Montgomery Judge Statue

Behind the Story – The Making of “Skewed Justice”

We’ve been working with the American Constitution Society on a short doc about judicial elections, Citizens United, and the criminal justice system. The video is based on the “Skewed Justice” report, a study produced by independent researchers at Emory University School of Law, led by Joanna Shepherd.

Skewed Justice findings
When we first learned about this work, we were struck by the magnitude of the issue. But we also knew it was going to be a challenge to translate a complex legal message into a story that will resonate with a general audience.

Ultimately, this is a story about people. The people in and around the criminal justice system who are directly affected by decisions made by judges. And the people who may never interact with the criminal justice system, but whose individual rights are vulnerable in a system where money and power has the potential to influence decisions about what’s right and wrong.

We worked closely with ACS to come up with a compelling story concept to communicate these complex and important issues. Based on the nature of the study, we thought it would be best to use what we call an “engaged observer” as the human element. That is, someone in the legal world who is directly impacted by the trends being highlighted in the study. This is different than the role the study author would play, which is that of an expert providing broader context. The engaged observer would be a person who can speak about how they’ve seen this trend up close and personal. 

Enter Justice Sue Bell Cobb.

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Justice Cobb is the former Chief Justice of the Alabama Supreme Court. She dedicated her career to fighting for equal justice for all. She served 13 years as a district court judge and 12 years on the Alabama Court of Criminal Appeals before being elected the first female Chief Justice of the Alabama Supreme Court.  But in 2011, Justice Cobb announced her decision not to run for re-election and to step down from the bench. In her resignation speech she pointed to the obscene amount of money required to run a judicial campaign and the potential for such money and influence to negatively impact the objectivity of judges.

It become clear that Justice Cobb was the perfect person to humanize this story.

In May we traveled to Alabama to spend a few days with Justice Cobb. She graciously invited us into her home, introduced us to her family (and her beloved horse, Monty, and crazy donkey, Josie), and shared with us her passion for criminal justice.

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On our last day in Montgomery, we found ourselves inside of Draper Correctional Facility, a severely underfunded state prison. We watched Justice Cobb listen with true concern as the Warden spoke about the people who were wrongfully there, and we heard her talk to inmates about their sentencing.

Justice Cobb and the Warden

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Our hope is to be able to take Justice Cobb’s story and weave it throughout the video allowing the viewer to be immersed in her experiences, and through her story become engaged and invested in the information and message.

To read the complete Skewed Justice report, visit: skewedjustice.org

Stay tuned.

Update: You can now watch the complete video here.