THE HISTORICAL SOCIETY OF January 2005 THE UNITED STATES DISTRICT COURT FOR Volume VII, Issue 2 THE DISTRICT OF NEW JERSEY NUNCNUNC PROPRO TUNCTUNC

Message From Our President

The Judges and law- Judges, 25 Magistrate Camden and Newark. We yers involved in the activi- Judges, 26 Bankruptcy hope to do this each year. ties of our Society are, as Judges and thousands of • Recently, as a tribute to our beloved Chief Judge lawyers. Today, our Soci- our Judge and lawyer Gerry (1925-1995) elo- ety’s members are fulfilling members, we held a fes- quently said in 1991, only their duty to reach beyond tive reception while unveil- temporary custodians of ourselves, as Judge Gerry ing a reproduction of the the proud traditions of our urged, in the service of the first seal of the Court. Court. Those traditions Court. • On April 21, 2005, we will began 215 years ago when be celebrating our Annual Inside this issue: our first Judge, David Here is what we have been Gala. This time it will be Brearley, convened the first and will be doing: held in Camden to honor session of the Court in • A few weeks ago, we Senior Judge Stanley Brot- Message from the 1 1790. Since then our conducted our first man, who has been on the President Court’s history has been in swearing-in ceremony bench for 30 years. Society honors Judge 1 the custody of 75 District for new lawyers in (see ROBINSON on page 2) Brotman U.S.Attorney-a brief 2 Society to Honor Judge Brotman history The Second Lindbergh 3 On April 21, 2005 the Historical Society will hold a Gala in the Camden Kidnapping Courthouse commemorating Judge Stanley Brotman’s 30 years on the Federal Bench here in New Jersey. Judge Brotman has had an unprecedented career on the bench. His story is highlighted in this first of two articles

ten by the Baron de Hirsch Did you know... A Brilliant Career By Thea Parent, law clerk Fund and a handful of other • Judges Brotman and to Judge Brotman philanthropists, they estab- Bassler have held the lished a nurturing community in which to raise children and position first held by United States District lead productive lives. NJ’s first federal Judge Stanley Brotman in- Judge Brotman was im- judge, David Brearley herited a special legacy pressed by his grandfather’s from his grandfather, Abra- • William S. Pennington example of daring and his ham Brotman. As a young served as a judge and restless drive to build. Long his son William Pen- immigrant Abraham estab- Honorable Stanley S. Brotman after the factory had closed nington was the Clerk lished a coat factory in families to the new town of and Abraham had moved to of the Court. Brooklyn, New York, and Brotmanville. The shared Vineland, his compulsion not long thereafter, was • Richard Stockton be- dream of these newcomers persisted to plan neighbor- struck by an idealistic de- came New Jersey’s was to escape the tyranny hoods and build homes with sire. He moved his factory first United States of Europe and to own land his trademark, a pair of stone to a tract of land in Southern Attorney at the ripe in America. The factory posts at the entrance to the New Jersey, and attracted old age of 25! provided the wages to real- driveways. His grandson a small number of immigrant ize their goals. Underwrit- (See BROTMAN, page 3 ) NUNC PRO TUNC Volume VII, Issue 2 Page 2

ROBINSON chives and for public nomination subject to the law enforcement. Continued from page 1 display. confirmation of the United The 1870 Act, together • Through the efforts of We are proud of these States Senate. These with legislation in 1896 and Board member Doug completed projects: early officials, working with- 1906, granted the Attorney Arpert, we are arrang- • Restoration and place- out the aid of full-time As- General authority to super- ing for a trip to the Su- ment of the Eagle at sistant United States Attor- vise criminal and civil pro- preme Court of the the Martin Luther King neys, operated virtually ceedings in all districts. United States to swear Jr., Courthouse. autonomously representing Thus, the days of the in a group of our mem- • The 3 lawyer lounges the federal government in United States Attorneys’ bers in November 7, in each vicinage. matters within their own complete autonomy ended. 2005. • The exhibits in each district. Until 1861, the Being part of a unified sys- • Our long awaited for- vicinage Courthouse. Attorney General had no tem, however, provided mal history of the Court • On the 50th Anniver- supervisory authority over benefits. For example, the entitled, “This Honor- sary of Brown v. Board the United States Attorneys 1896 reforms provided for able Court”, is in the of Education, we con- and had no role in district the appointment of Assis- hands of a publisher ducted a program of activities. Rather, the At- tant United States Attor- following four years of distinguished panelists torney General’s duties neys and established a extensive research and that included Judge were limited to handling writing. The publisher Robert L. Carter, who matters in the United has promised a Fall argued that historic States Supreme Court and 2005 publication. case. serving as counsel to the • We publish a newslet- President and Department ter aptly entitled Nunc We encourage participation heads. The Secretary of Pro Tunc. from our federal bar and State and, subsequently, • Judge Hedges contin- are actively recruiting new the Solicitor of the Treas- ues to collect historical members. Please help our ury oversaw the activities materials for our ar- beloved Society thrive. of the United States Attor- neys . In 1861, Congress enacted legislation that delegated to the Attorney Richard Stockton General “general superin- 1st US Attorney tendence and direction du- The United States Attorney ties” over United States fixed-salary structure. Be- Attorneys. fore 1896, the compensa- ...a brief history In 1870, Congress cre- tion structure of United By Patty Schwartz, in which the United States ated the Department of States Attorneys resem- United States Magistrate shall be concerned . . . .” Justice [“DOJ”]. Under the bled that of private attor- Judge The statute did not provide “Act to Establish the De- neys. Rather than receiv- partment of Justice” [“the ing a standard salary, they The Judiciary Act of a title for these public ser- 1789 may be best known vants, but subsequent stat- 1870 Act”], Congress were compensated by re- for establishing the federal utes and cases frequently sought to unify the national taining a percentage of judiciary, but it also created referred to them as “district legal agencies and assist recoveries. Under this another post. The Judici- attorneys.” In 1948, the United States Attorneys in funding arrangement, early ary Act specifically pro- Judicial Code formally handling the explosion of United States Attorneys vided for the appointment adopted the term “United post-Civil War litigation were able, and financially in each judicial district of a States Attorney.” involving the United States. needed, to operate private “person learned in the law An early draft of the Ju- The 1870 Act named the practices. Indeed, a review to act as attorney for the diciary Act authorized dis- Attorney General head of of reported cases involving United States . . . whose trict judges to appoint DOJ, created the Office of United States Attorneys in duty it shall be to prosecute United States Attorneys, the Solicitor General (the New Jersey reveals that in each district all delin- but the final version of the federal government’s attor- those individuals were ac- quents for crimes and of- Act failed to provide explicit ney who handles matters tively litigating matters on fences, cognizable under appointment authority. before the United States behalf of private parties. the authority of the United Thus, this power rests with Supreme Court), and gave Concern that this method States, and all civil actions the President, with each DOJ control over federal (See US ATTORNEY, page 4) NUNC PRO TUNC Volume VII, Issue 2 Page 3

Brotman turned to complete his un- on the recommendation of had worked tirelessly for Continued from page 1 dergraduate studies at Senator Clifford Case, many years. Judge Brot- Yale. Brotman was appointed to man served as Acting grew up believing that a As a child, Judge Brot- the District Court for the Chief from December 1989 man should take chances man wanted to become a District of New Jersey in to August of 1992, when in pursuit of constructive lawyer to emulate his fa- Camden by President Ge- the President named a per- goals. vorite uncle, Aaron Brot- rald Ford, in 1975. Since manent local resident to On December 7, 1941, man, who had died at the 1980, in addition to his du- the vacancy. Japan attacked Pearl Har- age of twenty-nine. Brot- ties in New Jersey, Judge bor, and in 1942, when he man earned his L.L.B. de- Brotman has also been was eighteen years old, gree at the Harvard Law temporarily designated by Though St. Croix was Stanley Brotman inter- School in 1950, and was the Third Circuit to serve 80 percent devastated rupted his college educa- admitted to the New Jersey on the District Court of the and without electricity, tion to join the United Bar in November of that Virgin Islands to render ... within 36 hours the States Army. He was part year. His plans to practice assistance as may be re- Judge returned to of a highly motivated gen- law were postponed when quired from time to time. assist in reopening the eration of young Americans The assignment continues Courts in St. Croix and who enlisted. After basic to date. St. Thomas training, Brotman was se- In September 1989, lected to participate in the Judge Brotman, his court Army Specialized Training reporter and a law clerk Program and was sent to were on St. Croix when it Yale University for lan- suffered a sixteen-hour In 1990 Congress en- guage training. He was direct hit from Hurricane acted the Civil Justice Re- one of seventeen soldiers Hugo. Two days later they form Act which mandated taught to speak, read and were located and evacu- that each Judicial District write Burmese. They also ated to Miami and then produce a Civil Justice Ex- studied the political, eco- home. Though St. Croix pense and Delay Reduc- nomic and social back- was 80 percent devastated tion Plan. Under the direc- ground of the countries of and without electricity, tele- tion of Judge Brotman, a Southeast Asia and China. phones or drinking water, committee was appointed Before he was sent to he was recalled for active within 36 hours the Judge in the District of the Virgin Burma, (now known as duty in 1951 as a military returned to assist in re- Islands consisting of the Myanmar), Brotman was intelligence officer during opening the Courts in St. two magistrate judges, rep- assigned to the Horse Cav- the Korean Campaign. He Croix and St. Thomas. It resentatives of the bar, and alry in Ft. Riley, Kansas served with the Armed was essential to reestab- members of the community where he received inten- Forces Security Agency in lish a Federal Judicial pres- at large. Judge Brotman sive instruction that in- Washington, D.C., where ence as soon as possible was able to obtain funding cluded challenging obsta- he was joined by his bride, to assure the people that to hire William Slate, for- cle courses. The strategic Suzanne. Wasting no off- they were protected and mer Third Circuit Execu- thinking was that horses duty time, he took another not forgotten. tive, as an expert advisor would be needed for the Bar Exam and became a Three months later, to the committee. The Burma terrain. Once in member of the D.C. Bar, a Chief Judge David O’Brien committee wrote a com- Burma, however, Brotman membership he still main- succumbed to cancer, and plete case management was given a jeep! Initially tains. Judge Brotman was ap- evaluation which proposed attached to the Counter- In May of 1952, Brot- pointed by the Third Circuit updating of local civil, Intelligence Corps, he was man returned to his home- as Acting Chief Judge to criminal, bankruptcy and subsequently transferred to town and opened a solo replace him. Keeping a admiralty rules, as well as the Office of Strategic Ser- law practice. In 1957, he promise made to Judge arbitration and mediation vice (OSS), Detachment joined Samuel L. Shapiro O’Brien, Judge Brotman procedures. The District of 101. Ultimately, his unit in a partnership which grew helped oversee construc- the Virgin Islands became received a Presidential Unit into the firm of Shapiro, tion of a new Courthouse one of the first 25 districts Citation for Outstanding Brotman, Eisenstat and on St. Croix in 1991, a pro- in the nation to be recog- Performance. He served Capizola. After 23 years in ject Judge O’Brien had nized as an Early Imple- until 1945 and then re- the general practice of law, conceived and for which he (See BROTMAN, page 4) NUNC PRO TUNC Volume VII, Issue 2 Page 4

BROTMAN US ATTORNEY States Attorneys and fo- sulted, in part, from the Continued from page 3 Continued from page 2 cused on traditional organ- Attorney General’s re- mentation District. of compensation encour- ized crime within desig- sponse to current events. When Judge Brotman aged vexatious litigation, nated regions that covered Although the supervi- recalls his 23 years of ser- the Attorney General im- multiple districts. The sory authority of the Attor- vice in the Virgin Islands, posed a fixed salary sys- strike forces were later ney General allows him to his concern and affection tem based on caseloads. merged into United States direct the implementation for its people become ap- The United States Attor- Attorney’s Offices and their of specific initiatives, parent. From the day he neys, as the chief federal focuses were expanded to United States Attorneys arrived, the Judge had the law enforcement officers in address nontraditional or- retain discretion to use invaluable cooperation of their districts, always have ganized crime. In the their resources to address Magistrate Judges Geof- been responsible for en- the needs of their districts. frey Barnard and Jeff Res- forcing federal criminal As a result, caseloads vary nick, and the Clerk of the laws and representing the considerably among the 93 Court, Orinn Arnold. In United States in civil ac- judicial districts. In addi- addition, the efforts put tions. Early United States tion, United States Attor- forth by the court personnel Attorneys, however, had neys retain full authority to in both St. Croix and St. additional duties. For in- control personnel, fi- Thomas were outstanding. stance, they were required nances, and procurement The Judge looks on his to report on the nature of based upon each office’s experience in the Virgin the federal judicial docket, individual budget. Thus, Islands as a source of they were authorized to the current structure of co- deep satisfaction. transfer cases between the William S. Pennington ordination between the former circuit courts and US Attorney 1802-1803 DOJ and the United States district courts, and they Attorneys results in a sys- were permitted to select tem under which both na- United States Commission- 1980s, the United States tional priorities and local The “Second” ers (the predecessors to Attorney’s became soldiers concerns are addressed Lindbergh Kidnapping the United States Magis- in the war on drugs and under the auspices of the by Jessica M. Mayer trate Judges) to handle additional personnel were United States Attorney. How is this for start- initial appearances for hired to handle complex These increased duties ers…famous New Jersey those arrested for certain national and international are performed through a names: Schwarzkopf, offenses. Today, the Ad- drug cases. In response to growing arsenal of federal Lindbergh, Wilentz…two ministrative Office of the the national savings and statutes. For instance, the United States Attorneys, U.S. Courts gathers docket loan crisis, United States number of federally prose- two New Jersey Gover- reports, the former circuit Attorneys utilized criminal cutable crimes has grown nors, four New Jersey fed- courts do not exist, and and civil resources to from 115 in 1975 to over eral district judges, one United States District prosecute fraudsters and 3000 in 2003. The role of third circuit judge…all Judges select United forfeit their ill-gotten gains. the federal prosecutor has linked together in one of States Magistrate Judges. When local law enforce- also grown to include sig- the longest and most juris- These duties, however, ment asked the federal nificant participation in the dictionally convoluted fed- were replaced with other government to help combat investigative phase of civil, eral cases New Jersey has tasks that DOJ assigned. the rising violent crime criminal, and intelligence ever seen. For example, DOJ has re- rates in the 1990s, the At- matters. Most are probably famil- quired local United States torney General directed Regardless of the role iar with the Lindbergh baby Attorneys to carry out vari- United States Attorneys to or decade, the United kidnapping, but only a few ous initiatives that an Attor- apply manpower to prose- States Attorneys and their will remember the subse- ney General wished to pur- cute firearms offenses. assistants have always quent legal tug of war that sue in response to specific Following the tragic events been held to a higher stan- resulted among four New crime problems. For in- of September 11, 2001, dard than other attorneys Jersey district court judges stance, in the 1960s, the United States Attorneys who appears before the and a state court from New Attorney General estab- received additional re- Court. The reason is clear: York. lished organized crime sources to fight terrorism. ”the United States Attorney The Lindberg case had strike forces in various Thus, the growth of the is the representative not of two kidnappings. First and parts of the United States, United States Attorneys’ an ordinary party to a con- which originally acted Offices and their workload troversy, but of a sover- (See PARKER on page 5) separate from United over the last 40 years re- (See US ATTY page 5) NUNC PRO TUNC Volume VII, Issue 2 Page 5

U S ATTY torney. On March 26, The number of active dis- PARKER continued from page 4 1861, Anthony Keasbey trict judges has increased Continued from page 4 eignty whose obligation to began his tenure as the from one to seventeen and most obvious was the kid- govern impartially is as longest serving United the number of attorneys napping of the Lindbergh’s compelling as its obligation States Attorney, holding working for the United child and the subsequent to govern at all; and whose the position for 25 years. A States Attorney has grown murder. Second, and the interests, therefore, in a 1898 reported decision from one to more than 130. focus of this article, was criminal prosecution is not suggests that the first New When the Court convened the kidnapping of Paul H. that it shall win a case, but Jersey resident to have the for its first session involving Wendel, a disbarred New that justice shall be done. three words, “United States the United States Attorney Jersey lawyer who was Berger v. United States, Attorney,” to actually follow on December 22, 1789, the tortured and forced into 295 U.S. 78, 88 (1935). his name was J. Kearney only business before the The proud history of the Rice, who served from Court was the swearing in United States Attorney for 1896-1900. Two sets of of three attorneys. Today, the District of New Jersey brothers, Richard Stockton the United States Attorney reflects an embodiment of and Lucius Horatio Stock- is the most frequent litigant this standard. Fifty-four ton in the 18th Century, and in federal court, handling Raymond Del Tufo, Jr., hundreds of criminal and and Robert Del Tufo in the civil cases for the United Of the 55 United States th Attorneys, six of them, 20 Century, served as States. Yesterday’s United William Pennington, United States Attorneys in States Attorney pursued Frederick Lacy, Herbert New Jersey. Of the 55 cases involving customs Stern, Samuel Alito, United States Attorneys, duties, counterfeiting, and Michael Chertoff and six of them, William Pen- bank robbery. Today’s Ellis Parker, Sr. Faith Hochberg, have nington, Frederick Lacy, United States Attorney served as federal judges Herbert Stern, Samuel confronts issues of local, confessing to the Lind- Alito, Michael Chertoff and national and global con- bergh kidnapping. Faith Hochberg, have cern, from violent crime to In the center of this men and one woman have served as federal judges. terrorism, and political cor- story is Ellis Parker, Sr. He served as the United The 54th United States At- ruption to corporate fraud. worked as a detective for States Attorney for the Dis- torney for the District of Today’s United States At- Burlington County for 46 trict of New Jersey during New Jersey, Robert torney receives a fixed sal- years. To some, he was its 215 year history, and Cleary, occupies as unique ary. One can only imagine called the “greatest detec- hundreds of people have place in the District’s his- the reaction of yesterday’s tive in the world,” and to served as Assistant United tory as he also served as United States Attorneys, others, the “Sherlock States Attorneys and mem- the United States Attorney who were compensated Holmes of America. Other bers of the support staff. for the Southern District of based upon recoveries, if counties in New Jersey Richard Stockton, the Illinois. Other former they knew that the Civil would come to Parker for son of a signer of the Dec- United States Attorneys Division of the United advice on tough cases, and laration of Independence, had great success in the States Attorney’s Office in his fame spread to other was President Washing- private sector and served New Jersey recovers more states and even other ton’s choice to serve as in Congress, as Attorney than $100 million annually countries. Unfortunately for New Jersey’s first federal General for the State of and the United States At- Parker, the state didn’t district attorney. Maritime New Jersey, as members torney has authority over a seek his help in the Lind- and custom duty issues of the state legislature, as multimillion dollar budget! bergh case. occupied the time Mr. Judges of the New Jersey Times may have When the Lindbergh Stockton devoted to this Superior Court and as Jus- changed but all of these baby was kidnapped, NJ position. Following Mr. tices of the New Jersey activities have occurred in State Police Colonel Nor- Stockton’s two years as Supreme Court. the context of a rich history man Schwarzkopf was put United States Attorney, The 215 year history of of service to the people of in charge of the investiga- President John Adams the United States District the District of New Jersey tion. The state police had nominated a member of Court and the United and United States. recently been created and the Frelinghuysen family, States Attorney’s Office for when Parker was not Frederick Frelinghuysen, to the District of New Jersey asked to assist in the in- serve as United States At- is marked by expansion. (See PARKER on page 6) NUNC PRO TUNC Volume VII, Issue 2 Page 6 Editor: Frances C. Bajada

Send your comments to: for a week being beaten from Brooklyn to New Jer- Siltzer then proceeded [email protected] and tortured until he gave sey against his will, they to Trenton to request v his coerced confession. ironically indicted him un- Judge Forman have the Oddly enough, Wendel had der the statute then known venue changed to South considered himself a friend Jersey where Parker lived. of Parker’s and didn’t real- This was denied. Instead ize until later that Parker Judge Avis ordered that if the of appealing Judge For- Visit our website at had been behind his kid- warrant was served that man, he proceed back to www.history.njd.uscourts.gov napping all along. Newark to request Judge Parker should not appear in Wendel was then moved to front of Judge Clark but be Clark to move the case to New Jersey where a longer Burlington. Changing his brought before him confession was extracted mind, Silzer filed an appeal from him after finally meet- of Judge Forman’s ruling to Our Officers ing with Parker himself. Circuit Judge J. Whittaker Confession in hand, as the ”Lindbergh Law” Thompson, who restrained President: Donald Robinson Parker turned Wendel over which proscribed transport- Quinn from trying the case Treasurer: Sean Kelley to David T. Wilentz, Attor- ing a kidnapped person in Newark. Judge Thomp- Exec.Director: Susan Travis ney General of NJ, who across state lines. son ordered the lawyers on Of Counsel: Eugene Haring was the prosecuting attor- Defendants Ellis Parker, both the defense and the Beth Yingling ney for the original kidnap- Sr., and Ellis Parker, Jr. prosecution to appear be- ping trial. Wendel’s were represented by for- fore the Third Circuit Court “confession” caused a mer N.J . Governor George of Appeals to present each three-day delay of the exe- S. Silzer. The prosecution side. On April 14, 1937, cution of Bruno Richard was handled by US District after hearing of this appeal, Hauptmann, the man con- Attorney John J. Quinn Quinn went to Attorney PARKER victed of murdering the The Parker case had so General Homer Cummings continued from page 5 Lindbergh baby. As soon many jurisdictional twists for permission to move the vestigation, he was obvi- as he was in custody, and turns that it seemed Parkers to Brooklyn Fed- ously insulted. Parker let it Wendel told of his own kid- impossible to predict where eral Court. Siltzer re- be known, both privately napping and torture. The the case would eventually considered, not wanting his and publicly, that he did not grand jury refused to be- be prosecuted. Siltzer filed client to be tried in Brook- believe the investigation lieve that his confession initial jurisdictional motions lyn and gave up the juris- and subsequent conviction was real. The execution of with Judge Guy L. Fake in dictional fight and withdrew of Hauptman for the kid- Hauptman was carried out Newark to no avail. Mean- his appeal. The trial was napping was done with and the investigation and while, Judge William Clark held in Newark and the particular skill or accuracy. eventual prosecution of the had issued a bench war- Parkers were convicted on Then Governor Harold Parkers ensued. rant for Parker when he June 24th, 1937. Both G. Hoffman, a friend of First up was the indict- failed to appear in Newark Parkers were found guilty Parker’s, also was con- ment of the Parkers along for extradition hearings. of conspiracy; Parker, Sr. vinced of Hauptman’s inno- with their accomplices in a Siltzer traveled to Camden was sentenced six years in cence and authorized Brooklyn state court. When to argue for a restraining prison and Parker, Jr. was Parker to begin a separate the Brooklyn District Attor- order that Parker must be sentenced 3 years. Parker investigation. ney, William Geoghan, delivered to the nearest Sr. died in prison while his Parker, known for some tried to extradite Parker, Federal Judge if the war- Presidential pardon was coercive and unconven- Sr., Governor Hoffman re- rant is served. Judge Avis being processed. tional investigative meth- fused. The federal grand ordered that if the warrant ods in his past, organized a jury sitting in Newark then was served that Parker group of men coordinated took up the charge. They should not appear in front by his son, Ellis Parker, Jr. had met several times to of Judge Clark but be to detain and torture consider an indictment of brought before him. A Thank you to Stephen M. Wendel. He had been Parker but were delayed week later he rescinded his Greenberg, Esq.,CEO of taken outside his hotel in because they were unsure order stating that New Jer- Net2Phone, Inc. an affiliate of Manhattan and brought to of a cause of action. When sey was one district and he IDT, and NJPAC for their a house in Brooklyn. He they became convinced could be brought before sponsorship of our 50th was kept there in the cellar that he had been taken any judge. Anniversary of Brown v Board of Education program.