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A. Look, society needs to know that we take spousal abuse very seriously. And if you are a victim, you should know that we expect you to testify. Now if I say to this woman, "That's O.K., Ma'am, stay away. Who gives a rip?" then what am I really saying to all the other battered women? That their husbands can get away with this. Anarchy is the worst-case scenario. The judiciary is the salvation of a free society. Not me. The system.
Q. Yet you have also argued that the system is broken.
A. But it's still the best thing we have. The system must work.
Q. What led you to depart from simple prison sentences and start to tailor these custom-made sentences?
A. I was a municipal-court judge for two years, and I got to know the defendants on a first-name basis, they came in so often. I decided that this isn't working.
Q. But where do you get these ideas for sentences?
A. I don't know. When you are a judge, there is no bank of ideas. You cannot go to your friends and ask them what they think you should do. That would be wholly unethical. I sit and read the cases and read what other judges have done in similar situations and try to think of what is fair and reasonable and what makes sense. Sometimes I'll think of the answer while I'm driving in my car.
Q. Given the fact that so many of your decisions are original, even quirky . . .
A. Most of my decisions are mainstream stuff. But whenever I do something different, they say, "Oh, there he goes again."
Q. What impact does that reputation have on your future as a judge?
A. I don't really care. But I know that it has doomed me from being elevated to the court of appeals.
Q. Why?
A. I'm too controversial. There are plenty of competent, bright, solid judges who are not controversial. But I don't have any political or judicial aspirations. I'm just trying to do the best job I can. I'm happy. I'm 41 years old. Life is too short. In nine or 10 years, I'd like to retire from the bench.
Q. And do what?
A. Maybe go back to school. Maybe teach. This semester I'm taking an art- history course. I like having the time to do things I enjoy. When I was a lawyer, I was a junkie for work. I would see clients on Sundays. And my wife and I have talked about joining the Peace Corps after our children are older. They're 13 and 11 now. The house will be paid off by then. How much money do you need?
Q. Before you were a judge, you had a very lucrative practice as a divorce lawyer.
A. We call it family law.
Q. Did you ever handle criminal cases?
A. No. So I didn't come to the criminal-justice system with any prejudices.
Q. Or any experience.
A. That's 100% correct. But you could also say I came with a clean slate.