The president of the Massachusetts Bar Association has the
singular privilege of recommending individuals to be honored for
their service to the commonwealth as judges, legislators,
journalists, practicing lawyers or just plain citizens. It is
unfortunate that my tenure as president of the bar places a real
time practical limit on my opportunity to recognize the legions of
individuals who labor so long and hard for this state, their
communities and our fellow citizens. I am impelled to write about
four extraordinary individuals who have been honored this year by
our association.
The Daniel F. Toomey Judicial Excellence
Award
The trial lawyers of this commonwealth have been blessed by John
Adams' insistence that life tenure for appointed judges be mandated
by our state Constitution (a provision later included in the U.S.
Constitution). An independent judiciary gives every judicial
officer the chance to make decisions based on reasoned analyses of
the facts and law free from public and political pressures and
thereby to achieve just results. Dan Toomey famously dismissed very
serious criminal charges brought against homeless (and helpless)
vagrants who caused the fire that killed six Worcester firemen.
Hiller Zobel -- in the face of intense national and international
media pressure and the explosive passions of suburban parents who
employed nannies -- sentenced Louise Woodward to time served in the
shaken baby murder case and allowed her to return to England. Many
years later the scientific foundation for shaken baby syndrome (and
consequently the charges brought against Woodward) was discredited
in the peer-reviewed medical literature. Judges Toomey and Zobel
harkened to that higher call that we learned about in law school.
You may remember a rhetorical question posed in your first year of
legal studies that went something like this: "What should a judge
do when the applicable law of the case is settled yet the judge
believes it to be unconstitutional or plainly unjust." Judges
Toomey and Zobel were models courage and integrity. They did not
take the easy road; they did not wilt in the face of adverse public
opinion.
Chief Judge Mark Wolf of the United States District Court for the
District of Massachusetts was awarded the Daniel F. Toomey Judicial
Excellence Award in May. No judicial officer in our state or
federal courts is more deserving. Indeed, it is difficult to
identify a single trial judge in this country who has done more to
advance the integrity of our system of justice and to have done so
against more formidable opposition. Think about it. Wolf -- not
anyone else -- uncovered frank corruption of unspeakable dimensions
at the Federal Bureau of Investigation and brought that agency to
heel. One need only compare the many presidents of the United
States (and senators and congressmen) who bent to the will of the
FBI over the decades. Wolf did not bend to a rogue agency; he
conducted 10 months of hearings and authored a 660-page opinion in
which he "found 'a long pattern of the FBI' ignoring the
Constitution's requirement that it be 'candid with the courts' and
prosecutors." An editorial in The New York Times, "The
Judge Who Cracked the Bulger Case," appeared on June 29, 2011, and
the Times editorial board rightly attributed the results
of these hearings to Judge Wolf's "courage and persistence." The
citizens of the United States owe Wolf profound respect and
gratitude.
The Excellence in Legal Journalism Award
The Boston Globe's Kevin Cullen is an icon for Irish
Americans like me who treasure well-written prose and who pay
attention to political, legal and cultural events in Ireland and
the United Kingdom, where he was stationed for many years. "Legal"
journalism is in many respects a boundless category, since the rule
of law impacts all aspects, of our daily lives. In his writings
over the years, Cullen has brought to his readers the circumstances
of bad behavior, such as Phoebe Prince's heart-wrenching suicide
following repetitive bullying by her schoolmates and the willful
blindness of school administrators. He also exposed the risk of
injury and death that would likely follow from the politically
motivated application to the United States District Court for
access to Boston College's Oral History Project interviews of
former IRA leaders. But go back to that same corrupt FBI. Agent
Thomas Daly "warned" (we now should say threatened) Cullen, who was
then part of The Boston Globe's investigative team looking
into the Winter Hill gang, that he might be "clipped" by Bulger if
disclosures were published. Cullen had to move his family to a
hotel for protection, but the story was published nonetheless.
Kevin Cullen has spent his entire career speaking truth to
power. He is a model of courage and integrity.
The Legislator of the Year
The bar advocated for serious court reform, including the
retention of a professional administrator, for many decades. Much
credit goes to past presidents Paul Sugarman, Leo Boyle and others
who studied the judiciary, identified necessary improvements and
presented a comprehensive plan of action. Nonetheless, success
depended on a legislator who stuck with the Massachusetts Bar
Association, battled against entrenched interest groups, and
delivered last summer long-awaited court reform. Every lawyer in
the commonwealth should raise a glass to Speaker of the House
Robert DeLeo. Without him, court reform would still be an idea.
The Annual Dinner Keynote Speaker
Giving a keynote address to the state bar association, as with a
university, is an honor. This year, however, the honor was bestowed
on the Massachusetts Bar Association. Victoria Kennedy, legal
scholar, accomplished practicing attorney, and renowned
philanthropist, took time from her frenetic schedule to speak to
our members and her colleagues at the bar. Kennedy is a person of
consummate honor and integrity. To say that she manifests grace
under fire does not do her justice.