By Tony Mauro, From Legal Times

U.S. Supreme Court Justice Ruth Bader Ginsburg played the role of chief justice in Washington on Monday night, presiding over a mock proceeding convened to decide whether Don Quixote—the Man of La Mancha—was so delusional that he needed a guardian.

Joined by Justice Stephen Breyer and three D.C. federal judges, the tribunal debated pressing issues of 16th century Spanish law as well as more modern concerns, including the pros and cons of windmills and the recent flight of a gyrocopter that landed on the Capitol Hill lawn.

The mock trial at the Shakespeare Theatre Company’s Sidney Harman Hall ended with a “ruling” in favor of Don Quixote. If dreamers like Don Quixote cannot continue to dream, Ginsburg opined, “how could civilization progress?” Don Quixote, she said to applause, “needs no guardian.”

The theater was packed for the event, which marked the 20th year that a mock trial has been staged based on a play running at the theater. The theater company’s lawyer affinity group, the Bard Association, sponsors the event. The association’s chairman, Abbe Lowell of Chadbourne & Parke, said Monday night that all lawyers are “frustrated actors,” adding that the mock trial was “our version of The Voice.”

In a 2012 speech, Judge Richard Posner of the U.S. Court of Appeals for the Seventh Circuit criticized Supreme Court justices for participating in “ridiculous” mock trials. “It’s flying saucers—crazy,” Posner said. “They have no competence.” But the justices were not deterred.

In addition to Ginsburg and Breyer, Chief Judge Merrick Garland and Judge Patricia Millett of the U.S. Court of Appeals for the D.C. Circuit and Judge Amy Berman Jackson of the U.S. District Court for the District of Columbia comprised the “Supreme Court of La Mancha.” The Man of La Mancha musical debuted on Broadway in 1965.

Tom Goldstein of Goldstein Russell argued on Don Quixote’s behalf. Carter Phillips of Sidley Austin represented the fictional Family Court of La Mancha, which appointed Quixote’s niece Antonia as his guardian.

Perhaps liberated by the absence of real clients, both lawyers were in top form. Ginsburg expressed concern that Don Quixote might be “a danger to himself and others—including windmills.” Goldstein said Don Quixote was “a dreamer, not a madman,” adding that “the public needs more of these quests.”

Breyer was concerned about Don Quixote’s attack on his barber. “You may not know barbers,” Breyer said to Goldstein, prompting laughter. Breyer and Goldstein are follicularly challenged.

Millett wondered aloud about the difference between “being delusional and being optimistic,” while Garland invoked the case of “NBC v. Williams,” perhaps a nod to anchor Brian Williams’ fanciful pretensions. Cultural references to the likes of Kim Kardashian and Sarah Palin abounded all evening.

Phillips began his argument with “Madam Chief Justice,” then paused and added, “I’ve been waiting a long time to say that.” The audience cheered. Phillips has argued 80 cases before a Supreme Court presided over by male chief justices.

IMAGE: On the bench (L to R): D.C. Circuit Judge Patricia Millett, Justice Stephen Breyer, Justice Ruth Bader Ginsburg, D.C. Circuit Chief Judge Merrick Garland and U.S. District Judge Amy Berman Jackson preside over the Don Quixote mock trial Monday at the Shakespeare Theatre Company’s Sidney Harman Hall. Carter Phillips is seated next to Thomas Goldstein. Photo: Kevin Allen

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