Detroit's 'gutsy' federal judge who pulled off a rare move is set to retire

After 25 years on the bench, U.S. District Judge Victoria Roberts — a legal pioneer who fought to have more diverse juries in federal court, became the only Black woman to serve as president of the Michigan Bar Association and pulled off the rare move of throwing out a high-profile domestic terrorism case a decade ago — is stepping down.

Roberts will retire Sept. 1, leaving behind a legacy of advocacy for equality, justice, truth — and making tough calls, even if it went against the norm.

In perhaps the boldest move of her career, Roberts pulled the plug on the sensational Hutaree militia case after listening to weeks of testimony and concluding that the government had no case. The group did not plot to overthrow the government and spark a violent uprising, she determined before sending the jury home.

Roberts 'did the right thing,' though unconventional, in Hutaree case

In another rare move that day — Roberts also let the cameras in her courtroom, which is not allowed in federal court. But Roberts did it anyway, throwing court security for a loop as she allowed media in to interview the jurors, and the world to see the defendants who had been locked up for years rejoice in their victory.

"It would have been very easy for her to just punt and leave it to the jury," said defense attorney Bill Swor, who represented the lead defendant in the Hutaree case. "There is a great deal of institutional pressure and inertia on judges to allow cases to go to a jury for a decision. Judges don't get any criticism if they let a case go to the jury and the jury acquits a defendant."

Swor continued: "But Judge Roberts put those institutional pressures aside and did the right thing. She analyzed the facts carefully and determined that no crime had been committed."

Swor, who has been practicing law for 50 years, said he can count on one hand how many times a judge has dismissed a case at the end of trial, and sent the jury home.

Defense lawyers routinely make such requests — though they are rarely honored.

"That took guts," defense attorney Mike Rataj said at the time.

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Retirement 'will leave the bench with a significant void'

Ten years later, Rataj echoed similar praises.

"It took a tremendous amount of judicial courage to pull the plug on that case," said Rataj, calling Roberts "one of the best judges that I've ever appeared in front of."

"Even if she ruled against you — you walked away with a decent feeling," said Rataj, recalling a time when Roberts gave one of his clients a stiffer punishment than he wanted. "She had articulated why. And like I said — you never walked out of her courtroom with a bad feeling, you always felt that you got a fair shake, and that justice was served. She's going to be sorely missed."

Added longtime defense attorney Art Weiss, who also worked o the Hutaree case: "Her retirement will leave the bench with a significant void. Throughout her judicial career, she has consistently displayed intellectual decisiveness, integrity and intestinal fortitude."

Prosecutors express respect

Former U.S. Attorney Barbara McQuade, who ran the U.S. Attorney's Office during the Hutaree trial, also had words of praise for Roberts, calling her a "dedicated, thoughtful, meticulous judge who takes seriously her duty to administer equal justice under the law."

"The legal community will miss Judge Roberts," McQuade said. "I did not agree with every one of Judge Roberts' decisions, but I respected her judgment and fierce independence."

Former federal prosecutor Mark Chutkow recalled handling numerous difficult cases before Roberts, including a Ukranian human trafficking ring, a large oil spill in the Rouge River and a bribery kickback scheme at Detroit Metro Airport. In every case, he remembers Roberts as being fair-minded, and never taking sides.

"She took the bench every day without a preconceived notion of how a case should be decided," Chutkow said. "She never put her thumb on the scale ... her departure will leave a big hole in our state's justice system."

Roberts' inspiring backstory

Roberts was nominated to the federal bench in 1997 by then-President Bill Clinton. She was the first judge to address the issue of the lack of representation of Black people in federal juries in the Eastern District of Michigan, and chaired causes that led to changes in how juries are picked.

In legal circles, it was hard to ignore Roberts' passion for racial justice. It was part of her life story.

A Detroit native, Roberts — one of seven children — was raised by blue-collar parents who instilled a strong work ethic. She graduated class valedictorian from St. Martin de Porres High School in 1969 and went on to study journalism and sociology at the University of Michigan. Her dream was to become a journalist, though that was cut short soon after college by a newspaper editor.

According to a 2018 article in the Legal News, a Detroit News editor told Roberts during an interview that “despite her excellent writing portfolio, the newspaper had already hired a Black reporter.”

"I left The Detroit News in tears," Roberts told reporter David Ashenfelter. "It was the first time I had faced such blatant racism.”

It was that setback that catapulted her legal career. At the advice of a friend, she decided to pursue law instead to battle injustice.

She went on to graduate from Northeastern University School of Law in Boston, spent 20 years in private practice and then became a federal judge.

'This is indeed a bittersweet moment'

At an annual legal conference last year at the Westin Book Cadillac, Judge Roberts spoke to a group of accomplished lawyers about "why race matters." Among those in attendance was veteran defense attorney Jim Thomas.

"She gave a heartfelt and personally revealing talk that showed how it was that she came to accomplish so much," Thomas said, adding, "It is not hard to empathize with her story. She is — and very well should be — an example to us all."

After listening to Roberts speak, Thomas said one "could not help but realize that she was formed, not only by her childhood experiences of separation and discrimination ... but also by the love and affection of her family," and her "determination to succeed in her education."

Above all, she was resilient. Despite setbacks and rejections, Roberts went on to build a successful career in the law.

"That pursuit led her to a successful practice, the recognition of her peers, the presidency of the Michigan Bar and finally the appointment to a federal judgeship, which she most capably administered fairly and with consideration to all sides.,' Thomas said. "She has the respect and admiration of the government and the defense. I wish her luck and happiness."

In announcing her retirement, Roberts offered words of praise for her judicial colleagues.

"It has been my highest honor to be in association with all of you and our former colleagues," Roberts wrote in a letter that was provided to the Free Press. "Few have the privilege or opportunity to serve the public in such an impactful way and to make decisions that influence every aspect of life and public policy. You have met the challenges with the devotion that our calling requires of us. Please know that I respect you all, and I will miss you."

She concluded: "After 22 years in practice and 25 on the bench, I look forward to the epilogue of my life. This is indeed a bittersweet moment."

Contact Tresa Baldas: tbaldas@freepress.com

This article originally appeared on Detroit Free Press: Detroit's 'gutsy' federal judge who pulled off a rare move will retire