The Michigan Code of Judicial Conduct allows judges to participate in extrajudicial, avocational, and civic activities provided such involvement does not detract from the dignity of the office or interfere with the performance of judicial duties.
In reality, most judges relish the opportunity to be visible in their communities while privately hoping for some favorable press coverage or recognition as a result of their involvement. Last fall, I was presented with an opportunity by my hometown newspaper, the Ionia Sentinel-Standard, that was too good to turn down and I am back again this year, presumably by popular demand.
So just what is this worthy community endeavor that does not diminish the dignity of the judiciary? I write a weekly article in which I pick the winners of 15 high school, college, and professional football games in a contest called “Beat the Judge.” The contest runs for 13 weeks and allows readers the opportunity to pick each game against me for the chance to win a $25 gift certificate from one of the contest’s sponsors (none of which I solicit) that is awarded to each week’s overall winner who picks the most games correctly. One of the games serves as the tie-breaker game and the participants must pick the total points scored for that game.
But wait—there’s more! As appealing as the gift certificate is, all contestants who pick more games correctly than I receive a coveted “I Beat the Judge” bumper sticker to display proudly on their car or refrigerator, and the competition is keen to earn one.
In each article, I write an introductory, football-worthy story and then critique each game, offering a few interesting tidbits about the teams to help the players in making their picks. In 2016 my articles covered many consequential and critical topics, including a synopsis of the Detroit Lions futility dating back to 1957; why it is that Notre Dame, always a media darling, is a habitual offender of being overrated, poorly coached, and over-hyped; how it was possible that Michigan State and Mark Dantonio could fall so far so fast; what in the world “Row the Boat” means; and whether Jim Harbaugh, with his $9 million dollar annual salary, will be able to return Michigan to national relevance.
I must confess that I was a bit skeptical of accepting the offer to bare my “football soul” each week, especially with regard to the local high school teams. The last thing I wanted to do was alienate members of the community (i.e. potential voters) by picking against their grandsons’ teams or offending an already emotionally fragile fan base, as is the case with most Michigan State fans. Although it would have been easy to pander to the local schools in Ionia County by picking their local heroes each week, I tried my best to pick with my head and not my heart.
Honestly, there were times when I had a similar feeling making my picks that I have when I am about to make a decision in the courtroom, knowing that at least half of the parties and those in attendance are going to be mad at me. Nonetheless, I stuck to my convictions. I tried to set the tone for the contest when I concluded my initial article with the quote from Tom Hagen to Sonny Corleone in The Godfather: “This is business, not personal.” Almost all of the participants recognized this.
“Often wrong, but never uncertain,” was how my former law partners John McNamara and John O’Keeffe described me, presumably in jest, while we made our weekly picks for our intraoffice football pool. I maintain that same level of certainty today in making my picks and am correct more than I am wrong. In 2016 I averaged a 12-3 weekly record and am looking to improve on that mark this season.
"Beat the Judge" has given me the opportunity to show the community that I can have fun and be approachable in public. Many times, a player will come up to me and offer some good-natured ribbing about one of my picks. Winners of the bumper stickers are quick to point out that they have beaten me. Heck, my own staff and others in the courthouse hang their bumper stickers at their work stations to rub it in! I, too, am quick to give it back to the players, especially if I have a good week. Suffice it to say, there is plenty of trash-talking to go around. Over the years, I have been accured of being obnoxious in victory and nasty in defeat. I will accept that, but it sure is fun to win, even if it costs me a few votes.