Categories
News

JUDGE McCALLA GETS TASTE OF JUDICIAL MEDICINE

In an extraordinary secret session closed to reporters and the public, a panel of federal appeals court judges met in a courtroom in Memphis Wednesday to consider whether U.S. District Judge Jon McCalla is fit to be a federal judge.

The U.S. Sixth Circuit Court of Appeals has issued a court order closing the proceedings on the ninth floor of the federal building to public scrutiny. Reporters were turned away outside the elevators and told that they could not even be on the floor, much less inside the courtroom. Even in secret grand jury sessions, reporters are allowed outside the jury room and free to try to interview witnesses.

Trials, whether they involve the president of the United States or paupers, are normally held in open court. The McCalla matter — the vagueness is due to the federal courts’ refusal to disclose any information whatsoever about what is going on — is not a trial as such but a special proceeding to look into complaints about the judge’s temperament.

Neither the U.S. Marshall’s Office in Memphis nor the U.S. District Court Clerk’s office was able to provide a reporter with a copy of the Sixth Circuit Court order Wednesday. Chief Deputy U.S. Marshal Thomas E. Thompson referred questions to Sixth Circuit Executive James Higgins. But Higgins’ office in Cincinnati said he was unavailable until next Tuesday because he is in Memphis.

McCalla has been presiding over a number of high-profile local cases including the Shelby County Jail case. The judge got himself in hot water in other trial hearings where he repeatedly scolded attorneys and questioned their professionalism.

Now it is McCalla’s professionalism that is at issue. But the public isn’t getting so much as a peek.

Categories
News

McCALLA PUT ON LEAVE

The Memphis Flyer has learned that a special investigating committee of the Judicial Council of the 6th Circuit Court of Appeals, after meeting in closed session Wednesday with U.S. District Judge Jon McCalla has placed Judge McCalla on six-month administrative leave during which he will receive “behavioral counseling” for “improper and intemperate conduct” toward lawyers appearing before him.

A statement concerning the finding was issued by Boyce F. Martin Jr., chief judge, US Court of Appeals for the 6th Circuit and chairman of the 6th Circuit Judicial Council, who further said that Judge McCalla had acknowledge “the factual accuracy and validity of the complaints” and had apologized to the lawyers, the judiciary, and the bar.

Judge Martin’s statement was as follows:

Statement from the 6th Circuit Judicial Council Regarding Judge McCalla

“The special investigating committee of the Judicial Council of the 6th Circuit met today in Memphis to conduct a hearing as a part of its investigation into complaints of judicial misconduct filed by several attorneys against U.S. District Judge Jon McCalla of the Western distrivct of Tennessee.

“Although the committee was prepared to receive testimony and other evidence and witnesses, Judge McCalla personally assured the committee that he acknowledges the factual accuracy and validity of the complaints of improper and intemperate conduct toward some lawyers who have appeared before him. In addition, Judge McCalla publicly apologized to the lawyers whom he has offended, as well as to the judiciary and the bar.

“In light of Judge McCalla’s acceptance of the validity of the compllaints and the wrongfulness of his conduct the committee found it unnecessary to conduct a hearing to determine the factual basis for the complaints.

“Upon consideration the committee will recommend to the judicial council that Judge McCalla be placed on administrative leave for a period of no less than six months, during which time Judge Mccalla will continue to receive behavioral counseling.

“Judge McCalla has accepted these recommendations and agreed to abide by them.”

Boyce F. Martin Jr., chief judge, US Court of Appeals for the 6th Circuit and chairman of the 6th Circuit Judicial Council.

An earlier story, posted today on the Flyer website, follows:

JUDGE MCCALLA GETS TASTE OF JUDICIAL MEDICINE

JOHN BRANSTON

In an extraordinary secret session closed to reporters and the public, a panel of federal appeals court judges met in a courtroom in Memphis Wednesday to consider whether U.S. District Judge Jon McCalla is fit to be a federal judge.

The U.S. Sixth Circuit Court of Appeals has issued a court order closing the proceedings on the ninth floor of the federal building to public scrutiny. Reporters were turned away outside the elevators and told that they could not even be on the floor, much less inside the courtroom.

Even in secret grand jury sessions, reporters are allowed outside the jury room and free to try to interview witnesses.Trials, whether they involve the president of the United States or paupers, are normally held in open court.

The McCalla matter — the vagueness is due to the federal courts’ refusal to disclose any information whatsoever about what is going on — is not a trial as such but a special proceeding to look into complaints about the judge’s temperament.

Neither the U.S. Marshall’s Office in Memphis nor the U.S. District Court Clerk’s office was able to provide a reporter with a copy of the Sixth Circuit Court order Wednesday.

Chief Deputy U.S. Marshal Thomas E. Thompson referred questions to Sixth Circuit Executive James Higgins. But Higgins’ office in Cincinnati said he was unavailable until next Tuesday because he is in Memphis.

McCalla has been presiding over a number of high-profile local cases including the Shelby County Jail case. The judge got himself in hot water in other trial hearings where he repeatedly scolded attorneys and questioned their professionalism. Now it is McCalla’s professionalism that is at issue. But the public isn’t getting so much as a peek.

Categories
News

FEDS INDICT LANG, KIRK

A federal grand jury has indicted former Trezevant. High school football coaches Lynn Lang and Milton Kirk on charges of conspiracy, use of an interstate facility to commit bribery, and extortion.

The indictment says the conspiracy was designed to obtain money, cars, and houses from universities and football boosters seeking to recruit star player Albert Means. The indictment does not name Means but refers to a certain student athlete at Trezevant.).

The charges stem from a joint investigation by the U.S. Attorney’s office, the District Attorney General’s office, the Federal Bureau of Investigation,and the Tennessee Bureau of Investigation.

”By our joint efforts I believe we are sending a clear message that the sale of high school athletes for personal gain will not be tolerated in our community,” said District Attorney General Bill Gibbons.

The nine-count indictment lays out details of Lang’s dealings with Alabama, Arkansas, Michigan State, the University of Memphis, the University of Tennessee, and Florida State University.

According to the indictment Lang told coaches that the price for Means would be anything from $50,000 to $200,000, plus cars and a house.

Categories
News The Fly-By

CONTINUING EDUCATION V (NO CLASS)

Well, the school board has proved again that we, the voters, are a bunch of big ol’ rubes. They voted to allow ex-felons to work for our city schools where these convicted perpetrators will be fully exposed to our precious children on a daily basis. It is, in our opinion, unconscionable to allow ex-felons such easy access to drugs, guns, and ammunition. If we hope to stop recidivism this foolish action must be stopped posthaste.

Categories
Art Art Feature

WELL HUNG

Watching Art (at Playhouse on the Square) is like watching an episode of Seinfeld. It’s a lot of sturm and drang spilt over absolutely nothing, and therein lies its charm. It’s about three old friends who have a massive falling out after one of them spends a small fortune on an all-white painting by a trendy artist.

Because the object that inspires the argument is a work of art the assumption is that the audience is being exposed to some kind of high-minded debate about modernism.

Nothing could be further from the truth. That’s the show’s biggest joke.

The playwright could have easily substituted the word car, guitar, or tea service for “painting” and sold the script to Jerry and the boys without changing much of the dialogue at all.

In fact the artwork in question could have been a floozy acquired for the purpose of staving off a middle-aged crisis. The story, a time-honored one, would have remained the same.

Ken Zimmerman, Playhouse on the Square’s former artistic director, has returned to take on the role of Serge, an art collector who wants nothing more than to be thought of as a man of his time.

Though on occasion he mugs it up for the audience while fawning over his controversial painting, Zimmerman is quite effective. He brings an innocence to Serge’s modern pretensions that makes even the character’s most boorish qualities quite charming.

Michael Detroit does a little mugging of his own, but he is likewise exonerated by his otherwise fine performance as Yvan, a middle-aged victim of therapy, self-help, and troublesome in-laws.

Dave Landis gives one of his most memorable performances to date as the cynical Marc, a man who cannot love a friend who could love a white painting.

Certain without being smug, judgmental without being malicious, Marc is the voice of the true critic. While he pronounces his judgment with finality there is always the distinct sense that he wants nothing more than to be proved wrong.

Through September 23rd

Categories
News News Feature

GOLDSWORTHY NAMED TO AIR QUALITY BOARD

East Tennessee’s loss is Shelby County’s gain in one recent respect. Germantown Mayor Sharon Goldsworthy has been named the municipal-government member of the 14-member state air Pollution Control Board.

Goldsworthy was one of three mayors (the others being Ashe and Pulaski Mayor Dan Speer) nominated for the seat by the Tennessee Municipal League.

She was selected by Governor Don Sundquist, at least partly because West Tennessee had been under-represented on the board, according to Elizabeth Phillips, a spokesperson for Sundquist.

Categories
Politics Politics Beat Blog

THE PLAY’S THE THING

There is a characteristic moment in any Shelby County Commission debate of consequence when Julian Bolton, who once taught dramatics at college, seems to get a whiff of which way the wind is blowing through the audience out there in the auditorium.

He begins to lean in the direction of the onlookers, swiveling his head due left so as to be looking right into their faces, and when he talks, he appears to be addressing the folks out there, not his commission colleagues.

The predominant school of thought among principals at Monday’s commission meeting seemed to be that the 75 or so people who showed up early to raise hell against a tax increase for the county schools were the fruits, as Shelby County school board member Ron Lawler put it, “of ten days straight of Mike Fleming trying to turn a crowd out.”

Indeed, there had been a dedicated attempt at conscription on the part of the popular WREC-AM 60 radio talk show host — who generally is a gentle rain and sweet reason itself compared to his tempestuous counterparts in Nashville, Steve Gill and Phil Valentine.

In the manner, however, of Gill and Valentine, who on each occasion this year that the state legislature came close to giving serious attention to a state income tax did their shows and broadcast their exhortations from the pavement of Legislative Plaza, Fleming set up his broadcast booth Monday afternoon on the concrete patio outside the county office building where the commission was meeting.

Many of the folks inside the often rowdy commission auditorium (some of whom proclaimed themselves to be members of the “Turnip Liberation Army,” as in “Turnip Your Nose at a Tax Increase,” as one sign had it) had answered Fleming’s call, and, though this group included many of those who had protested both the NBA Grizzlies’ cause and previous potential tax increases, there were some newcomers as well — noticeably less interested in the niceties of public discourse than earlier protesters had been.

Bolton, however, acted as though he were in the presence of Vox Populi.

And the commission’s newest member, Bridget Chisholm, who — perhaps not coincidentally — sits to Bolton’s left on the auditorium stage and frequently consults with her neighbor, also seemed caught up in the often turbulent crowd reaction as the commission met Monday to complete action on the current fiscal year’s budget so as to fund the Shelby County schools.

For reasons best known to themselves (although some clue was surely afforded by their frequent sidewise glances toward the audience, as well as to the omnipresent TV cameras from all four local news channels), both Bolton and Chisholm began professing a belief that the taxing arrangement which everyone save Bolton had signed on to at the commission’s previous meeting was something other than what it was.

As had been extensively reported in both the electronic and print media, a bargain had been struck two weeks ago between key members of both the commission’s white Republican and black Democratic factions whereby a majority of Republicans would accept a property tax increase in the range of 43 cents in return for a Democratic majority’s approval for a doubling of the regressive wheel tax.

As outlined by GOP Commissioner Buck Wellford, who with partymate Tommy Hart had crafted the plan, there was a third component as well — a sense-of-the-commission resolution that the county’s municipal governments would be asked to forgo their share of a potential local-option sales-tax increase in the interests of the county schools.

As part of the deal, county school superintendent Jim Mitchell and school board president David Pickler agreed to urge the municipal governments to accept such an arrangement.

On Monday, both Bolton and Chisholm professed for some while to believe that only a 33-percent property-tax increase had been agreed upon. Ultimately, budget chairman Cleo Kirk, in a whispered conversation, convinced Chisholm otherwise, and she reversed an earlier vote against the 43-cent figure so as to finally pass and activate the combination tax package.

Wellford — who, with Hart, Kirk, and Commissioner Walter Bailey, was cited for positive leadership by Pickler — said later he found it a strange reversal that two Democratic commissioners had tried to take a stand in favor of holding down the property tax. “Usually that’s a Republican cause,” Wellford said.

In subsequently making his case against the 43-cent increase, Bolton — who was hooted by the audience early in the meeting when he seemed to say he would support a property-tax increase at that level — told the crowd, “Some of them [commissioners] have not heard you. I have.”

Wellford made it clear he did not regard the crowd, which frequently unloosed catcalls and interrupted commissioners’ remarks, in the same positive light. “It was obvious some of them came just to put on a show and were there to humiliate the commission,” he said.

It was Wellford,in fact, who — after referring to the crowd disturbances in Nashville which frustrated an effort on behalf of a state income tax at the end of the legislative session last month — called for a five-minute recess and asked chairman James Ford to summon a complement of county police and sheriff’s deputies to maintain order.

Categories
Music Music Features

sound advice

Robert Cray has never equaled the commercial heights he reached with
1986’s classic Strong Persuader. One of the decade’s most well-crafted
and soulful song cycles and one of the few legitimate crossover blues records
of the last couple of decades, Strong Persuader would be hard for
anyone to top. But in the decade and a half since that peak, the California-
based triple threat (writer/guitarist/singer) has built a legacy that makes
him one of his era’s signal blues artists. Two steps from the blues in the
Bobby Bland tradition (meaning two steps in the direction of Southern soul
music), Cray’s style is consistent and consistently rewarding. His latest,
Shoulda Been Home, is a nod to Memphis soul, and this week Cray will be
in the city performing on Monday, September 3rd, at the Memphis Botanic
Garden. Opening act and local blues phenom Alvin Youngblood Hart’s take on the
music is as wide-ranging as Cray’s is tightly focused, but the two should make
for a fine double bill.

On Saturday, September 1st, Shangri-La Records will celebrate the
release of Playing For a Piece of the Door: A History of Memphis Garage
and Frat Bands in Memphis, 1960-1975
, a book that comes with a
companion CD. The release concert will reunite several prominent local garage-
rock bands of the era, with currently scheduled performers including Jim
Dickinson and The Catmandu Quartet
, The Guilloteens, The
Rapscallions
, The Castels, The Coachmen, and B.B.
Cunningham
of the Hombres. Show begins at 3 p.m. at Shangri-La.

Chris Herrington

Could I be more excited about a double bill of local musicians?
No, I could not. Automusik, that digitized trio of rockin’ robots, will
be opening for Shelby Bryant (the musical mad scientist who invented
Cloud Wow Music) at the Hi-Tone Café on Friday, August 31st.

For those who have spun Automusik’s disc The Statistical
Probability of Automusik
and found it wanting, all I can do is say,
“See them live!!!” That’s right, three exclamation points — count
’em. Their winking Kraftwerk-meets-agitprop-meets-Samuel Beckett take on
everything from hardware to babies to beach parties is the most innovative and
interesting thing to appear on the Memphis scene in the last couple of
decades. The digital animation that syncs up perfectly with Automusik’s
onstage antics is brilliant, amazingly funny, and surprisingly insightful and
self-aware. Who knew that a flat affect could be so exciting? Bryant (the key
player at the gates of dawn?) is an off-kilter wordsmith whose best work can
stand up against Dr. Seuss and Shel Silverstein. He has built himself a cozy
musical home in a sweetly psychedelic landscape where J.S. Bach has secret
midnight rendezvous with Syd Barrett. Bryant plays so seldomly that missing
even one performance is a crime.

An early heads-up for fans of American Deathray Music
(formerly Deathray, formerly American Deathray). Those glam-punks will be
having a record-release party on Friday, Sept 7th, at 2282 Park Ave. More to
come on this highly anticipated event next week. — Chris Davis

Categories
Theater Theater Feature

Well Hung

Watching Art is like watching an episode of Seinfeld. It’s a
lot of sturm and drang spilt over absolutely nothing, and
therein lies its charm. It’s about three old friends who have a massive
falling out after one of them spends a small fortune on an all-white painting
by a trendy artist. Because the object that inspires the argument is a work of
art the assumption is that the audience is being exposed to some kind of high-
minded debate about modernism. Nothing could be further from the truth. That’s
the show’s biggest joke. The playwright could have easily substituted the word
car, guitar, or tea service for “painting” and sold the script to Jerry and
the boys without changing much of the dialogue at all. In fact the artwork in
question could have been a floozy acquired for the purpose of staving off a
middle-aged crisis. The story, a time-honored one, would have remained the
same.

Ken Zimmerman, Playhouse on the Square’s former artistic
director, has returned to take on the role of Serge, an art collector who
wants nothing more than to be thought of as a man of his time. Though on
occasion he mugs it up for the audience while fawning over his controversial
painting, Zimmerman is quite effective. He brings an innocence to Serge’s
modern pretensions that makes even the character’s most boorish qualities
quite charming. Michael Detroit does a little mugging of his own, but he is
likewise exonerated by his otherwise fine performance as Yvan, a middle-aged
victim of therapy, self-help, and troublesome in-laws. Dave Landis gives one
of his most memorable performances to date as the cynical Marc, a man who
cannot love a friend who could love a white painting. Certain without being
smug, judgmental without being malicious, Marc is the voice of the true
critic. While he pronounces his judgment with finality there is always the
distinct sense that he wants nothing more than to be proved wrong.

Through September 23rd.

Dancing Queen

Playwrights’ Forum’s production of Dancing at the
Revolution
is, in movie terms, what you call a sleeper. It’s an absolutely
wonderful show that will only be seen by a handful of people. Alas, as is the
case with almost all live theater, when this show finishes its run at
TheatreWorks there will be no video to rent at Blockbuster, Midtown, or even
Black Lodge. On the bright side, there are still three opportunities to catch
this unusual biography before it goes away.

Emma Goldman was in many ways a patriot. Whether you buy into her
anarchistic ideas or not, she was a Thomas Paine of her age, minus Tom’s
little drinking problem. She fought for fair labor practices and that made her
the enemy of big business. And when America entered into WWI, she spoke out
against conscription, which made her an enemy of the state. Her dovish
arguments were potent. “It’s the old men who start the wars, why should our
children fight it?” she asked, cautioning against jingoism. Words like
“patriotism” are hollow and abstract, she noted, in contrast to the face of a
child, which is all too real. These opinions landed Emma Goldman in jail,
suggesting that when it comes to the open exchange of ideas the land of the
free and the home of the brave are often two entirely different locations.

Dancing at the Revolution, Michael Bettencourt’s clever
commentary on both the life of Emma Goldman and the Fifth Amendment, never
once seems pedantic or heavy-handed in its exploration of these rather heady
themes. Focusing on Goldman’s time in prison, it is a fine example of how
malleable the art of theater can be and how seemingly serious subject matter
can still be a great deal of fun.

Director Billy M. Pullen has fully grasped both the spirit and
the style of Bettencourt’s overtly theatrical text. To say much more than that
would spoil the surprises. He has likewise assembled a tight ensemble of
committed actors who have obviously taken the work as seriously as the
director. Exuding charisma, Cheryl Wolder does a star turn as Goldman. In her
hands the anarchist becomes a self-deprecating schlub with a magnificent gift
for communication. The real star of the show, however, is the ensemble. Though
the performers range from seasoned vets to virtual novices, this group works
together like a well-oiled machine.

Through September 1st.

Categories
News

Christmastime In the Summer.

It had been a long day on the road for John and me. We had started in Grand
Teton National Park, driven up the spine of the northern Rockies, and were in
Yellowstone National Park, where most driving days are long anyway. This was
August 25th, you see, and Yellowstone is the Ultimate Land of the RV. Travel
on its winding mountain roads averages about 13 m.p.h. in the summer.

Such was our day, with our destination Butte, Montana, that,
despite all the beauty and wonder in Yellowstone, we were just passing
through. Frankly, all we wanted was a bathroom and a sandwich, in that order,
so when we pulled into Grants Village we were moving with that special sense
of urgency which can come only from biological need.

We sped through the store and into the men’s room, where we were
soon side-by-side at the urinals. I had been so focused on getting there that,
once there, my mind began to relax, and then an odd thought occurred to me:
Did I see Santa Claus out there?

I gave this some more thought, and then I remembered Christmas
music. And people dressed as elves. And lights. I feared an LSD flashback. I
turned to John, not sure how to phrase my question.

“Um, John “

But he was already laughing. “Yes,” he said, “you
did see Santa Claus out there.”

We emerged from the bathroom cautiously. People were on ladders,
hanging tinsel around the stuffed-animal display. I approached a woman at a
cash register — she was wearing an elf hat and a “Noel” sweatshirt
— and asked, “What’s with all the Christmas stuff?”

She explained that on August 25th of some bygone year, it had
snowed some crazy amount like two feet, and people got stuck at the
Yellowstone Lodge. So they decided to get out all the Christmas stuff and have
a party, thus creating a tradition.

I should take a moment here to admit that after this experience,
a Yellowstone official explained to me that the snowstorm never happened.
Apparently the whole thing started in the late 1930s when the park’s employees
started having an end-of-season party called Savage Days — “savage”
being a nickname for the employees. In the late ’40s, the park asked a group
of Christians to take over Savage Days and clean it up a bit — hence,
Christmas in August.

When John and I were there, they were planning a pageant and
putting trees up in the hotels, and employees were exchanging gifts. Santa
would be greeting kids later and asking them what they wanted for Christmas —
a special thrill, no doubt, for parents in the middle of spending their life
savings on a trip for the whole clan to Yellowstone. (“Santa, I want one
of those $1,200 hand-carved wolves!”)

Not everybody, I should point out, was in the Christmas spirit
that day. We asked our waiter, Steve from Michigan, if he was going to the
Christmas party, and he said, “Shit, no — can’t even spike the
punch.” Steve was actually wearing an “Employee of the Month”
pin, so when he gave us free refills on our drinks, John said, “That must
be why you’re the Employee of the Month.” Steve’s response: a loud, long
ass-kissing noise followed by “That’s how you get to be Employee of the
Month.”

Such sarcasm, from a guy who said he’d rather be a mechanic in
Knoxville, was entertaining but odd, cast as it was against a backdrop of
party preparations and other displays of joy to the world.

When we went to settle up at the counter, we were greeted by Sis,
a chubby, high-pitched woman who said she was from “BO-mawnt,”
Texas. As she rang us up, a ranger approached, and Sis called out, “Hey,
Critter — hahr yew?” So now we’re talking with Critter and Sis.

Critter had a real blurry picture of a bear to show Sis, and Sis
squealed, “Say, Critter, have you seen mah sawks?” She whipped her
leg up onto the counter, and she had on these green-and-red, knee-length
Christmas socks, with little holiday figures on them: candy canes, reindeer,
etc. I stole a glance at John, and I could see he was barely suppressing
laughter, not to mention his flight instinct.

Then Critter reached down and touched a little pouch on one side
of Sis’ sock, and the thing started to play music!

“What have you got in thar?” the astonished Critter
cried.

“It plays music,” Sis drawled back.

Critter, leaning closer: “Mah gawd, I kin hear it!”

Sis, with a cackling laugh: “Yep, it plays eight sawngs!
This’n here’s ‘Santa Claus is Comin’ to Town.’ If you push the little
reindeer, it plays ‘Jingle Bells.'”

Critter: “Well, ah’ll be!”

By this time, John and I were dashing through the fake snow,
making our merry way the hell out of there. Nothing against Christmas, of
course, but these days we get plenty of it in the winter — for that matter,
in the fall. To see it in August was a little too much, especially when a
person named Critter is pushing buttons on the clothing of a person named Sis
and the Employee of the Month would rather be working on cars somewhere else.
We hitched up our sleigh and drove like the wind for the Montana border.