Judge Not, Lest Ye Shall Be Judged

Now that I'm finally reading again, see And They Didn't Read This, Either, I of course had to read the novel by Saira Rao, Chambermaid.

Despite the fact that it received a lot of negative press for revealing "court secrets," since I clerked for the 3rd Circuit, it was a must read for me. I just finished it & it was certainly a quick read. However, I was disappointed to find that it was not the deliciously funny book that I would have expected from the write up in Philly Magazine's The Devil Wears Robes:

[A] loose-lipped legal roman clef that follows “Sheila Raj,” a new law clerk for the Third Circuit Court, as she attempts to navigate the Philadelphia office of “power-hungry sociopath” judge Helga Friedman. Law bloggers are buzzing that the bitchy, witchy Helga is a thinly veiled portrait of Third Circuit Judge Dolores Sloviter, whom Rao clerked for from 2002 to 2003. The book details Judge Friedman’s constant yelling, torturous ridicule of her clerks, and startling lack of political correctness, as well as her dislike for one “Judge Adams,” whose husband is running for reelection as mayor. (Cough. Midge Rendell. Cough.)

With a Philly setting, the Inquirer gave it a front page "review," in a piece by Carlin Romano, Novel does no honor to judge:

Does the devil wear polyester - at least at the federal courthouse in Philadelphia?

May it please the readership, we here present the facts in Saira Rao v. The Honorable Dolores K. Sloviter, now stirring big buzz on legal blogs, which include such wiseguy sites as "Above the Law" and "Underneath Their Robes."

Saira Rao, 33, graduate of New York University Law School, daughter of Indian American parents, is a former news producer for Washington's CBS affiliate and Miami's Fox News station. She held a prestigious clerkship from 2002 to 2003 with Judge Sloviter, 75, of the U.S. Court of Appeals for the Third Circuit in Philadelphia.

Rao, who grew up in Richmond, Va., has just published Chambermaid (Grove, $22), a highly entertaining, often insightful, frequently sarcastic and at times extremely nasty first novel about folks at the Third Circuit.

* * * *

Raj describes Friedman as "definitely insane," the "craziest person" at the federal courthouse at Sixth and Market, a "robed rascal who wouldn't hesitate blowing up anybody who failed to give her due respect."

In the world of the federal judiciary, where no lawyer speaks disrespectfully of a judge, this ranks with mooning the Supreme Court during oral argument.

* * * *

Yet over its 272 smart-alecky and sometimes mean-spirited pages, Chambermaid also offers eviscerating portraits of Friedman's secretaries, other clerks, courtroom workers, the courthouse cafeteria, Dunkin' Donuts counterpeople, and elite law students as super-competitive, whiny, risk-averse, hierarchy-obsessed lemmings - Sheila included.

If Friedman is both a witch and a word that rhymes with it, Sheila Raj gives the judge a run for her money. Late in the book, Sheila lies to the ACLU about her experience with Friedman to get a post-clerkship job.

Rao agrees that Sheila Raj is over the top, but makes no apologies for Chambermaid. Chatting at a Greek restaurant in Manhattan, she stresses the serious impetus for her novel: outrage that federal judges aren't held accountable for behavior toward coworkers, and anger that prospective clerks can't get negative information about federal judges because law schools fear the judges.

See also, the positive review from the Pittsburgh Post Gazette and the scathing review by the Los Angeles Times (which concludes: "Despite her ambitions, all Rao proves in "Chambermaid" is that she is untalented in two genres."). My overall view of the book is closer to the latter than the former.

As is evident from the novel, I agree that the world of a judicial clerkship is extremely insular -- there's just the judge, his secretaries & your co-clerks (as well as occasional interactions with other clerks on the court) -- combined with the strict confidentiality requirements regarding case deliberations which precludes much discussion of your job with outsiders. I also think that working on such an intimate basis with such small a group of people tends to exaggerate everyone's eccentricities. Especially when the people involved are all lawyers and Judges!!

Despite this, I was lucky enough to have clerked for a great judge (and I say that without qualification). He is not only dedicated and hardworking, but he's a truly nice person. I think the best testament to him is that his former law clerks (known as the "Weis Guys") still get together for dinner with him when he's sitting in Philly, coming from DC to Vermont for the evening. See Flaunt v. Flout Redux. My former co-clerks, the Judge's secretary and I also remain close all these years later. I do know that not everyone who clerks is that fortunate.

So, I was really looking forward to reading this gossipy, humorous, trashy book about the court. However, Rao's book ended up being a not very well written tale of a whiny, young law school graduate who didn't get the proper deference that she thought that she deserved. Her "fictional" character retaliated with so much venom (disguised as humor) that I ended up feeling badly for those who were forced to deal with her for the year (especially Judge Sloviter). Gratuitously nasty is my favored description for someone like Rao, who treats everyone around her with condescension and disdain, and then wonders why people aren't nice to her, and who is above all narcissistic, with a major sense of entitlement.

I recall, from my own clerkship days, stories of Judge Sloviter being difficult to work with, as they say. I don't doubt that Rao's experience is based in some truth. See, e.g., Law Professor Mike Rappaport, The Clerkship from Hell. On the other hand, the Judge does have her fans, see former clerks, Scott Burris, at Concurring Opinions and Lisa Scottoline. Even if true, Rao's biggest failure is that her descriptions of the Judge (and everyone else she encounters, for that matter) are less funny or amusing than mean and spiteful.

Once the novel manages to get past the whiny moaning & groaning about her year in captivity, and focuses on the deliberations of a death penalty case before the court, it at least gets a bit interesting. It would have helped if it were better written; her writing style needs to get past the instant message stage if she wants to become a novelist.

Regarding Sloviter's personality, I recall that a former co-clerk who interviewed for a Supreme Court clerkship with Justice Rehnquist, made what I have found to be an apt observation: conservatives tend to be nicer on an individual basis, even though their philosophy may not be as kind-hearted (e.g. Justice Rehnquist), while liberals are great in the abstract, but not so nice in person (e.g. Justice Douglas). Based upon that analogy, Judge Sloviter would certainly fit the category of a liberal legal curmudgeon.

I also think it cannot be overlooked that the Judge got into law in the days of few women in the profession, where a tough exterior was absolutely required for a woman to succeed. Even now, women in law (and professional women generally) are viewed differently. I discussed this at length in Let Me Count the Ways. If Judge Sloviter had been a man, would her mannerisms been viewed differently? Chances are good that the answer would be yes.

Finally, I have to add that I think the various articles and blog posts about the novel and Rao have been more fun to read than the novel itself. For more, see Above the Law's entertaining and interesting posts, Judicial Clerkships From Hell: Submissions, Please, For the Record, and Chambermaid: 'Cause We Know You Want Another Post About This (and don't miss the Comments).

Interviews with Saira Rao can be found at Phawker, AUTHOR, AUTHOR: Q&A With Saira Rao and WSJ's Law Blog Q&A: Saira Rao.

Even better than the Rao interview was the (over)reaction of her sister to the illustration accompanying the Phawker interview, see How I Became A ‘Repellant Racist’, The Terror Dentist Weighs In On ‘Repellant Racism’ and FROM THE DESK OF ALEX FINE: The Artist.

Tags: Law, Chambermaid, Saira Rao, books