OP-ED: A Plea for Judge Cedric Simpson

by Ryan Hunter

“THOSE WHO KNOW me know I will have my say, when I need to have my say,” said an emotional Judge Simpson during a support rally held in his honor last February. After a week long hearing in March, Simpson finally had his chance to explain why he responded to a late-night call from his intern, Crystal Vargas. Why did Simpson risk so much? Throughout the Judicial Commission hearing, Judge Simpson had his say, and unfortunately for the Judge his word wasn’t enough: On April 28th The Michigan Judicial Tenure Commission concluded Simpson had acted improperly.

The week-long hearing combed through aspects of Judge Simpson’s personal and professional lives. During that hearing, it was confirmed the Judge had in-fact swapped 15,000 text messages with Vargas. In addition, the Judge’s credit card history and house visits between Simpson and Vargas were splayed out in open court. Lefiest Galimore, a local supporter of Simpson, says the JTC ruling has left him with many unanswered questions. A defiant Galimore said, “I still don’t really know what he did wrong? I never saw that smoking gun or had an ‘a-ha’ moment!”

So where does Judge Simpson go from here? While some would consider this event to be a shameful conclusion to an otherwise spotless career, others chose to take a more optimistic approach.

Galimore insisted, “It’s not about how you fail, but how you react to it.”

Galimore was a leading voice some months ago during a rally held in support of the embattled Judge. During that rally, which Simpson attended, speakers urged Washtenaw County citizens to believe in the Judge.

Angered, Galimore asks: “So because he showed compassion for another human being is that supposed to nullify him from being a Judge?”

Now, at the end of the process, Galimore still believes the Judge has a future as a community leader, should Simpson lose his position on the bench.

A judge is supposed to interpret the law, and make decisions based upon the intersecting factors of a case. A good judge has the ability to juxtapose the nature of case with a defendant’s character and criminal history— a Judge can make a difference. This is why we elect certain individuals to the bench, a belief that they will be able to take all these factors into account.

Take for example one case Judge Simpson heard a few years ago, a case involving a young African American boy, a boy was struggling to find his identity. Having struggled through high school, this boy had been bounced around and had barely graduated following a fifth year of high school. Suffering from anxiety, low self-esteem, and depression the boy struggled. As result, the boy adopted a rebellious demeanor and even more rebellious friends.

On a warm August night, after having been laid-off from a minimum-wage job, the boy went to a party and watched several party-goers consume countless drinks, and drugs. As the party drew to a close, the youth decided to drive an intoxicated friend home. On the ride home, the two were pulled over and during this routine stop the two travelers were asked to provide identification. The driver did so, but the intoxicated passenger became belligerent and uncooperative with the officer. The intoxicated passenger alleged he didn’t have any identification and provided the officer with a false name, address and background.

The driver reluctantly co-signed the falsified story. The officer immediately searched the vehicle while the two friends were detained in the back of a police car. Upon discovery of the passenger’s wallet, hidden, the officer ran a background check and discovered the passenger had several outstanding warrants. This fact was something of which the driver had been unaware.

The officer immediately took the wanted suspect into custody. The arresting officer also issued a citation to the driver for failure to cooperate with a police investigation. As the summer gave way to fall, the boy who had self-identified as a “rebel” faced the very real possibility of jail time.

At the start of his trial, clinging to what false sense of pride he had, the boy postured, boasted and demanded a courtroom full of lawyers, court-recorders, and police officers to “respect” his plight. Immediately the judge saw through the young man’s demeanor and instructed the boy to “tuck-in his shirt, and pull-up his pants.” Embarrassed, the boy must have realized that this would be the first time in his young life where he wouldn’t be able to use false bravado to escape consequence.  Immediately the boy shrunk in his father’s sport-coat and dropped the bass out of his voice, listened and complied as the Judge gave this offender a crash-course in courtroom etiquette.

In this courtroom the Judge explained very carefully to the youth what he was facing: one year in a correctional center. The Judge later explained to the youth that he has no business being out so late in the first place, or affiliating with people who showed such little respect for the law, and police officers. The Judge then asked the boy why he had lied for his friend.

“Why did you impede a police investigation?”

The boy began to cry.

“He is my friend, your honor…I don’t know why I did what I did, but I didn’t want to see my friend go to jail.”

The Judge smirked and responded, “well it wasn’t the best choice to make, was it?” He continued, “but I guess I can understand the logic, however wrong it was.”

The Judge then instructed the bailiff to hand the boy a tissue.

Wiping the tears from his eyes, the boy explained to the Court that he wasn’t a student because most of “peers” weren’t students. Puzzled, the Judge asked the boy why he didn’t attempt college, and the boy responded, “I don’t really like homework.”

The Judge then challenged the boy to return to court in 30 days, and to be registered for classes at the local community college by that time. If not, the boy would confront the possibility of jail time.

Later that same afternoon, the boy walked to the local community college and registered for classes. In mid-September, the only class not filled up was Welding 101. When the boy returned to court that October, the Judge asked if the boy had heeded his advice and enrolled in any classes.

“Welding?” the Judge said with a laugh.

The boy replied, “Your honor, you never said what classes you expected! I took the best of what was left.”

The Judge quipped, “You sound like some of the lawyers I deal with.” He continued more seriously, “However, you just passed the hardest test I give people such as yourself. I asked you to register for classes to see if you cared about your future, and now all I can ask is you leave this courtroom and build upon your own future. Case dismissed.”

“Is that really it? I am free to go?” asked the boy.

The Judge said, “Yes, but I want you to approach the bench before you leave.”

The boy timidly approached and the Judge leaned over and said, “I have something I would like to tell you, and I want you to keep this between us!”

With that, the Judge shut off his microphone, and the boy listened intently.

Flash-forward to May 2015. The boy graduated from Eastern Michigan University with a Bachelors of Science in Political Science, and now writes for The Ann Arbor Independent newspaper and covered the trial of Judge Cedric Simpson.

Judge Simpson was convicted in a game of inches. His conviction demonstrates why some people say the system is broken. Americans are protesting a system that they feel is cold, biased, and unjust. The civil unrest that has been categorized by some as “thoughtless destruction.” In truth, it stems from people no-longer feeling the American Justice System works in the interest of its entire people. Judge Simpson actions don’t represent the spoils of the power, but represents the humanity people hope the system would show. Simpson is able to by his very presence is able to prove the Justice system isn’t just “us vs. them.” He provides some of “us” with the idea that he can identify with our struggles, represent the quarters of society that have felt as though the American system has given up on them.

Through the years Simpson demonstrated a compassion for his community, students, and yes, his interns also. This Judge was able to cut through the bad-attitude and low self-esteem of a troubled young-person, and was able to help this person realize their true potential. If this compassion can be qualified as a sort of evil, then the system truly is broken.