[Congressional Record Volume 140, Number 62 (Wednesday, May 18, 1994)]
[Extensions of Remarks]
[Page E]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: May 18, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                   TRIBUTE TO JUDGE ROBERT F. PECKHAM

                                 ______


                        HON. ANDREW JACOBS, JR.

                               of indiana

                    in the house of representatives

                        Wednesday, May 18, 1994

  Mr. JACOBS. Mr. Speaker, I enclose an article published in the 
Indianapolis Star of February 24, 1994, and written by the Marion 
County prosecutor, Jeffery Modisett.
  This is a fitting tribute to Mr. Modisett's mentor. Mr. Modisett, 
modest as he is, might just as well have been writing about himself. 
His knowledge of the law and skill in applying it with justice, 
together with his refreshing civility and reasoned tones, make him one 
of the finest public servants in this country.

                  A Hero of the Courtroom and of Life

                         (By Jeffrey Modisett)

       The Star last week published the obituary of Judge Robert 
     F. Peckham, a federal judge from San Francisco who died at 
     age 72. Judge Peckham had achieved national prominence when 
     he presided over the sensational trial of People's Temple 
     follower Larry Layton, who murdered U.S. Rep. Leo Ryan at 
     Jonestown, Guyana, in 1978.
       Over 900 other temple followers, including the Rev. Jim 
     Jones, died in a mass murder-suicide moments after the 
     murder. Rev. Jones had started the People's Temple in 
     Indianapolis.
       The death of Judge Peckham signals the loss of an American 
     hero. He was a rare individual with a strong moral compass 
     based on love of family, respect and compassion for all and 
     an appreciation of the law, especially constitutional and 
     civil rights.
       I was lucky enough to have been Judge Peckham's law clerk 
     from 1981-82, which included the retrial of the People's 
     Temple case in 1981. He soon became my friend, my mentor and 
     a powerful influence on my life.
       I first met this kind, gentle man when he was interviewing 
     prospective law clerks at Yale Law School in the fall of 
     1980. It was immediately obvious he was special, even among 
     jurists. His demeanor spoke of one who cared about everyone 
     he met, even strangers, and his words reflected the wisdom of 
     one who had spent years thinking deeply about the great 
     issues of our time.
       When I showed up for work the following year, he was in 
     the middle of the retrial of Larry Layton. Both the 
     prosecutors and the defense attorneys were, as expected, 
     loud and aggressive, always pushing their arguments as far 
     as they could. But no court observer could help noticing 
     the calm in the middle of the storm. Judge Peckham never 
     lost his temper, never made a faulty, snap decision, and 
     never addressed any lawyer or witness with anything but 
     respect. His decisions were not always popular, but they 
     were always grounded firmly in the Constitution and they 
     always protected minority rights.
       This was nothing new for Judge Peckham. Just two years 
     earlier he had shocked the educational system in America by 
     ruling that IQ tests that resulted in black students being 
     classified as retarded were biased and illegal. In a 
     quintessential Peckham ruling, the opinion exhibited 
     fairness, compassion and courage.
       Thinking back, some of my most enjoyable memories of the 
     judge come from a trip we took in 1982 to Guam where he was 
     to sit as a special judge. On the way, we stopped over in 
     Japan. He arranged for us to visit the Japan Supreme Court 
     and to have lunch with the chief justice. You could tell he 
     was in his element: Everyone was polite, 
     deferential, scholarly and calm. He even managed a perfect 
     smile as the repast of cold, slimy eel was placed before 
     him.
       His humor was always genuine. During this same trip we were 
     entertained at a traditional Japanese restaurant by a local 
     family. The conversation (through interpreters) was flowing 
     freely as each cup of sake was kept filled to the brim. At 
     the end of the dinner, our hosts insisted everyone join in a 
     traditional dance. The judge joined in without hesitation and 
     didn't even object when tradition required him to wear a 
     bright red ribbon around his bald head. No one enjoyed the 
     evening more than the judge.
       I hadn't seen Judge Peckham in a few years when I called 
     him in 1989 to ask if he would marry Jennifer and me. He 
     readily agreed to refused to accept a dime for his flight 
     from San Francisco to the wedding in Santa Barbara, Calif. 
     Again, he was in his element, presiding over a ceremony that 
     was romantic, poetic and inspiring.
       It seems so hard to find heroes anymore. We search for a 
     person worthy of our admiration, someone who is not motivated 
     by money, power or ego. We want to know that there is someone 
     who is truly altruistic, who has added something to this 
     world and not just taken from it.
       Judge Peckham taught me how to love the law, but only after 
     he taught me how to love life. His place in history may be a 
     small footnote, but his place in the hearts of the thousands 
     he affected during his life will be large. I will miss this 
     American hero.

                          ____________________