The Racketeer

Virginia, which includes everything from Richmond north. The Southern District covers Roanoke, Lynchburg, and the massive sprawl of the Virginia Beach–Norfolk metro area. Before Fawcett’s passing, there were twelve federal judges working in the Southern District, and thirteen in the Northern.
    I have met several inmates here at Frostburg who were sentenced by Fawcett, and without seeming too curious, I quizzed them about him. I did this under the guise of actually knowing the judge, of having tried lawsuits in his court. Without exception, these inmates loathed the man and felt as though he had gone overboard with their sentences. He seemed to especially enjoy lecturing the white-collar guys as he passed judgment and sent them away. Their sentencing hearings generally attracted more press, and Fawcett had a massive ego.
    He went to Duke as an undergrad and Columbia for law school, then worked at a Wall Street firm for a few years. His wife and her money were from Roanoke, and they settled there when he was in his early thirties. He joined the biggest law firm in town and quickly clawed his way to the top. His father-in-law was a longtime benefactor to Democratic politics, and in 1993 President Clinton appointed Fawcett to a lifetime position on the U. S. District Court for the Southern District of Virginia.
    In the world of American law, such an appointment carries tremendous prestige but not a lot of money. At the time, his new salary was $125,000 a year, about a $300,000 cut in pay from what he was earning as a hardworking partner in a thriving law firm. At forty-eight, he became one of the youngest federal judges in the country and, with five kids, one of the most cash-strapped. His father-in-law soon began supplementing his income, and the pressure eased.
    He once described his early years on the bench in a long interview in one of those legal periodicals that few people read. I found it by chance in the prison library, in a stack of magazines about to be discarded. There are not too many books and magazines that escape my curious eyes. Often, I’ll read five or six hours a day. The computers here are desktops, a few years out-of-date, and because of demand they take a beating. However, since I am the librarian and the computers are under my control, I have plenty of access. We have subscriptions to two digital legal research sites,and I have used these to read every opinion published by the late Honorable Raymond Fawcett.
    Something happened to him around the turn of the century, the year 2000. During his first seven years on the bench, he was a left-leaning protector of individual rights, compassionate with the poor and troubled, quick to slap the hands of law enforcement, skeptical of big business, and seemingly eager to chastise a wayward litigant with an extremely sharp pen. Within a year, though, something was changing. His opinions were shorter, not as well reasoned, even nasty at times, and he was definitely moving to the right.
    In 2000 he was nominated by President Clinton to fill a vacancy on the Fourth Circuit Court of Appeals in Richmond. Such a move is the logical promotion for a talented district court judge, or one with the right connections. On the Fourth Circuit, he would have been one of fifteen judges who considered nothing but cases on appeal. The only rung higher than that is the U.S. Supreme Court, and it is not clear if Fawcett had that ambition. Most federal judges do, at one time or another. Bill Clinton, though, was leaving office, and under something of a cloud. His nominations were stalled in the Senate, and when George W. Bush was elected, Fawcett’s future remained in Roanoke.
    He was fifty-five. His children were already adults or in the process of leaving home. Perhaps he succumbed to a midlife crisis of sorts. Maybe his marriage was on the rocks. His father-in-law had died and left him out of his will. His former partners were getting rich while he toiled away at workers’ wages, relatively speaking. Whatever the reason, Judge Fawcett became a different man on the bench. In criminal cases, his sentencing became erratic and far less compassionate. In civil cases, he showed much less sympathy for the little guy and sided time and again with powerful interests. Judges often change as they mature, but few turn as abruptly as Raymond Fawcett.
    The biggest case of his career was a war over uranium miningthat began in 2003. I was still a lawyer then, and I knew the issues and