High Court Drama Is in Session

Earlier this month, television director Brandon May was holding court over the U.S. Supreme Court. The nine justices sat patiently in their high-backed chairs on a massive Hollywood sound stage as May hurried around in front of them and looked frantically at the surroundings and the well-dressed people filling the courtroom.

“Very good, very good background artists,” May declared, scanning the extras while some of the justices chuckled from on high. “You all look very good for the justice system. OK, let’s get this show on the road.”

Of course, the “justices” were actually not in session. But May was in charge of an incredible simulation as he directed an episode of CBS’ upcoming series “First Monday,” a drama based on the Supreme Court.

The series stars Joe Mantegna, James Garner, Charles Durning and several other seasoned actors playing the nine justices. Also featured are parallel stories about four young law clerks working for the justices.

Creator Donald P. Bellisario said he wanted to develop a drama that would appeal to CBS’ traditional older audience yet still bring in younger viewers.

Although fictional, the series has its roots in authenticity. The chambers have been painstakingly re-created at Sunset-Gower Studios, built to scale to the height and width of the court. Red velvet curtains and pillars that resemble marble surround the chambers. Although the court is split politically, the characters are not directly related to real-life justices such as Clarence Thomas or Sandra Day O’Connor.

There is, however, another realistic aspect to this court that Bellisario had not quite counted on when he first developed the series several months ago--an acknowledgement of current events and a heightened sense of anxiety in Washington.

“It’s not something we want to touch on, but we absolutely have to deal with it,” said Bellisario, who is also the creator and executive producer of CBS’ military drama “JAG.” “The justices will be concerned about opening their mail, especially hate mail. They will have extra security around them, more than they normally would have. One of them will express a reluctance to fly.”

Although no Sept. 11-related plot lines are immediately in the works, Bellisario said there will be an episode about a military tribunal that will touch on issues prompted by the attacks.

“We’re not making a documentary here,” he noted. “But it is something that does need to be addressed.”

Chas. Floyd Johnson, one of the series’ co-executive producers, added, “I don’t think any show like this can ignore what’s happened. But there are several other issues that we want to look at, so it’s not something we’re going to concentrate on.”

Mantegna said he is glad that the series will not be heavy-handed or preachy in its approach to the Sept. 11 attacks.

“The attacks didn’t really put a change in the tone of our show, and I don’t know if there should be,” said the actor, who plays Justice Joe Novelli, the swing vote on the court, which has four liberals and four conservatives. “Sure, we can work in references, but I think it’s important to keep the status quo. People are aware of what happened, and it shouldn’t be something that alters the show.”

Among issues the “First Monday” justices will tackle will be the three-strikes law and how it affects a troubled teen who takes an apparently innocuous joy ride in a stolen car; abortion rights, in the form of a pregnant 16-year-old who wants to have an abortion although her parents demand that she keep the baby; and the polygamy of a Sephardic Jew.

“When a case reaches the Supreme Court, it’s not black-and-white anymore--it’s gray,” Bellisario said. “And the justices are grappling with what the law says and what they feel is right, even though they may have their own personal feelings about it. I find that fascinating. No one has ever looked at that in a TV show before.”

Bellisario said CBS Television President Leslie Moonves was immediately excited about the premise. “He heard my 20-second pitch over the phone and said, ‘Go make your pilot,’” he said. Moonves was intrigued by the mix of veteran performers and younger actors, and how they would interact, according to Bellisario. Despite that enthusiasm, buzz has circulated recently in industry circles that CBS has some creative qualms about the series, and CBS executives declined a request to discuss the program.

In addition, should “First Monday” last into the spring, the show will no doubt be compared with ABC’s midseason Supreme Court drama, “The Court,” which stars Sally Field as a new justice. That show has experienced problems, receiving a new production team and undergoing a creative overhaul before a planned debut in March.

“First Monday” does not have cooperation or input from the real Supreme Court, but Bellisario remains open to suggestions. “We’ll be sending them tapes, just in case they want to let us know what they think,” he said with a chuckle.

“First Monday” will premiere Jan. 15 at 9 p.m. on CBS before moving to its regular time slot of Friday nights at 9. The show is not yet rated.

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Greg Braxton is a Times staff writer.