Judge Woodcock: We should avoid emotions

*Lawyers are upbeat of justice to all
*Maine has less crime, corruption


By Deus Ngowi

FEDERAL Court Judge, John Woodcock, has warned that if emotions are let to overwhelm everybody, it will be difficult to have a ruling of law.

Speaking to visiting nine Tanzanian journalists in a courtroom before showing them round his chambers, Judge Woodcock said that he and his fellow judges witness a lot of issues, but have to hold down their emotions.

Woodcock, who is a judge in charge of Maine State, appointed by President George W. Bush in 2003, was reacting to a question raised by Adolph Simon Kivamwo, one of the journalists, who had asked what the judge felt like, after sending a man in jail for 210 months. The man was convicted of bullgury and in possession of a firearm.

“The things I do as a judge are very hard. We see much more emotional responses…you see wives, friends, mothers standing up…but what do you do, these (accused persons) have done wrong yet they are sad, they cry and hope that I will be lenient. They are human beings, they have done crimes so they have to accept punishment…if you allow emotions into your head the society will turn emotional,” the judge warned.

The journalists had earlier on attended a court hearing presided over by Judge Woodcock, whereby an accused person, one McCarthy and his advocate, Jeffery Silverstein tried to convince the judge that the accused was required to get clemency. That day was set for ruling, because the issue at court was whether the defendant who had three convictions for bulgary was supposed to be sentenced to a 15 years imprisonment as the law requires.

The judge said that he has practiced law for 26 years and by 2003 he was appointed to be a judge. He said that the position was open, so he applied for it, screening was done and there were recommendations from several senators (including Senator Snow) to the president.

“The appointment is for life – until I breathe my last. I cannot be impeached,” the judge told the journalists, adding that no one can either reduce his salary. Regardless of that, Judge Woodcock said he has no political affiliation, does not feel any pressure from anybody, but acts independently.

As for law and rules with reference to contempt of court, Judge Woodcock said there is such provision in his power, but he has never used it at any time. “But it is good that I have such power,” commented the judge, of a rule which enabled him to land in jail anybody who shows contempt to court.

Speaking about Tanzania, a country from which the journalists come from, Judge Woodcock said he drew interest of studying about the country and its history right from the time of colonialism and of how The Founding Father, Mwalimu Julius Nyerere led the Tanzanians into unity.

“You have a vibrant democracy, it strikes me. Your history tells a lot how Mwalimu Nyerere guided you from colonialism to shining democracy in East Africa. You should be proud of that. You saw what happened in Kenya, there are people pretending they do not know.

“You go back to Tanzania, be example to your society and for your neighbors to follow…that is what I think of Tanzania,” says the judge, adding that he wishes to visit the country, largely revered to as a Land of Kilimanjaro and Zanzibar.

The Judge gave the journalists opportunity to tour his big office, with a lot of law books and references both in hard copy and electronic of law reports. He said that before delivering a judgment, a lot of research is done by him and his aides, so as to establish much needed facts, so as justice can be reached.

Judge Woodcock showed the journalists his modern state of art computer system, through which he can get different facts, track a case that of which decision/judgment has been appealed against, and get to know if his judgment was upheld by the higher court or not.

By its system, United States Federal Court ranks from state court, like that of Maine situated at Bangor. From there, the appeal goes up to three judges (US Court of Appeal Circuit Court at Boston) and finally the matter, if it is to proceed, must be brought to a rest by Supreme Court, a panel consisting of nine judges.

In another setting, each state, like Maine, has its own court system, with a chief justice, dealing only with matters related with the state. The federal judge in the state therefore, deals with matters set out by laws/rules that are referred to as of federal nature.

The journalists also had a time to hear from, and question the Government Prosecutor in Maine, Joe Cassey, who has worked at the station since 2005. He identified himself as a person who at a certain point, had to work so as to pay for his education. A copy boy, he called himself.

Cassey said he prosecutes cases about corruption, drugs, crimes and other offences, but he noted that corruption cases are not many. He said there are six prosecutors, with the judge he referred to as a hardworking. He noted that there are other states which have big cases in corruption, pointing out to a Connecticut case, where a governor was sent to jail after being convicted of corruption.

Speaking at the same platform, Council for the Defendant, Silverstein, said Mainers are lucky to have few crime cases in their state. He said he realizes that there are good people who may enter in trouble and be caught, and that is why he is up to help them.

“They need help to get to the system, they are nervous. So we help them get into the system, know how things happen and avoid penalty and jail…if the prosecution is wrong, I have to say the truth…some people (accused) come to me and say ‘it happened’, I help them through the process and can help him testify,” said the lawyer.