Judge Maureen Duffy-Lewis, students and observers, including Judge Evgeni Georgiev, second from right.
Photo: Gabriel Hershman
We are in Los Angeles Superior Court for a murder trial. The victim was a faded producer on the brink of a comeback, gunned down in his Hollywood mansion allegedly by a jealous rival because he plagiarised his idea for a successful TV show.
A film star who shall remain nameless (shielded from prying eyes behind large shades), the shaken lover of the deceased, as well as police officers and forensic experts, are all due to testify. The Sofia Echo has exclusive access and a ringside seat to what could rank – alongside the OJ Simpson and Phil Spector trials – as one of Hollywood’s biggest.
Presiding is Judge Maureen Duffy-Lewis, a specialist in civil and criminal law. The prosecution and defence make initial statements before locking horns, duelling over legal technicalities and alleged "misleading" of witnesses. Duffy-Lewis, a stern but steadfastly fair presence in the court room, makes rulings between the (mutually respectful) legal cut and thrust.
At the end of the case of The People v Palmer, the defendant is convicted and led away. By my watch it took just a little more than three hours to convict Mr Palmer of first-degree murder. That’s the way!
Just one minor catch. The trial in question is entirely fictitious – albeit a composite of real cases – the "attorneys" are law students at Sofia University and the "court" is, in fact, a conference room in the faculty on the second floor. And the judge? She, on the other hand, is a bona fide Los Angeles Superior Court judge. With her telegenic appearance and penetrating stare, I’m sure that Duffy-Lewis could rival Judge Judy for TV stardom if she so chose.
Educational exchange Duffy-Lewis has been teaching law students a course entitled "criminal and civil law in the trial courtroom" since October 2009. She is in Sofia as part of the Fulbright Bulgarian-American commission for educational exchange. Most funding for the Fulbright exchange comes from the US government ($700 000) but, as of 2009, there is also an annual contribution from the Bulgarian Government of $140 000.
The Fulbright programme administers the exchange of Bulgarian and American scholars, students, teachers, school administrators and professionals. It also disseminates information about opportunities for study, research, teaching and lecturing in the US.
Duffy-Lewis lost a lot of money by forsaking the LA court for five months, so you have to admire her sacrifice in coming to Bulgaria. As a member of the Los Angeles Superior Court, the world’s single largest bench, and hailing from a country with far greater transparency in its judicial proceedings, some may see it as an unusual decision to come to Sofia.
This, after all, is the European Union’s "black sheep", a place where accusations of corruption hang like an ever-present sword of Damocles over the judiciary and where convictions of organised criminals have been notoriously rare. For Duffy-Lewis, however, who was attracted by the idea of coming to a fledgling EU member state, the whole experience has been "thrilling". Poise and gravitas The mock-trial, all of which took place in (excellent) English, is part of the students’ finals and takes place a couple of weeks before Duffy-Lewis’ departure. Witness the students presenting evidence, based on (fictitious) facts presented to them, I was hugely impressed by their maturity, command of legal jargon and ability to rebut evidence quickly.
Pessimists about Bulgaria’s future beware; once these bright young aspiring Perry Masons have fully mastered their remit and banished a few understandable nerves they will be more than a match for the world’s best.
All the "actors" in our courtroom drama were excellent, in particular Radostin Deyanov (a fourth year law student) and Maria Andonova (second year) – from the prosecution and defence teams respectively, both of whom exuded a poise and gravitas that belied their years.
"They’re smart, witty, willing, creative – I’ve not encountered anyone not up to par," says Duffy-Lewis. In the flesh, the judge, who is of Italian origin, is warm and friendly. She could be the earth-mother in whom you could confide anything. In the "court", however, she is a commanding presence. She speaks slowly with emphasis and the audience of participants and other students from the law school hang on to her every word. Judges – it seems – always speak deliberately and clearly. Perhaps only the subservient feel they have to talk quickly?
Before the proceedings, Duffy-Lewis issued the following warning. "There are no shortcuts. I’m going to be critical of both sides but in such a way as to make a level playing field. A judge should never render the playing field unlevel." She makes the students repeat her mantra. "We (lawyers) are the voice of the voiceless."
One particular saying is barred from her classes. When she comments on a particular idiosyncrasy or failing she never wants to hear a retort of "what do you expect – this is Bulgaria?" She says it’s a demeaning turn of phrase. "I’m offended by it because you are the future of the legal system," she says to her students.
Duffy-Lewis, while declining to comment on specific cases, believes that the constant talk of "corruption" in Bulgaria is an over-played hand. "Judges all over the world have similar problems. We strive to be objective, unbiased and enforce the law, not to favour one side or the other," she says.
A Bulgarian lawyer and spectator at the mock-trial, who was educated at Columbia University and admitted in Bulgaria and New York, agreed that the constant talk of corruption can be a self-fulfilling prophesy and that Bulgaria’s problems are really those of other eastern European states emerging out of the shadow of communism – no more, no less. In terms of educational standards, Duffy-Lewis observes that while the talent in her class is certainly apparent, more emphasis needs to be placed on practical skills, trial advocacy and skills building, so that students have the confidence to lead in what she calls "the public school of ideas".
The judge is also assisting Bulgaria to adopt a mediation programme designed to unclog the courts, expedite cases and allow business people to resume their day-to-day affairs quickly. "This will deter them from languishing if their case is not moving as fast as their business needs. You have to convince lawyers that mediation is a powerful tool in their legal toolbox. Mediation can be a test of corruption," she says, and one that, in the long term, will actually bring lawyers more business.
Duffy-Lewis, who will leave Sofia at the end of January, says she will take home many fond memories of "a beautiful city" and she hopes to have played a contribution, however modest, towards building "the new Bulgaria".
Thank you! :)