Judge Dawson: ‘Your judiciary at your service’

 

story by Michael Tilley
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U.S. District Judge Robert Dawson was clear during a May 2010 conversation about the bullying case he was set to hear in Fayetteville. He was not for having the case drag on for two weeks or more.

“We’ll hear this on Saturdays if we have to.”

They had to.

The first Saturday, however, was commencement at the nearby University of Arkansas. A graduate was a child of a juror.

“Let me tell you about your judiciary at your service,” Judge Dawson said on the Friday night prior to Saturday.

He then explained how the trial would begin at 9 a.m. Saturday morning, with his instructions for everyone to eat a full breakfast because the lunch break would be at 1:15 p.m. At that time U.S. Marshals would escort the juror across town, stick close to the juror during the commencement, and at the first available opportunity, whisk the juror back to the courthouse.

“That’s a once-in-a-lifetime thing,” Judge Dawson said of the commencement. He cocked his head a little to the left in telling the story, and with a grin that held underneath the intersection of dedication to the law and the street understanding of a father, said, “We’re not going to let that (jury duty) cause a juror to miss seeing a child graduate from college.”

Judge Dawson isn’t necessarily magnanimous for the special whisking of the juror. It’s possible that 10 of 10 judges would have done the same. Or maybe 9 of 10 judges would not have had court on a Saturday.

BENCH WORK
Prior to February 2011, Judge Dawson was an active judge on the Western District of Arkansas bench made famous by Judge Isaac C. Parker. With the U.S. Senate confirmation of Fort Smith attorney and now U.S. District Judge P.K. Holmes, Judge Dawson is now able to exercise the “senior status” — meaning he is allowed to cut back to at least 60% of his regular case load — he took Aug. 14, 2009.

On April 2, 1998, Judge Dawson was confirmed by the U.S. Senate, becoming the first judge from Fort Smith to hold the post since John Youmans in 1911. There was little acclimation time for Judge Dawson. He presided over three civil jury trials in June (involving the Americans with Disability Act, a federal Wage and Hour dispute and a gender discrimination and retaliation suit). The first trial had a slight hiccup. A juror didn’t return for the second day.

“When called, he said he didn’t know he had to,” Dawson noted. “Turns out he had mental problems that were not apparent during the jury voir dire. Since then, we make a special effort to advise the jury that they are expected the next day.”

Almost 13 years later, Judge Dawson has presided over more than 4,000 cases, with one-third of those criminal cases. Most of the cases have been heard in the Western District of Arkansas, but Judge Dawson does travel. He has heard cases in the Eastern District of Arkansas, Omaha, St. Louis, Cedar Rapids, all in the 8th Circuit Court of Appeals; and more than 150 cases in the Southern and Western Districts of Texas (5th Circuit) to include Pecos, Laredo and Del Rio.

During one week in Del Rio, Judge Dawson issued 43 criminal sentences.

“These dockets (in Texas) are overloaded and we agreed to help out years ago and we go back a couple of times per year for a week at a time,” Judge Dawson explained. “While I like to think I am asked back because of my ability, the real reason is that I have a pulse and am willing to go.”

HUMOR, STYLE
It’s his self-deprecating humor and unique style that is evident early in a conversation with the judge.

He likes to the tell the story of his early days on the bench when he would encourage those testifying to pull the chair up to the microphone and get comfortable. He often noticed odd looks from the person testifying. Several trials later Judge Dawson was notified by court staff that the chair was bolted to the floor.

He took some heat for banning cell phones in the court room. He was the first federal judge in the system to ban all cell phones. No exceptions.

“I was called ‘backward,’ and a ‘neandertal,’ or a ‘cave man.’ And that was to my face,” Judge Dawson joked. “For a time, the attorneys would say there are two places on earth cell phones are not allowed: this district court and North Korea. … Now, most federal courts are following our rules on that.”

The Judge also is proud of the furniture in his office. Most of it was used by previous judges. A visit to his office will likely include Judge Dawson explaining that Judge So-and-So used this desk and Judge Such-and-Such used this credenza.

“I was able to pull most of the furnishing out of the warehouse … and didn’t have to spend a lot of money on the office,” Judge Dawson explained.

Judge Dawson also types a 2-3 page summary of each case he hears. Not many federal judges do this, he explained. The summary includes law clerk memos, unusual problems, interesting motions and jury notes.

“I think 100 years from now that will be of interest to someone,” Judge Dawson said. “It would have been marvelous if I had his (U.S. District Court Judge John Miller) notes.”

And then there is his decision to not have a secretary so he could have another law clerk. He handles his own admin work, to include organizing files and scheduling.

“I also do my own typing, and the lawyers say it shows,” Judge Dawson said — laughing at himself, again.

LAW CLERKS
Chance Meyer, an attorney based in Fort Lauderdale, Fla., and former Dawson law clerk, said his best memory is of Judge Dawson’s easy-going attitude.

“Judge can be sort of a card, even on the bench. I’ve seen him send defendants to prison for the better part of their lives still grinning about some crack from the sentencing hearing,” Meyer, a graduate of the Tulane University Law School, noted. “I noticed early that Judge strikes a balance between the solemn duty he has to perform and the need to maintain a day-to-day work environment in the courtroom that is a positive experience for those involved. That of course isn’t always possible, but in some courts it seems never to be.”

It is working with and mentoring law clerks in which Judge Dawson has found the most satisfaction.

“One of the things I love the most is I will walk down the hall and hear two of the clerks arguing about some aspect of the law. That’s so wonderful,” Judge Dawson said, almost coming out of his chair to emphasize “wonderful.”

He is amazed with each new clerk at the skills they bring to the office.

“With four clerks we could run the world, but with three we get pretty close,” Judge Dawson said with a grin.

Emon Mahony, son of former Fort Smith-based AOG Corp. president Emon Mahony Jr., said Judge Dawson remained firm even in creating a relatively casual work environment.

“My impression starting out was that Judge Dawson was a smart, careful judge who tried very hard to think through the consequences of his actions,” said Mahony, who now works as an assistant attorney general for Arkansas Attorney General Dustin McDaniel. “He’s also one of the nicest people you will ever meet. That was an impression that was steadily reinforced the entire time I worked there. I also saw how he could be firm, but still polite when he had to be. I really admired his ability to handle difficult lawyers and difficult situations.”

Mahony, also a Tulane University Law School graduate, said watching Judge Dawson handle case management issues represented unique learning moments.

“Trial judges have a great deal of discretion in such matters (case management), and how to deal with those issues is something where law school does not really prepare you,” Mahony explained.

Meyer offered advice for future Dawson law clerks: “I’d just like to mention for the benefit of future staffers that in addition to whatever legal and grammar skills you can bring to bear working for Judge Dawson, any expertise in the areas of television, computer or garbage disposal repair will serve you well.”

TOUGH DECISIONS
Judge Dawson readily admits there is the great potential for stress and personal discomfort in presiding over more than 4,000 cases in 13 years.

“The criminal cases, they are often gut wrenching,” Judge Dawson said during an interview the day after a sentencing hearing in a particularly disturbing child pornography case.

Judge Dawson noted in a written Q&A: “The criminal side of the judgeship bothers me and is something I worry about in every case for the decision from the bench impacts not only the defendant being sentenced, but his or her family, the victims and society in general.”

But he’s learned to not agonize over decisions made, and he confesses to not being troubled when his decisions are overturned.

“I find that comforting. … I’m not the end of the line. There was a time when Judge Parker was the end of the line, but that’s not the case anymore,” he said.

The sentencing of former Wal-Mart executive Tom Coughlin in 2006 was one of the closely-watched cases in which Judge Dawson was not the end of the line. Coughlin, who admitted guilt in wire fraud and tax evasion, faced more than 28 years in prison and fines of $1.35 million. Coughlin’s attorneys argued that their client’s health was too poor to survive a lengthy prison stay. Judge Dawson sentenced Coughlin to 27 months of home detention, five years probation, a $50,000 fine and $400,000 in restitution.

Then-U.S. Attorney Bob Balfe appealed the sentence, and when the 8th Circuit Court of Appeals said the sentence was too light, Judge Dawson added 1,500 hours of community service.

“Coughlin has suffered greatly, for he had it all and squandered his success. For that he is paying the price and will be punished for the rest of his life,” Judge Dawson wrote in his re-sentencing ruling.

In an e-mail interview, Meyer made note of a unique way Judge Dawson addresses a defendant prior to making any decision.

“Judge ends almost all his hearings the same way — by wishing the defendant good luck. I was never sure how many people notice that. It has nothing to do with how Judge will sentence that defendant or rule on his case. I always took it to be Judge briefly stepping out of his role to express a desire for that individual to somehow take a step in the right direction to the benefit of himself and society,” Meyer explained.

JURY SYSTEM
Many of those decisions are made by juries, and that’s fine by Judge Dawson. Of the hundreds of jury trials in which he has presided, Judge Dawson reversed only two jury decisions.

“Without question, we have the best legal system in the world and that is due primarily to our jury system where citizens chosen at random make the decisions as opposed to a judge,” he said.

Judge Dawson’s appreciation of jury trial work was noted by Mahony.

“I think the part of being a judge that he most enjoyed was presiding over jury trials, especially when there were good lawyers involved,” Mahony said.

Good attorneys weren’t always part of the mix. There have been a few who challenged Judge Dawson’s patience.

“Of course you do,” Judge Dawson replied when asked if he was ever tempted to admonish a less-than-capable attorney during a case. “But you can’t do it.”

That said, Judge Dawson was quick to say the attorneys who appear in the Western District of Arkansas “are the best in class” of all the federal districts in which he has presided.

He continues to be pleasantly surprised with court room behavior.

“You’d be surprised how well behaved the attorneys and litigants are, even in the worst of circumstances,” he said.

‘FAIR HEARING’
Although he enjoys working with law clerks, writing case summaries and other aspects of being one of 678 authorized district court judges in the 94 federal judicial districts, Judge Dawson has a “paramount” goal in his work.

“Win, lose or draw, they, the litigants need to know they’ve had their day in court with a fair hearing and an impartial judge,” Judge Dawson said.

Part of that goal is reached by not interfering.

“Coming from a civil trial background as an attorney, I let attorneys try their cases and try to not intervene unless absolutely necessary — litigants and attorneys have enough problems during a trial without the judge attempting to try the case for them,” Judge Dawson noted. “Having said that, I work on trying to not make decisions before it is time to make them especially with reference to objections to evidence being presented. I sometimes anticipate what is coming or what I think is coming and again, I remind myself often to let the testimony develop before any ruling from me.”

Judge Dawson said the best advice he received in how to handle a case was from a senior federal judge in Philadelphia who said in most cases there is “no exact right way or wrong way” to rule.

“You have to make the best decision you can based upon on what is before you and then move on. There is an appellate court available when my decision is felt to be improper and I make an effort to see that a complete record is made before me so that it can be appealed,” Judge Dawson explained.

BOB
The law clerks who worked for Judge Dawson and the many people who have watched his work from the bench all say the Judge has a great ability to be serious about the job without taking himself too serious. Meyer said Judge Dawson to many people in Fort Smith is just, “Bob.”

“After lunch one day, I was waiting to walk across Rogers Avenue with Judge and his staff when a tractor-trailer (one of the many on Rogers and Garrison) passed by. The driver leaned out the window and shouted ‘Is that Bob Dawson? Why don’t you get a real job?’ I was mortified, but Judge smiled and greeted the gentleman, who was clearly a friend,” Meyer explained.

The pre-federal judge Bob was most influenced by U.S. District Court Judges John Miller and H. Franklin Waters. The attorney Dawson had cases before Judge Miller, and received guidance from Judge Waters, who he succeeded on the bench.

“A great deal of my law practice had been in federal court and that was an advantage for me. I also had the benefit of good mentors and role models, both in the practice of law and beginning as a judge,” Judge Dawson said.

And while proud of his time on the bench, the time in private practice has been valuable during his judgeship, Judge Dawson said.

“It was my privilege to practice law for 30 years with the late Hugh Hardin who was thought to be the best trial attorney in this part of the country. Hugh believed strongly in thorough trial preparation and that has served all the attorneys well who were ever associated with him,” he said.

Judge Dawson is quick during an interview to provide the interviewer a quick history lesson of the judges who served before him; he speaks of their impact on the law and, as if it is his first day on the job, how incredulous he feels in following in their legal footsteps.

And it is those legal footsteps in which Judge Dawson finds justification for his practices — especially when asked about the grief he receives over his willingness to hold court on Saturday.

“You know, for Judge Parker, Saturday was just another work day,” Judge Dawson said with a grin.