Law360, New York (October 16, 2017, 11:20 AM EDT) -- While federal judges do a lot of writing, fiction isn’t something typically associated with the bench — but there are exceptions, including U.S. District Judge Frederic Block, 83, whose crime novel, "Race to Judgment," debuted on Oct. 10.
The novel, set in Block’s native Brooklyn, is largely inspired by cases Block has handled during his years on the bench, including a high-profile criminal case in 2003 over a murder during the 1991 Crown Heights Riots and a wrongful conviction civil suit against New York City that eventually settled. Its main character, Ken Williams, is based on real-life civil rights attorney Kenneth P. Thompson, who unseated the long-time Brooklyn District Attorney in 2013 before dying of a heart attack in 2016.
The novel highlights aspects of the inner workings of the criminal justice system in New York, in particular the disproportionate treatment of black New Yorkers, a subject on which Judge Block has been outspoken in the past.
Judge Block, who previously published "Disrobed," a nonfiction book about the federal judiciary, tells Law360 that he was inspired into trying his hand at fiction by the Massachusetts federal judge Michael Ponsor, who has published two crime novels based on his cases.
“I got the idea that I had these three or four interesting cases that could work, and the story started to flow from there,” Judge Block said. “I really surprised myself that I was able to do it.”
The story he eventually produced follows Ken Williams as he takes on the novel’s corrupt Brooklyn DA, first by challenging his assistant district attorneys in a high-profile murder case for a wrongfully accused black school counselor and eventually by running against him for re-election. Along the way, he also champions the wrongfully convicted Jo-Jo Jones, based on Jabbar Collins, over whose civil case against the city Judge Block presided.
The novel hews close to the facts, with characters and events easily recognizable from the New York headlines — even Judge Block himself makes an appearance, restyled as Judge Black and described by characters as “an outstanding and courageous jurist.” Most believable of all are the fictional New York Post headlines that easily could be real.
Billed as a fast-paced thriller, the novel has more the feel of a 19th-century novel, more Charles Dickens than John Grisham, and full of sympathetic downtrodden characters and sentimental speeches.
Yet, curiously, the Dickensian twists that most strain credulity are the ones that actually happened: Ken Thompson really did unseat Charles Hynes, the basis for the fictional DA James Neary in the novel, as Brooklyn DA. The inspiration for Jo-Jo Jones, Jabbar Collins, really was released due to a habeas corpus petition after serving 16 years for a murder he did not commit.
Though its intended message of racial justice is unambiguous, the novel also strays itself into racially problematic waters in certain moments. It leans heavily at times on stereotypes, such as with Mickey Zissou, the wise-cracking black private investigator with a professed fondness for women with large behinds. Judge Block told Law360 he wasn’t aiming to make Mickey Zissou a stereotype, but wanted to have at least one character for comic relief given the heaviness of much of the material.
The story at times advocates a kind of respectability politics as well, such as when characters criticize black people who use the n-word or praise a pastor who preaches personal responsibility and the importance of traditional family roles. At one point, four pages are devoted to criticism of Al Sharpton.
Judge Block told Law360 that one of his motives in writing the books was to help educate the public about the federal courts and systemic problems inside the criminal justice system. "Disrobed" had a similar mission, providing readers an “inside peek” into the world of the federal judiciary.
“I felt there was a need to communicate to the public about how we become judges, what we do, what this mysterious federal world is all about,” Judge Block said. “I felt strongly that judges know a lot and they have a responsibility to share some of their knowledge.”
After writing "Disrobed," he tried to use the book to do more public outreach, but the book was not put out by a major publisher and had a limited audience.
“It was an excellent audience, and I was very happy with it,” Judge Block added. “But what I realized was I could use a good story ... as a vehicle to tell the public more about issues I think they should be a little more attentive to.”
The novel explains legal topics such as habeas corpus petitions and Brady rules, but also explores broader issues, such as the use of solitary confinement at Rikers, or excessive force by police. Most of all it is concerned with wrongful convictions and the miscarriage of justice.
Writing it has been enjoyable, though he says that releasing the novel to readers has been somewhat nerve-wracking.
“As a judge you’re used to being in control,” he explains. “You tell people to stand up sit down, objection overruled. And now in this world, you’re out of control.”
More than anything, though, he says that he’s excited about the release. “I feel energized by the process.”
--Editing by Rebecca Flanagan.