Tag Archives: Clackamas County OR

Time of My Life, Part 28: Probing a judge’s temperament

I had been on the job for about a year in 1978 when I got an assignment that got my juices flowing. I worked as a general assignment reporter for the Oregon City (Ore.) Enterprise-Courier.

Then my editor handed me a task. He had heard reports about a Clackamas County district judge that he thought needed attention.

The judge, Robert Mulvey, had been accused by lawyers who appeared in his court of lacking proper “judicial temperament,” which means that he was overly harsh on lawyers, witnesses, jurors and anyone he happened to encounter in the courthouse.

This would be my first investigative assignment for the newspaper. I began talking to defense counsel, prosecutors, courthouse staffers, sheriff’s deputies, fellow elected officials. They all said essentially the same thing: Judge Mulvey was a tough customer.

Indeed, I later found out that lawyers had filed complaints with the Oregon judicial conduct commission, which was empowered to hand down assorted forms of discipline or punishment to judges or lawyers about whom it received complaints.

I was able to talk to some of the legal eagles who had filed complaints against Mulvey.

I compiled a lot of evidence that the concerns that came across my editor’s desk had merit.

Then came the tough part: I had to speak to Judge Mulvey himself to get his side of the story. Fairness required me to do so. I did.

It was fascinating to me then — and it is now as I look back more than 40 years later — that Mulvey was so willing to talk about the accusations that his legal peers had leveled against him. He was a complete gentleman. He answered my questions directly. I don’t recall him denying any of the allegations that others had provided. He did explain himself fully.

I put the story together. It was a highly critical account of the way the judge adjudicated legal matters in the courtroom. It provided a stern look at his conduct and how poorly he treated those who stood and sat before him.

Judge Mulvey took it like a man.

Then came the clincher. Not long after the story saw print, Robert Mulvey died. Then the editor who assigned me to write the temperament story said I needed to call the judge’s wife to get a comment or two about her newly departed husband for a “news obituary” we published about the judge’s death.

My gut churned. I was nervous beyond belief. I called her. Told her my name and why I wanted to talk to her.

Mrs. Mulvey could not possibly have been nicer or more generous with her time.

It was, all in all, an amazing conclusion to an equally amazing task I had performed.

Sen. McCain won’t get bulldozed

I couldn’t help but think of a man I used to know way back when.

The late Bill Brooks was sheriff of Clackamas County, Ore. He got appointed to the job in 1983 after Paul McAllister resigned. Almost immediately after being appointed, Brooks announced he would seek election the next year.

I asked him about the swift announcement of his election campaign, to which Brooks responded: “If I didn’t run for election, I’d be bulldozed … and I don’t bulldoze worth a s***.”

Brooks was elected in 1984 and re-elected in 1988.

Why think of Sheriff Brooks today? Because I read an essay by another crusty fellow, Republican U.S. Sen. John McCain, who penned a piece in the Washington Post in which he declared that he doesn’t work for Donald J. Trump.

McCain’s essay calls for a return to “regular order” on Capitol Hill and he has an answer for Trump’s effort to bully Congress to do his bidding. McCain writes:

We must respect his authority and constitutional responsibilities. We must, where we can, cooperate with him. But we are not his subordinates. We don’t answer to him. We answer to the American people. We must be diligent in discharging our responsibility to serve as a check on his power. And we should value our identity as members of Congress more than our partisan affiliation.

Do you know what I read in that passage? It is that McCain is about to be “bulldozed” by the president of the United States.

Read the essay here.

McCain goes on to point out the obvious, which is that Trump became president with zero government experience, or even exposure to government operations.

He is highly critical of Trump, who he calls “impulsive” and often ignorant of the details of policy. He said Congress must step up and do its job as set forth in the Constitution. He writes: That has never been truer than today, when Congress must govern with a president who has no experience of public office, is often poorly informed and can be impulsive in his speech and conduct.

I believe the former sheriff who I covered as a reporter and editor in Oregon — and with whom I became a friend — would be proud of Sen. McCain standing up to the threat of a presidential bulldozer.