Judge Lisa Dornell: Not Every ‘Win’ Under the Law Is a Win for Justice

Twenty-nine years ago, as a Justice Department lawyer advocating the U.S. Attorney General’s position in an immigration case, I stood before a distinguished panel of the Fourth Circuit Court of Appeals and argued in favor of a man’s deportation from the United States. The man in that case was the recipient of a probation before judgment, entered by a Maryland state court judge. Even though he was not considered to have a conviction under Maryland law, I persuaded the court that he still stood convicted under federal law. In Maryland criminal cases, first-time offenders and individuals charged with minor offenses are often given “probation before judgment,” wherein they are not convicted but rather given a period of probation.