Beat’s focus on vapid teenage idols, leafed through it, and none of us could help laughing when we saw that Katie had underlined certain stories.  Underlining stories in Teen Beat?  Our scoffing reaction was probably unkind, but we made sure that Katie never knew.  I think we called and offered to return her magazine, but I don’t think she took us up on it.

Other young friends slept on the chair once in a while, so we held onto it, figuring it might continue to be useful.  It finally justified its existence years later, when my younger daughter (I’ll call her Laurie) left to study law at Georgetown in DC.  We rented an SUV, stuffed it with her possessions, and stuck the flip chair into the mix.  When we arrived, it happily fit into the studio apartment she rented in Dupont Circle, and I slept on it myself a couple of times.  It was comfy indeed.

After law school, Laurie began work as the law clerk for a judge in Boston and rented an apartment in Cambridge.  The flip chair joined her there, and it went on to reside in two other apartments in Cambridge before Laurie moved to a one-bedroom in San Francisco.  There, placed next to a window in her living room, the chair basked in the California sun, its color fading.

I sat on it occasionally, but it wasn’t a great chair for sitting.  We clung to it, thinking it might serve once again as an extra bed for visitors.  But things changed dramatically about a year ago when Laurie’s new baby arrived on the scene.  The flip chair stayed in its place by the window, continuing to fade, while no one ever used it as a bed.

As the year went along, it became clear that Laurie needed to make room for some essential things for her baby.  Some of the old stuff had to go.  Beginning with two skinny chairs and a dented metal wardrobe, then a creaky IKEA chest of drawers and an unwieldy suitcase—all were set outside for takers driving by her apartment building.  And finally, the bell tolled for the flip chair.

Two days ago, Laurie shoved the flip chair into her elevator and carried it to the sidewalk outside her building, where a lucky scavenger could seize it and get a few more years out of it.  In its place is a large play yard for the baby, filled with a heap of his books and toys.  Clearly a much better use of the space where the flip chair once sat.

And so we said goodbye to the valued but largely ignored flip chair.  It won’t be missed, but it will be remembered as a quasi-member of the family, one whose tenure in our homes had finally come to an end.

A Snowy April 1st

On the morning of April 1st, The New York Times reported that the city had woken up to an April snowstorm, “with about 5 inches of snow expected to produce slushy streets and a tough morning commute.”  The storm followed a string of storms that had hit the East Coast in March with heavy snows and damaging winds.

This New York story about snow on April 1st reminded me of another April 1st snowstorm:  The one in Chicago that changed my life.

In the spring of 1970, I was already questioning whether I wanted to spend another year in Chicago.  My work at the Appellate and Test Case Division of the Chicago Legal Aid Bureau had its good points.  I was co-counsel with a lawyer at the Roger Baldwin Foundation of the ACLU (who happily became a lifelong friend) in a case challenging the restrictive Illinois abortion law, a law that made any abortion nearly impossible for all but the most affluent women in Illinois.  Our case was moving forward and had already secured a TRO allowing a teenage rape victim an emergency abortion.  A great legal victory!

But the rest of my life was at a standstill.  I was dating some of the men I’d met, but I hadn’t encountered anyone I wanted to pair up with.  In fact, I’d recently dumped a persistent suitor I found much too boring.  Relying on old friendships led to occasional lunches with both men and women I’d known in school, but the women were happily married and had limited time for a single woman friend.  I tried striking up friendships with other women as well as men, but so far that hadn’t expanded my social life very much.

I also haunted the Art Institute of Chicago, attending evening lectures and lunchtime events.  The art was exhilarating, but good times there were few.  When I turned up for an event one Sunday afternoon and left a few hours later, planning to take a bus home, I was surprised to see almost no one else on Michigan Avenue, leaving me feeling isolated and (in today’s parlance) somewhat creeped-out.  (In 1970 Chicago hadn’t yet embarked on the kind of Sunday shopping that would bring people downtown on a Sunday afternoon.)  Similarly, I bought tickets for a piano series at Symphony Hall, and a series of opera tickets, but again I many times felt alone among a group of strangers.

I still had lots of family in the area.  But being surrounded by family wasn’t exactly what I was looking for just then.

So although I was feeling somewhat wobbly about staying in Chicago, the question of where to settle instead loomed large.  When I’d left law school three years earlier and assumed a two-year clerkship with a federal judge in Chicago, I’d intended to head for Washington DC when my clerkship ended.  But in the interim Tricky Dick Nixon had lied his way into the White House, and I couldn’t abide the idea of moving there while he was in charge.

My thoughts then turned to California.  I’d briefly lived in Los Angeles during 8th grade (a story for another day) and very much wanted to stay, but my mother’s desire to return to Chicago after my father’s death won out.  Now I remembered how much I loved living in sunny California.  A February trip to Mexico had reinforced my thinking that I could happily live out my days in a warm-weather climate instead of slogging away in Chicago, winter after Chicago winter.

So I began making tentative efforts to seek out work in either LA or San Francisco, cities where I already had some good friends.

What happened on April 1st sealed the deal.  I’d made my way to work that morning despite the heavy snow that had fallen, and I took my usual ride home on a bus going down Michigan Avenue to where I lived just north of Oak Street.  The bus lumbered along, making its way through the snow-covered city, its major arteries by that time cleared by the city’s snow plows.  When the bus driver pulled up at the stop just across Lake Shore Drive from my apartment building, he opened the bus’s door, and I unsuspectingly descended the stairs to emerge outside.

Then, it happened.  I put a foot out the door, and it sank into a drift of snow as high as my knee.  I was wearing the miniskirts I favored back then, and my foot and leg were now stuck in the snow.  The bus abruptly closed its door, and I was left, stranded in a snowbank, forced to pull myself out of it and attempt to cross busy Lake Shore Drive.

On April 1st.

Then and there I resolved to leave Chicago.  No ifs, ands, or buts about it.  I made up my mind to leave the snow-ridden city and head for warmer climes.

And I did.  After a May trip to the sunny West Coast, where I interviewed for jobs in both Los Angeles and San Francisco (with kind friends hosting me in both cities), I wound up accepting a job offer at a poverty-law support center at UCLA law school and renting a furnished apartment just across Gayley Avenue from the campus.

The rest is (my personal) history.  I immediately loved my new home and my new job.  Welcomed by friends, both old and new (including my brand-new colleagues at UCLA), I was happy to have left Chicago and its dreary winters behind.  And six weeks after arriving in LA, I met the wonderful guy I married a few months later.

What happened next?  I’ll save that for still another day.  But here’s the take-away:  a snowstorm on April 1st changed my life.  Maybe it can change yours, too.