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From Russia with justice

Judge Leonid Ivanovich Egorov (left) explains Tuesday through his interpreter, Sergey Vladov, about the type of cases he presides over and the difference between the American and Russian legal system. Also pictured are (from center left) Judges Tatyana Nikolayevna Kalmykova, Larisa Nikolayevna Galkina, Marina Valeryevna Kozhemyakina and Nikolay Borisovich Gudushin. JASON MATTHEW WALKER/Lake City Reporter

Visiting judges learn and teach about jurisprudence.

By JEFF M. HARDISON
jhardison@lakecityreporter.com
Published: Wednesday, September 17, 2008 6:13 AM EDT
Third Judicial Circuit Chief Judge E. Vernon Douglas shared his sage advice as well as accepting counsel from visiting Russian judges Tuesday.

During a full day of court action, educational presentations, photo opportunities and a barbecue luncheon, Douglas, Judge Paul S. Bryan and other area judges interacted with five Russian federal judges, two interpreters and a facilitator.

Sister City Program of Gainesville hosted the delegation from Russia.

Domestic violence court


Judge Leonid Ivanovich Egorov and Judge Tatyana Nikolayevna Kalmykova joined Douglas during a morning session of domestic violence cases.

Judge Marina Valeryevna Kozhemyakina, Judge Nikolay Borisovich Gudushin and Judge Larisa Nikolayevna Galkina were with Judge Bryan in the morning for civil circuit action.

In the five cases before Douglas, he issued varying degrees of orders for no unlawful contact between parties seeking to have law enforcement officers keep them apart.

In one case, parties from a neighborhood allegedly have harassed and threatened each other. The judge gave both parties the same warning to keep away from each other. He allowed them both to photograph or tape record incidents where there is a violation of that order.

“The games stop here,” he said.

He gave everyone “guaranteed protection of the court,” and he noted, “You don’t have a problem I can’t fix.”

In regard to a 21-year-old daughter who wants her parents to leave her and her 31-year-old live-in boyfriend alone, Douglas noted that he will keep the peace.

Both parties were ordered to not have contact with each other. The woman’s father said he and his wife are trying to get their daughter off drugs.

The young woman said she is not using drugs, and that her extreme loss of weight and more haggard appearance is from stress.

Egorov agreed with Douglas.

“You are loving parents,” Egorov said through interpreter Anna Mazurova, “but you have to let go. She is an adult.

“One more thing,” he added, addressing the daughter, “hold on to this man if you love him. Get away from drugs — not just for you but for the children you will have in the future.”

Egorov said he hopes the daughter and parents will be able to visit together in the future.

An imperfect system

The Russian judge saw a terrible side of American justice in Lake City. He heard the story of a man who was wrongly convicted and improperly imprisoned for more than a month.

Robert Gaines spent between 42 and 44 days in the Columbia County Jail because his wife, Patty Gaines, falsely accused him of threatening her with a weapon, according to testimony given Tuesday.

“In divorce cases,” Douglas said, “we swear in the witnesses and say, ‘Let the perjury begin.’”

“I still care for my wife and love her,” Mr. Gaines said, but he conceded that he fears she will falsely accuse him again and that will result in him being in jail.

Mr. Gaines said he pled “guilty” after being in jail for more than a month, through a plea-negotiated agreement (plea bargain) so that he could be released from jail.

Mrs. Gaines admitted to giving false testimony.

Egorov said a person who deliberately gives false testimony is prosecuted in Russia.

Madison County Judge H. Wetzel Blair, who visited Douglas’ hearing room, said the same is true in Florida. In the cases where children are involved, the court weighs that before prosecuting a mother on charges of perjury or filing a false police report.

On the lighter side

There was plenty of sweetness shared during the visit, too.

Blair gave each visiting judge homemade cane syrup, and cans of homemade boiled peanuts from Madison County.

Blair and Douglas are old friends. They have both been on the bench for 32 years.

The Lake City judge said he is going overseas next summer. Douglas plans to visit the northern Russian city where the five judges rule. He will go there in July, when the sun doesn’t set at night.

There are white bears (or polar bears) outside the metropolitan areas of the Archangelsk region. It lies on both banks of the Northern Dvina River near its exit into the White Sea in the far north of European Russia.

Lessons on justice

All five judges introduced themselves, spoke about their duties and answered questions after the barbecue lunch. Judges are appointed for life after a three-year review, Egorov said, but they can be removed for various reasons.

If cases drag on, or are overturned regularly by an appellate court, or if there are inconsistencies in judgment, then they may be removed from the bench, he said.

Currently there is a moratorium on the death penalty in Russia now, Egorov said, unlike Florida, which allows the death penalty.

All of the judges said they appreciated the excellent treatment they have received as visitors. They have been “swept away” and “feel like stars” from the warm welcomes they have been given.

Judge Gudushin said he believes there are two important aspects for justice — fairness and a speedy trial.

“But what good is fairness if it takes 10 years for a trial?” he asked.

Judge Kalmykova said there are very strict deadlines for judges to hear cases in Russia. When a judge fails to observe a deadline, she said, they are disciplined.

When Tommy Green, a Madison County newspaper publisher, asked Gudushin about freedom of the press in Russia, the judge answered metaphorically.

“We view journalists as watchdogs of a democratic society,” Gudushin said. “Sometimes, however, dogs are barking. Sometimes, dogs are sicked on somebody.”

Ivan Nikolayevich Tabanin, a graduate student at the Academy of Management in Archangelsk, accompanied the group as a facilitator. Judge Douglas joked with him and several others during the day of learning about justice.



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