Lawyer‐Mummers Keep Tradition Going by Jeff Lyons and Michael Petitti

Charles J. Kocher

U.S Magistrate Judge Jacob P. Hart George J. Badey III

George J. Badey III

!"#$%&'()*#(+&'),-$).#$/!.,$0!$-0.10$1+$ 2.!)*$30.##04$50&#.-$(#).,$0!$(!6#$),*$ S0)7#$+).0$',$0&#$0.)*'0'!,4$210$0!$0&.##$ %&'()*#(+&')$()89#.-:$;#8$<#).=-$>)9$?1-0$ 8!1(*,=0$/#$0&#$-)"#$8'0&!10$0)7',@$+).0$',$0&#$ A1""#.-$%).)*#4$ For George J. Badey III and Charles J. Kocher, the me in my costume in six days than I’ve had taken of me in my was in their DNA. Both of their fathers participated and they whole life. There were probably more than one million people followed in the family tradition. U.S. Magistrate Judge Jacob on the parade route. They were so friendly and so nice. It just P. Hart attended the parade as a child but didn’t join a string reaches across all kinds of national lines and racial line and band until he was in his 30s. And thanks to the efforts of cultural lines. Mummery breaks the ice everywhere you go,” Badey and Judge Hart, the has survived city he said. cutbacks and continues to delight fans every Jan. 1. But more Kocher’s first parade was in 1993, also at the tender age of on that later. 13. Kocher is an attorney in the class action practice group Badey was just 13 years old when he joined the Durning at Saltz Mongeluzzi Barrett & Bendesky PC, focuses on the String Band in 1971 as a tenor saxophone player. He moved litigation of complex class actions with concentrations in to the Fralinger String Band in 1976 and has been there ever antitrust and consumer-protection matters. since. The 2011 parade will be the 40th consecutive parade in His father, a Camden, N.J., police officer, knew the music which he has participated. director of the Broomall String Band, who recruited the young “My father was in Durning with me and then I went to tenor saxophone player. His father was an accordion player Fralinger and he stayed in Durning,” Badey said. “He eventually with Broomall for 10 years. The 2011 parade will mark his came over with me in 1981 and was in Fralinger until he first New Year’s Day with the Joseph A. Ferko String Band – passed away in 1998. My son is now with me in Fralinger and “the pride of Bridesburg,” says Kocher. Ferko placed first in he plays the bass fiddle. Unfortunately, we weren’t able to get music and second overall in the 2010 parade and is one of the all three generations playing together city’s oldest string bands. at the same time. But there are at Kocher says the band practices all least 22 father-son combinations year long. The once-a-week practices in Fralinger and there are several become twice a week after Labor grandfather-father-son combinations “I grew up in South Day. Those rehearsals leading up to as well. It’s a really important family the big event can last from two to tradition and it’s woven together and four hours. “I’m a musician first and from the neighborhoods and the when you grow up in foremost so it’s good opportunity to families,” said Badey, a partner with play the sax each week.” Badey, Sloan & DiGenova P.C., , And all that time together brings who practices personal injury and the members very close to each workers’ compensation law. one of the things other. “The guys you play with are For Badey, mummery has been the pretty much your family. All walks one constant in his life. “I grew up that you do as of life participate in the Mummers in South Philadelphia and when you part of your family Parade, both blue collar and white grow up in South Philadelphia, one of collar, including lawyers, engineers, the things that you do as part of your and neighborhood accountants, teachers.” family and neighborhood is to belong But for Kocher, there’s nothing like to a Mummers club. Since I played is to belong to a playing in the parade on New Year’s the saxophone, it was a natural thing Day. “We only get 4 minutes and 30 for me to join a string band,” he said. Mummers club.” seconds to ‘wow’ the judges during “My father was a longshoreman the parade,” he said. and I grew up in a good, solid, Kocher says his experiences as a working-class neighborhood. A lot of things changed over the Mummer have affected his life as an attorney. “Both Mummers years. I went to college and I went to law school, I got married and trial lawyers perform for an audience – and so you have and had kids and live in the suburbs. Every aspect of my life to know your audience to be successful.” The performance has changed except for the constant of mummery. And it’s aspect “teaches you an awareness of presence – when you get really nice to have that consistency and stability,” Badey said. in front of judges both on New Year’s Day as well as in the Badey was a double major at the University of Pennsylvania courtroom. The competition brings out the best in you.” – music and political science. “In college, I didn’t really make Judge Hart wanted to experience New Year’s Day as a it known that I was in a string band because some people don’t Mummer “for a goof.” “I thought I’d do it once and that would really view it as a musical thing. We have a lot of people in our be it.” The Germantown native, now a magistrate judge with band who are very accomplished musicians.” the U.S. District Court for the Eastern District of Pennsylvania, Badey is passionate about his ties to the Mummers and the is an accomplished clarinet and saxophone player. His father pride in his voice swells when talking about Fralinger. The used to take him to the parade as a child. band plays year round to raise money for costumes and even “One New Year’s Day in the 1970s, I was at a party at the played in Hong Kong three years ago. Bellevue. This was back when you could rent a room and “It was an all-expense paid trip to represent the United throw the windows open. It was a phenomenal way to watch States at the Chinese New Year Festival. I was just blown the parade down below on Broad Street. I had a partner who away by how wonderful the people in Hong Kong were. They used to rent a room every year and have a party to watch the were incredibly receptive. I think I had more pictures taken of parade. I knew so little about the Mummers at that point I

32 the philadelphia lawyer Winter 2011 couldn’t even tell you the name of a “After New Year’s Day, there’s a band. But I thought I would have a lot show called the Show of Shows of fun doing this. My first wife thought and the members of the original I was crazy. “They’re not going to let a 16 string bands get the tickets to Jew in the Mummers,” she told me. the Show of Shows and sell them. Judge Hart, then a labor lawyer at The idea was for us to get credit Schander Harrison Segal & Lewis LLP, from a costumer and we were decided to ask around to find out how to going to pay for our suits after we get involved with the parade. Through a sold our Show of Shows tickets.” client, he got connected with someone “A couple of guys in the other in the Greater Overbrook String Band. clubs figured this out and they He called Overbrook’s music director decided they were not going to and asked about joining the band. “He give us any tickets to sell. They asked me if I could read music, which were going to take the position I could. They told me to bring my that we weren’t a legitimate instrument to the next rehearsal so they member of the String Bands could see if I was good enough.” Association and we weren’t “So I walked into the tryout that entitled to the tickets.” one night and I took out my beautiful His new band turned to Hart Selmer Mark VI saxophone. They put as the only lawyer in the band. some music in front of me and I blew “I’ll tell you what we’re going right through it. It was so easy it wasn’t to do. We’re going to go to even funny. They asked if I could march court. We’re going to enjoin and I told them I could put one foot in the distribution of those tickets front of the other. And they signed me until we get our share,” he up. My idea was I was going to do it one told his bandmates. “I started George J. Badey III year as a hoot. But once I got into it I a lawsuit. I needed to get a got so addicted. It was so much fun with temporary restraining order to stop the great people. I spent several years with sale of tickets. So I went to court one the Greater Overbrook String Band. day and Judge Abraham Gafni was the But they were mediocre and after a few emergency judge. I knew Abe because years the advocacy in me took over and we had been law clerks together. I I wanted to be in a band that could win.” walked in and handed him the papers At that time, the Avalon String Band for the TRO and he looked at them and was in the process of dissolving. The said “the Schnader firm is representing band, named after a popular brand of a string band?” I said “your honor, let’s cigarettes from the 1930s and not the just say it’s pro se.” He looked at me and beach resort town, was in said, “don’t tell me you’re a danger of losing its right to march in member of a string band.” the New Year’s parade if it didn’t march Judge Gafni wouldn’t two years in a row. grant the TRO but agreed “Some people from other bands to hear it the next day on decided they were going to go to the preliminary injunction. remaining members of Avalon and ask “We spent the whole them to let us run the band, we’d re- day in court. The String form it,” Judge Hart said. “These were Band Association hired a really good musicians from other bands lawyer and I won. Judge that wanted to start their own band. I got Gafni enjoined them from a call from one of the guys in my own giving out any tickets until band who told me about the idea and I we got our share. That was said count me in. So I got involved with my contribution. That and the new, re-formed Avalon String Band I could play the sax pretty in 1982. We had to go to court to get the well. But I got them the Charles J. Kocher right to march. A lot of people hated us Show of Shows tickets and because we stole members from other stayed there ever after.” bands.” His passion for the Avalon The other bands knew Avalon was String Band even cost him season tickets essentially a brand-new band and didn’t to the Philadelphia Eagles. “There are have any money to pay for costumes. drill practices on Sundays. The second

the philadelphia lawyer Winter 2011 33 time I missed a Sunday rehearsal because I was at an Eagles Steve Highsmith for the parade telecast on Channel 17. “The game, the music director called me and told me I had a choice String Band Association has a deal with Channel 17 that they to make. “‘If you want to be in the band, you have to be here. can supply one announcer to be the color commentator on the Otherwise, go to the Eagles game,’ he was told. “I got rid of telecast. He met with Highsmith and told him he wanted to my tickets at the end of that year.” take the job seriously. “But I loved it. But it got to a point where it was a lot of “I wanted to have information at my fingertips to make the work. When you get into December, the rehearsals are three show more interesting. So I started a new project. In the month days a week – Tuesday, Thursday and Sunday. And you have of December, I spend a full evening with every band and to put on your warm clothes and go out and rehearse under talk to their members and get notes about interesting things I-95 until midnight and then go to work the next day. And I that happened to the band that year. I have a huge book of was sitting there one day and said “I’ve had enough.” I was 60 Mummer’s statistics. When I go on the air, I have the book years old and it was time. I never won but I decided to retire. with me. It’s like a trial notebook. It has every band, every One of the highlights of his career came in 1993 when the theme they’ve ever had, every prize they ever won, all sorts band got to perform at the inaugural parade for President Bill of data. The reason I do that is because you never know when Clinton. “They used to select one playing organization from you’re going to have to kill time. The producer will get on and every state and that New Year’s Day before the inauguration, say there’s a delay and you and Steve have to fill five minutes. we had a patriotic theme – it was called “Red White Rhythm So I have all this information just in case. This will be our and Blue.” Someone suggested we try to be Pennsylvania’s ninth year together. We’re a team now. He’s the play-by-play representative in the inaugural parade. And we got it. We stood guy and I’m the color guy. I hope to keep doing it until I’m too outside for about six hours until our turn came to perform. It tired to go out in December,” the judge said. was the first time I was ever face to face with a president of the United States. And we stopped right in front of the reviewing stand and the president was so completely taken with us. He Jeff Lyons ([email protected]) is senior managing editor of played the sax and he really seemed to like it. But that was by publications for the Philadelphia Bar Association. Michael Petitti far the coolest thing I ever did.” ([email protected]) is communications manager for the For the last eight years, Judge Hart has been teamed with Philadelphia Bar Association.

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