JUDICIAL ReachOpera and Law:Two Forms of Theater“I fight with an attorney, get spit uponand hide behind a small flower potwhile advancing to the garden, as well asbringing tea, heart pills, cosmetics, coats,hats and canes,” Judge Smith summarizes.It’s all in a day’s work for the Hon. Loren Smith,senior judge, United States Court of FederalClaims.“I fight with an attorney, get spit upon and hidebehind a small flower pot while advancing to thegarden, as well as bringing tea, heart pills, cosmetics,coats, hats and canes,” he summarizes.Of course, none of the above incidents actuallyoccurred in his courtroom, or in his classroom as adistinguished lecturer at the Columbus School ofLaw. Rather, Judge Smith’s eclectic activitiesunfolded onstage, after he exchanged his robes fortheater makeup in his role as Major Domo, thefaithful servant to Don Pasquale in GaetanoDonizetti’s opera of the same name.It began with an invitation from a friend whohad the starring role, who in turn invited Smith toconsider the multi-faceted role of Major Domo. “Heassured me no singing was required, that only mycomic talents (he must have read some of my opinions)were required,” Smith recalled. The judgeagreed, believing that it was little more than a walkonpart. As it turned out, he was obliged to beonstage for every act.With more than 20 years under his belt —including a stretch as chief judge — on one of thenation’s most historic and prestigious federalcourts, Judge Smith is used to stellar performancesand rapt audiences. Normally, however, themost Oscar-worthy utterances come from thelawyers that appear before him. For the wellrespectedjudge to leap over his bench, as it were,and place himself in a position where opera fanscould judge him amounted to a heady walk on thetightrope.“As a judge you can find people who misbehavein court in contempt. On stage I was the onefacing possible contempt! A humbling experience,Swapping his judicial robes for the clothes of avalet to an Italian nobleman, Judge Loren Smiththoroughly enjoyed his turn as a character actorin community theater.34CUALAWYER /Spring–Summer 2008
Something of aRenaissance man,acting is among the latestof Judge Smith’s part-timepursuits. He is also a cigaraficionado and participatesin a monthly discussionclub of topics in the news.beneficial to the soul of every judge,”says Smith.Don Pasquale, a light romanticcomedy set in early 19th centuryRome, was staged for three performancesin May 2007, by the OperaCompany of Northern Virginia, anArlington-based professional companythat has offered operatic productionsto area fans since the 1960s.Judge Smith has always displayedan ease with audiences. In 1972 heserved as host of a nightly radio talkshow called “What’s Best forAmerica?”, and two years before thathe ran for the Illinois General Assemblywith the endorsement of the ChicagoTribune. He has spoken and appearedon TV and radio in two dozen countrieson behalf of the United StatesInformation Agency and other groups.Still, the lack of shyness does not necessarilyequate to great acting. Butwhen the opportunity arose to debut ina rather substantial operatic role, thejudge’s deliberations were brief and hisverdict swift: yes.“Major Domo is quite elderly andhas worked for Don Pasquale for 50years,” Smith explains. “I appear inabout 15 separate actions in all fivescenes. In most of them my role iscomic, but one is sad and emotional.”As an added bonus, thescript even offered up the judge aWalter Mittyesque fantasy of meneverywhere. “I actually dance withthree women who briefly fight over mein the last scene of the opera!”The theater critic of theWashington Post was impressed bythe jurist’s opera debut, writing on May22 that “Loren Smith, senior judge ofthe U.S. Court of Federal Claims, wasa scene stealer as a silent, slowly shufflingfactotum.” Despite his apparentnatural flair for acting, the judge drewthe line at attempting arias, duets orbel cantos. “I do not sing a word, not anote,” he reassured the friends heinvited to the performance, “otherwise,Northern Virginia music loverswould be out picketing!”Judge Smith’s sudden ascent tothe stage is not out of character. Hiscareer has been marked by creativeand unusual turns. Appointed a judgeof the United States Court of FederalClaims in 1985, he is one of 16 juriststo serve on the court. The judges areappointed by the president and subjectto confirmation by the U.S. Senate forterms of 15 years. The United StatesCourt of Federal Claims is sometimesreferred to as “the People’s Court,”because it exists to put the federalgovernment on the stand as the defendantwhile it is sued by citizens seekingmonetary redress. In recent years, thecourt’s docket has been characterizedby complex and high profile cases insuch areas as the savings and loan crisisof the 1980s and the World War IIinternment of Japanese-Americans.Judge Smith served as chairman of theAdministrative Conference of theUnited States from 1981 to 1985.During his tenure as chairman, he wasa member of the President’s CabinetCouncils on Legal Policy and onManagement and Administration.He is a prolific teacher of the law,having served as an adjunct professorat most of the Washington, D.C.-arealaw schools at one time or another.Judge Smith is a member of theColumbus School of Law Board ofVisitors, and his distinguished legalcareer and contributions to teachingwere recognized by the presentation ofthe Presidential Medal by The CatholicUniversity of America in 1993.Judge Smith’s moonlighting onthe stage does not threaten to cutshort his stellar bench career. He isquite content to do both should futureroles come his way. In fact, he seemsrather pleased at the incongruity of theactor by night. And he cannot help butmuse about his dream role.“I would like to play oppositeeither Sharon Stone or PamelaAnderson in a romantic adaptation ofLord of the Rings. I have also thoughtof playing Pavarotti, since I have abeard and am fat,” he laughs.Judge Smith’s moonlighting on the stage does not threatento cut short his stellar bench career. He is quite contentto do both should future roles come his way.Spring–Summer 2008 / C UALAWYER 35