One Afternoon in Fargo
By Thomas A . Dickson
It is a heart-stopping moment for the defense attorney . The bailiffs have informed the court . The jury has reached its verdict . Everyone returns to the courtroom ; lawyers , defendant , clerks , court reporters , and the judge . It has been a difficult trial to defend . No real settlement offer . Twelve jurors will decide the case .
The jury considered 11 separate counts . Not guilty on eight . Guilty on three . The minimum sentence is seven years in federal prison . A not surprising verdict in federal criminal trials . A not unusual sentence in federal criminal cases . The defendant , Jeffrey Ferris , has been out on pre-trial release for a year . He was the sole custodian of his minor child . However , the conviction requires an automatic remand . Mr . Ferris is now going to jail . The sentencing will be held at a later date .
But then the unimaginable happens . On May 17 , 2021 , the defendant commits suicide in the middle of the courtroom . The manner of death is brutal , barbaric , and effective . A defendant dies on the floor of a courtroom in Fargo . It takes four and a half minutes . A horrifying experience for everyone . Lawyers , law clerks , court reporters , legal assistants , law enforcement , marshals , judges , everyone - all witnesses to the unimaginable . The ripple effects of that morning in Fargo linger for a long time . The clinical elements of Post-Traumatic Stress Disorder ( PTSD ) are now a part of the court record , and a part of the lives of everyone in the courtroom that one afternoon in Fargo .
No one in that courtroom will ever forget that day . No one . But suicide is an occupational hazard in the criminal justice system and more specifically for the criminal defense bar .
Our friend and colleague , Ward Johnson III , ably and skillfully defended his client . This was not his first suicide . The circumstances in the Fargo courtroom were unimaginably horrific , but the suicide of a person under the stress of a serious criminal charge is not unusual . Many of us have had more than one .
Stress , substance abuse , mental illness , fear , anxiety , and rage are all elements brewed into the process . It is a toxic recipe for disaster .
In North Dakota , suicide is the second-leading cause of death for ages 10-34 . In 2019 , three times as many people in that age group died by suicide as opposed to alcohol-related car crashes . It has become the silent epidemic .
Lawyers themselves are not immune to suicide . Credible research indicates lawyers experience substance abuse and depression at
higher rates than the general public . It doesn ’ t take much of a leap to reach the next step .
We recently had a well-liked and well-respected lawyer in Bismarck commit suicide . Another 48-year-old lawyer drank himself to death . Both left families behind . When that happens , we all avert our eyes and move on to the next day . What is not mentioned , never happened . But the truth is , it happens more than we admit . It happens more than it should .
In many ways , North Dakota is a small town and in small towns , many things are shared . Meals are shared . Baseball uniforms are shared . Rides to ball games are shared . Garden vegetables are shared . But not everything is shared . Suicide is not shared . It is borne only by one family . Alone . Heartbroken . Hopeless . Everyone else looks away , looking to get away from that moment when the unimaginable turns into the unmentionable .
SBAND has a Lawyer Assistance Program . We have it for a reason . Please never be afraid to call . Telephone : 701-255-1404 . Email : NorthDakotaLAP @ gmail . com .
Ironically , but not timely , on June 10 , 2021 , the United States Supreme Court in Borden v . U . S . ruled that reckless conduct no longer qualifies as a “ violent felony ” under Federal law . Mr . Ferris would not have been remanded if the Borden case had been decided three weeks earlier .
Thomas A . Dickson has extensive experience in a variety of areas , including criminal defense , plaintiff ’ s personal injury , and oil field personal injury . He has tried more than 100 cases to jury verdict in North Dakota courts over the past 30 years .
20 THE GAVEL