The Trials of the Honorable F. Darcy (33 page)

***

By the time they drove back on Monday morning, Georgiana was satisfied that Elizabeth loved Darcy; she gave her private blessing on the relationship and relinquished her brother to the woman he loved.

With the San Diego office set up and her return imminent, Elizabeth and Darcy asked for a meeting with Mr. Gardiner. He greeted them warmly in his office and they told him that they would be continuing their relationship. He smiled warmly and hugged both of them.

Both were relieved to have this conflict over. Announcing their relationship after returning from Pemberley would have been impossible; their vacation together would call into question whether Darcy had been impartial in the weeks leading up to that vacation, thereby putting into question all of her prior trials before him. Both were confident that he had remained impartial, but the appearance of impropriety was overwhelming. By removing herself for several months, they were able to assert that their relationship had started during her absence; any question of her prior trials was therefore less likely. While the deception itself was distasteful to Darcy, there was nothing else to be done. Therefore, the only issue was how to handle her return and her future appearances.

“We need to meet with the Presiding Judge and ask his advice,” Mr. Gardiner said. They all went downstairs to Darcy’s chambers, where he called Oliver Boyd; Judge Boyd was available and invited them to his office for the meeting.

“Oliver, Miss
Bennet
and I have developed a relationship since her transfer to San Diego. She will be returning soon and we would like to know what to do with the scheduling of her appearances,” Darcy said in a business-like manner. Mr. Gardiner and Darcy sat on either side of Elizabeth. Oliver looked speculatively at Darcy and Elizabeth for a moment.

“It’s serious?” he asked. Elizabeth, Darcy, and Mr. Gardiner all nodded. Oliver sighed.

“Then you cannot have any trials before Will,” he said to Elizabeth.

She nodded. “Yes, I understand that.”

“We are concerned whether she can have any type of hearing before Judge Darcy and whether this affects the entire firm,” Mr. Gardiner said. Oliver thought for a moment.

“Well, my inclination is to bar her only from trials where Will would be deciding the outcome. I’m sure you would decide them fairly regardless of your relationship with Elizabeth but you can see that there would be at least the appearance of conflict,” Oliver said, stroking his chin. Both Darcy and Elizabeth nodded.

“You wouldn’t be deciding any material issues in settlement and case management conferences, so my inclination would be that Elizabeth could continue to appear at those hearings without any conflict.” They both nodded again. “I leave it to you whether you feel you need to disclose the relationship when it’s not Elizabeth appearing before Will. I don’t see a conflict in that situation but, again, I leave it to you, Milton,” Oliver said to Mr. Gardiner.

“I would of course wish you to respect our privacy and not disclose our relationship unless absolutely necessary,” Darcy interjected. Both Oliver and Mr. Gardiner nodded.

“Then I think it need only be disclosed to Judge Clayton at this time so that she understands the situation and doesn’t transfer any of Elizabeth’s trials to you.”

“What about situations where my opposing counsel objects to Judge Clayton?” Elizabeth asked. “Will I have to remove myself from the case completely? If I’ve worked up the case, I can’t in good conscience turn it over to another attorney for the trial,” she said. Everyone nodded.

“If that arises, I suggest we disclose the conflict to opposing side. If they still object to Judge Clayton, I propose that we assign another attorney with Elizabeth overseeing the case but not actually trying it. That way the case wouldn’t be jeopardized by a new attorney subbing in and we’d have the conflict aspect removed as much as possible. Of course you would need to get waivers from your clients,” Oliver said. Everyone nodded in agreement. “Well, shall we call Frances in?” he said, picking up the phone.

Judge Frances Clayton came into Oliver’s office and was surprised to see Darcy, Elizabeth, and Mr. Gardiner there. The situation was quickly explained to her. She looked from Elizabeth to Darcy and back again. Great, she thought.
I’m going to be appealed from now to Tuesday on every one of her trials.

***

“What do you mean, no?” he asked, confounded.

“I don’t feel comfortable with that just yet,” she answered. Darcy looked at her across the bed. She sat curled in her robe on the bed.

“You stay here every night as it is,” he protested.

“I know but I still have the option of going home if I
want
to,” she replied. He sighed in disappointment. She wouldn’t move in with him.

“Are you so intent on dumping me?” he asked. “Do you really need a back-up plan?”

She laughed. “No but I suspect you may want to throw me out at some point. Like now.”

He smiled at her and patted her thigh in a paternal manner.

“Very well, continue to sleep, eat, and do your laundry here. Pick up your mail somewhere else and pretend you don’t live here, if it brings you comfort,” he said.

She laughed at him.

“Don’t be such a sourpuss on our anniversary,” she said. He raised an eyebrow at her.
Anniversary
?

She sighed. “Men are all alike. Exactly one year ago, Speed Racer picked up Azreal and took her for a wild spin in a Ferrari.”

He laughed. “And they have careened out of control ever since!”

“I thought we should celebrate our milestone,” she said with a mischievous look. He raised his other eyebrow. She undid her robe; beneath she wore a black leather teddy, garters, and black fishnet stockings. She gave him a sultry look and ran her riding crop down his leg
where did that come from
?

“Am I to put on my riding boots?” he asked, unable to tear his eyes away from her.

“Oh, no, this is your costume.” She showed him a feathered Mardi Gras mask. He looked at it skeptically.

“This and
...?”
he asked.

“And nothing more,” she smirked.
Well, if it turns her on
...
he stripped off his t-shirt and shorts and stood naked before her. She sat on the edge of the bed, legs spread, and handed him the mask. He obediently put the mask on and kneeled before her in submission. He did not meet her eyes; he knew how a proper servant was supposed to conduct himself. But he did not suppress his wicked smile when he said,

“I am at your service, Mistress.”

***

Despite Elizabeth’s worst fears, the transition back to Mr. Gardiner’s office went smoothly. Their conduct was beyond reproach; neither showed the slightest indication of interest in the other. Their hearings were conducted with civility and a little more humor than before. Their relationship was disclosed only on a need-to-know basis, which was surprisingly little. And yet, by the end of the month, nearly everyone knew of their relationship; in fact, only Darcy and Elizabeth believed their relationship to be little known. And surprisingly, everyone respected their privacy and their wishes to remain discreet.

“Now George, you understand that I have a personal relationship with the Judge, so I won’t be trying your case. However, Mary is an excellent attorney and I’ll be overseeing the trial, so there’s nothing to worry about,” Elizabeth assured her client as they sat in Judge Darcy’s courtroom.

“Whatever you say, Elizabeth,” said her client nonchalantly. It was just a marijuana rap, after all. He seemed confident that the prosecution would not succeed in their efforts to turn it into a felony count and invoke the three-strikes law. Elizabeth was less confident but intended to do her best.

It was the first situation where her opposing counsel had objected to Judge Clayton even after her conflict with Darcy was disclosed. She sat behind Mary King in the courtroom as the trial was called to order. Judge Darcy came out to the bench and looked up at the defense table. He dropped his gavel. Elizabeth saw his face grow still and then white. Her client began to laugh.

“I am removing myself from this case,” Darcy said tightly.

“Uh, no, Your Honor, I’ve objected to Judge Clayton and have waived the potential conflict,” Mr. Johnson said, standing. Elizabeth and Mary King also stood. Her client continued to chuckle behind his hand. She glanced at him disapprovingly.

“No, I am removing myself,” he said firmly.

“Your Honor, could we please have a private meeting?” Elizabeth said. Darcy appeared agitated and nodded curtly. She motioned Mary to stay with George and she and Mr. Johnson followed him to his chambers. He closed the door quickly behind him as they entered his office.

“I cannot,” he said curtly.

“Why not, if Mr. Johnson has waived the conflict?” Elizabeth asked, concerned.

“This has nothing to do with our relationship,” Darcy bit off roughly. Elizabeth looked at Mr. Johnson in confusion. He returned her concerned glance. Darcy was pacing in his office, fists on his hips. Elizabeth saw that he was trying to compose himself.

“I have a personal grievance with that
...
man,” he said after a moment. “I could not give him a fair trial.”

Mr. Johnson looked concerned. “Why not?”

“That is my personal business,” Darcy spat out. He struggled for composure again. “Elizabeth, considering our relationship, I think you should withdraw from the case entirely.”

“What? What are you talking about? I can’t do that,” she said, mystified at his behavior.

“Mr. Johnson, would you allow me a moment with Miss
Bennet
?” he asked. Mr. Johnson nodded and left.

“What is it, love?” she said, touching his arm.

“That
thing
out there raped Georgie when she was 15, got her pregnant and hooked on heroine. I thought he had fled the state long ago but apparently he’s back,” he said with quiet violence. He looked at her and said vehemently, “You cannot be on his case either.”

Elizabeth was shocked. She had known about Georgiana’s past but had no suspicion that it was her client, George Wickham, who was the culprit. He was a nice guy, charming, and seemed to be a little down on his luck. Nothing about him suggested that he was capable of this.

“I see,” she said quietly. She nodded. “Of course, I can’t be on it. I’ll advise Mr. Gardiner immediately. We will need to postpone the trial until we get it straightened out.”

“You won’t fight me on this?” he asked, surprised. He had expected her to deny that there was a conflict for
her
, to assert that she had no knowledge of the events and could represent him fairly.

“Of course not. Your grudges are my grudges. I won’t represent anyone who’s done you any harm, surely you know that?” she said, holding his hand in hers. He was uncommonly touched by her immediate capitulation to his request. He knew she could be stubborn to a fault and even now they had professional differences. But this was something deeper, something very important to him, and she saw it immediately and made her choice without hesitation.

He kissed her temple gently.

“Thank you,” he whispered shakily. “I can’t go back out there and face him. I will kill him with my bare hands.”

“I’ll get Mr. Johnson,” she said and opened the door and beckoned him in.

“Dave, in light of what Will has just told me, I will have to remove myself from this case. It’s a matter of some significance and I could not in good conscious represent him even before Judge Clayton.”

Dave Johnson stroked his chin. “We may need to try to transfer this to another venue, then,” he mused. Elizabeth nodded.

“Oliver can do that now,” Darcy said. “You’ll have to talk to Milton about continued representation within the firm,” he said, looking at Elizabeth.

She nodded.

“Thank you, Mr. Johnson, for your understanding,” Darcy said, shaking his hand.

“It’s a shame, you’re a good judge. On the other hand, perhaps it will be easier for me to get a prosecution on him. We’re trying to get this as a third strike, life in prison.”

“I sincerely wish you luck. That man is an animal,” Darcy said gravely. He sat in the chair behind his desk and pressed his forehead on his fists. Mr. Johnson was taken aback by Darcy’s statement; he had never known Judge Darcy to make any personal comments a
bout criminal defendants. This ‘
personal grievance
’
must have been something very significant indeed.

“Would you please go tell Mary what’s going on, Dave?” Elizabeth asked. “Don’t wait for me, go ahead and call Oliver to get the venue change. Mary can handle that.”

Mr. Johnson left, closing the door behind him. Elizabeth stood behind Darcy as he sat in his chair, put her arms around him and kissed the top of his head. He leaned back into her arms and closed his eyes.

“I’ll have to tell Georgiana,” he said quietly.

“Is it necessary? Is she likely to find out otherwise?” she asked.

“I won’t have her being surprised by him on the street if he gets out on bail or worse. I’ll need to tell her.” She nodded and pressed her cheek to his head.

“Thank you. You bring me great comfort,” he said at last. It was with great relief that they learned several weeks later that Mr. Johnson had succeeded and Wickham was sent to prison for life