The Grinding Wheels of Justice

by:  Guest Blogger, Rafe Banks

​       Some quick random thoughts prompted by Lawrence Zimmerman’s blog post.  Lawrence’s use of the term “grinding wheels” really struck home with me. 
            I don’t represent as many minorities as a lot of lawyers but I do see a lot of clients who, through circumstance or frankly their own actions, are being ground down by the wheels of the criminal justice system.
            Although I come from a relatively affluent background in a small southern town and had a stellar education, I feel for these people.  Sometimes you look at a situation and say, “That’s just unfair. I need to help.”   For those individuals I can take on a pro bono (or reduced fee) case to assist.  Fortunately, I have partners in the law firm that willingly allow me this privilege.  But pushing back against the grinding wheels is an uphill battle.  
            On occasion, I will run across a prosecutor who recognizes unfairness or the downward spiral the system itself creates.  Probation. Violation of probation.  Jail.  Violation of probation again.  PDC, etc.   I was a prosecutor many years ago and I hope I was able then to see unfairness and the traps the system sets for people.  Those prosecutors exist and I salute them - but they are the exception rather than the rule.
            Judges.  Just as with prosecutors, on occasion I will come across a judge that clearly recognizes unfairness and attempts to do the right thing.  Where there is the will there is a way.  Unfortunately again, this is the exception rather than the rule.  People get plugged into a pre-existing matrix because we have to move our cases along.
         However, even with all of it faults and inconsistencies, we still have the finest system in the world and I am proud to do my little part each day.
 
Rafe Banks