An Open Mike

Judges are regulars on the rubber-chicken circuit, frequently showing up at voter-rich gatherings of garden groups, civic associations or GOP women's clubs. McSpadden is also in demand on this circuit, but his primary preference is for a path far less traveled by the gavel-wielding set: inner-city youths.

For more than a decade, he has delivered talks at urban schools and other places hardly likely to translate into voter traffic at the polls. In recent weeks, he has reserved his Friday noon hours to lecture urban youngsters on the evils of drugs and crime and the immense value of education. He showed up to deliver the commencement address at a school with a captive audience: inmates receiving their GEDs at Joe Kegans State Jail.

"What's unusual is just how much interest he takes in the community," says District Attorney Chuck Rosenthal, who was the first chief prosecutor in McSpadden's court. "There are a number of judges who wouldn't reach out to those segments of the community. And Mike doesn't even have to do that to be re-elected. He's just got a strong sense of community responsibility."

The judge even relied on Rosenthal in the early days to help evaluate his stinging op-ed treatises.

Several attorneys say they find the formal nature of the court, while contrasting with his casual off-the-bench style, refreshing.

"He conducts his court with tremendous judicial decorum," says veteran attorney Mike Hinton. "As soon as you set foot inside, there's a pervading atmosphere of dignity and respect at all times."

"You can hear a pin drop when he takes a plea," says lawyer Anthony Osso. "That's pretty much the old school. You can count on getting your day in court."

Terry Gaiser, a veteran defense attorney, gives McSpadden high marks for his objectivity: "He's got an established reputation for being a very fair judge."

Kent Schaffer laughs about the early days when defense attorneys dreaded to have a case before the outspoken McSpadden. "Now it's like a breath of fresh air to end up in his court."

"The thing that either side should ever want in a trial is level playing field," Rosenthal says. "I feel like both sides get that in his court."

Praise might be predictable about a judge who regularly gets among the highest marks on bar association qualification polls, but even most of those who have been in McSpadden's crosshairs are complimentary.

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Outspoken attorney David Jones wrestled with McSpadden -- and won -- in an early fight against reduced fees for court-appointed attorneys. More recently, he accused the judge of at least tacitly condoning what Jones believes is an out-of-control probation officer in the judge's court. The attorney says the officer was hell-bent on sending his client and others to jail, even to the point of distorting reports and misleading lawyers on available sentencing options (see "Go Directly to Jail," by Richard Connelly, June 24, 1999).

"The thing that impresses me is that we've had our run-ins, but he has not held a grudge," Jones says. "He can dish it out and he can take it, and he can get over it. It hasn't had to do with me going in and groveling, or 'kissing the ring.' "

If anyone, former judge Voigt, barred from McSpadden's court as a lawyer and belittled by him as a judge, should have acidic opinions. "Actually, he was right," Voigt says of McSpadden's early actions. McSpadden concedes that he should have kept private his criticisms about Voigt's judicial abilities. "The judge contacted me and apologized about that," Voigt says. "We may have had friction years ago, but I frankly have a high opinion of him."

Lloyd Oliver, the onetime election opponent who jarred McSpadden with the college butt-biting revelations, says the judge has mellowed somewhat since his early days of fire.

"Frankly, he's one of the better judges on the bench, and that comes from this old archrival," Oliver laughs. "I've seen him on the bench make some decisions shooting from the hip, and they were good shots."

Even former foe Rains waves aside questions. "Any past differences between us are ancient history," he says.

Officials of the Republican Party did not return calls, although one party operative described McSpadden as a victim of his own making.

"When he got appointed 20 years ago, he was a young guy and it was a big deal to be judge," the GOP loyalist says. "Now he's an old man, and there are all these whippersnappers in there, and it isn't so big a deal anymore. He's got to be asking himself, 'Why am I still here?' He's a little resentful. Maybe he feels like he stayed too long at the fair."

An attorney who clashed with McSpadden accuses him of blatantly abusing judicial canons against judges criticizing other jurists. This critic goes on to say that beneath the gentlemanly exterior is a publicity-mad egotist, both vicious and calculating in his rhetoric. "For all his talk about principles, he goes after people because of personal animosity, not principle."