The new CBS drama First Monday tries to be a
little too Ally in The West Wing
Cliff Lipson, CBS
James Garner
and Joe Mantegna, foreground, are intended to provide
the lofty, issue-driven drama of First Monday, while their
twentysomething clerks -- left to right, Joe Flanigan, Hedy
Burress, Randy Vasquez and Christopher Wiehl -- are there to,
well, just get it on.
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Law is a dreary business. The stock-in-trade of most lawyers --
sorting out bankruptcies, litigating commercial disputes, dealing
with government regulators -- is often tedious and morally sterile.
A TV show set in a real law firm, or a real court, would be more
boring than community access.
Hollywood has two strategies for making the law interesting. The
first approach, typified by Law & Order and Homicide: Life on
the Street, is to focus on a narrow branch of law: criminal cases
involving rape and murder. These shows work because the moral stakes
are high enough to impart drama to the obscure motions, procedural
shenanigans and evidentiary squabbles that are the stuff of law.
The other strategy is epitomized by Ally McBeal. While real-life
law firms are full of pasty workaholics, Ally portrays an alternate
universe full of leggy bombshells who cannot walk to the photocopier
without attracting a lesbianic proposition or stumbling on some
other titillating intrigue.
The new CBS drama First Monday, which aspires to do to the United
States Supreme Court what The West Wing does to the White House,
taps both strategies. On one level, the show is a lofty drama in
which issues of constitutional import are hashed out by the Court's
nine justices. On another, it is a toned-down Ally, with the
justices' twentysomething clerks supplying the sexual tension.
Unfortunately, each strategy has been bungled.
In Tuesday's debut episode, the highbrow plot revolves around the
scheduled execution of a defendant convicted of killing a child
during a botched robbery. In the opening scene, a lightning bolt
singes the death-row prisoner as he lies shivering in a rain-soaked
prison pen. The issue the justices wrestle with for the next hour is
whether putting him in the electric chair -- having him face
electrocution twice, in effect -- might be "cruel and unusual."
Like the real Supreme Court, the First Monday court, whose chief
justice is played by James Garner, is split into two entrenched
factions -- one liberal, the other conservative. (Joe Mantegna is
cast as the wavering rookie.) But while the bench is balanced, the
show is not. The right-leaning justices and clerks are portrayed as
dogmatists who alienate their female colleagues with football-themed
jingoism. Their opposite number, on the other hand, are thoughtful,
humane and articulate.
Just as bad is the black-and-white presentation of the underlying
crime. When the law-and-order genre is done right, the circumstances
surrounding, say, a he-said/she-said date-rape case are steeped in
the Rashomon-like stew of genuine ambiguity that characterizes real
criminal trials. But in Tuesday's First Monday episode, such
ambiguity was absent: The death-row convict is shown to be plainly
innocent of capital murder and the clerk who crusades on his behalf
a failed heroine.
As for First Monday's portrayal of actual courtroom action, it is
so unrealistic that Carter Phillips, a leading Washington, D.C.,
attorney who has argued dozens of cases before the Supreme Court,
has described it as "vomitous." Of course, Hollywood generally
misrepresents courtroom procedures for dramatic effect. But First
Monday is over-the-top. In one scene from Tuesday's episode, a
justice grows bored with the vampy lawyer representing a transsexual
seeking asylum in the United States. In complete violation of court
protocol, he begins badgering the appellant him/herself, asking
whether s/he plans to be "castrated like a bull."
As for the sexpot attorney, she does double duty as the
centrepiece of the lowbrow plot line. Following the above-described
scene, one of the rookie justice's three clerks -- the right-wing
hawk of the trio, naturally -- hits on her as she dines in a nearby
restaurant. What follows is the obligatory USA Network-style sleazy
salsa-dancing scene. The twist comes when it's time for the clerk to
take the woman home. Straining to make her suddenly deepened voice
heard over the pounding Latin music, she tells him, "I defend
transsexuals ... because I am one!"
Vomitous? Not quite. But Ally McBeal comes off rather well by
comparison.