[Congressional Record Volume 140, Number 115 (Tuesday, August 16, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: August 16, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
JUDGE SHERMAN G. FINESILVER STEPS DOWN AS CHIEF JUDGE IN U.S. DISTRICT 
                            COURT, COLORADO

  Mr. BROWN. Madam President, I want to turn the attention of the U.S. 
Senate to a distinguished American: Chief Judge Sherman G. Finesilver 
of the U.S. District Court of Colorado.
  On June 1, 1994, Chief Judge Finesilver took senior status. He will 
be sorely missed and difficult to replace on the active trial bench.
  This does not mean a retirement, merely a change of status. Judge 
Finesilver will continue to handle a substantial case load and lend his 
expertise as a settlement judge for other judges in complex 
litigation--a field in which he is nationally known.
  Judge Finesilver's contributions are as many as they are valued. In 
addition to an unusually sharp mind and an impressive command of the 
law, Judge Finesilver has a judicious demeanor. In the imposing Federal 
courtroom, litigants are all too often faced with a process that seems 
to either threaten the social good for legal technicalities or 
disregard legal principles for more popular decisions. Judge Finesilver 
is crafting a jurisprudence worthy of praise both for its legal acumen 
and its social worth.
  In his 39 years of service on the bench, Judge Finesilver has made 
his mark--by humanizing the court, by solving complex legal matters, by 
facing the difficult cases and by lucidly explaining his decisions.
  Judge Finesilver has served in the Federal and State judiciary for 39 
years, the past 23 as a Federal judge. His judicial career dates back 
to 1953, when at age 28, he was appointed a county judge in Denver. He 
was elected to the district bench in 1962 and again in 1966. At each 
election he led the ticket among all candidates for any office in 
Denver. Judge Finesilver was appointed to the Federal bench in 1971 by 
President Nixon and in the length of active service in May, 1994, he 
became a senior trial judge on both the Federal and State benches in 
Colorado and in the Federal Tenth Circuit.
  He has served as chief judge of the important U.S. Federal court for 
the past 12 years and he has been effective and accomplished. He is 
widely known for his skill as a trial judge, a national leader in 
effective court management, a master of trial settlement of complex 
litigation. He is held in high respect throughout the country as an 
effective chief judge. He is a widely sought after speaker in judicial, 
legal, and medically-related subjects. Because of his skill as a 
settlement master and trial judge, he has been appointed by the Chief 
Justice to serve in that capacity in Florida, Idaho, California, 
Puerto Rico, and 10 other Federal Districts.

  By election of all judges in the tenth circuit, he was elected to 
serve on the Judicial Conference in the United States--the highest 
policymaking body in the Federal judiciary; he also was a member of the 
Judicial Council of the Tenth Circuit, Chair of the Chief Federal 
District Judges of the Tenth Circuit, Coordinating Council of Federal 
Native American Trial Judges in the Tenth Circuit.
  Judge Finesilver has tried over 7,000 civil cases in Federal court 
and an additional 3,000 while a State district judge. He handled 
literally thousands of cases in service as a county judge, where his 
program established the driving improvement school--a national model 
the format of which has been used by the National Safety Council and 
American Association of Retired Persons.
  His legal rulings in such diverse fields as discrimination in 
employment, oil shale, water law, massive disasters including aircraft, 
securities law, intellectual property, have been heralded as learned, 
persuasive, and precedent-setting. Virtually all swine flu cases in the 
country are built on his opinions which resulted in development of the 
National Childhood Vaccine Act. His ruling in an harassment in 
employment case was the first of its kind in the Nation and prompted 
widespread changes to employment practices in the private and public 
sectors.
  No doubt exists that Judge Finesilver's leadership in serving not 
only the intellectual demands of justice, but also the efficiency 
demands of justice mark his tenure as a widely known and respected 
jurist who has done much to humanize the Federal court system. His 
expertise at managing complex and difficult cases is renowned. He 
presided over 125 cases arising out of the swine flu vaccination 
program. Virtually all later cases built on the precedents he 
established. Judge Finesilver handled a major airplane crash case 
involving 28 fatalities and numerous injuries. The case was concluded 
within an unprecedented 1 year from the date of filing and 24 months 
from the date of the crash. The multifaceted Silverado litigation was 
brought to settlement within 12 months of filing. His managerial and 
judicial activity in a securities fraud case in northern Colorado 
resulted in investors receiving over 100 percent of their initial 
investments. This recovery is unparalleled in the United States. He 
concluded a massive environmental case at the Lowry landfill facility 
within 1 year.
  In addition, his writings on legal, medical, and youth and 
citizenship-related fields have brought him a national reading 
audience. An excerpt of one of his speeches was published in Reader's 
Digest. His early career dealing with the legal rights of the deaf 
resulted in development of a model interpreter's law, which is a 
forerunner of laws in all State and Federal courts.
  In his early years as a judge, Judge Finesilver was nationally 
recognized for his activity in dealing with enhancement of the legal 
rights of the deaf, physically impaired and aging, promoting their 
insurability and fair driver licensure. He was a driving force for the 
development of closed captioned television for hearing impaired persons 
on television broadcasting--a concept he began working on in the 1960's 
while dealing with the legal rights of the deaf and physically hearing 
impaired at the University of Denver College of Law.
  Judge Finesilver, by Presidential appointment, has served on five 
national commissions and panels in aging, physically impaired, drunk 
drivers, traffic safety and recently, on the need for research in 
antisocial and aggressive behavior in the United States.
  Judge Finesilver has been awarded honorary doctorates from Gallaudet 
College in Washington, DC, for his championship of the rights of the 
deaf, New York Law School for his pioneering role for the legislation 
of organ transplants, right of the deaf and physically handicapped, and 
the enlightened administrative justice. He has also achieved honorary 
doctorates from the University of Colorado and Metropolitan State 
College in Denver. He has also received the Norlin Award for 
outstanding alumni at the University of Colorado.
  Colorado's Chief Judge also contributes to our State and our country 
when he leaves the bench and hangs up his robe. Outside the courtroom, 
Judge Finesilver has such notable accomplishments as the development of 
the Federal magistrate judge systems throughout the State of Colorado 
to make sure the courtroom door is always open, the establishment of a 
liaison between Federal and State judges and the drafting of a model 
criminal code for the Czech Republic.
  These are just a few of the other noteworthy accomplishments.
  Initiated community constituted naturalization programs--one featured 
former president Gerald Ford; youth were heavily involved in the 
program. The program was recognized by the Freedoms Foundation of 
Gettysburg, PA.
  Served for over 20 years as chair, American Citizenship Committee of 
the Colorado Bar Association, which has as its focal point court 
visitations by school children with attorneys as tour leaders. One 
program contrasted United States judicial system with that of the 
U.S.S.R.; this program was honored by the Freedoms Foundation.
  Principal author of monograph on community service--a new dynamic in 
criminal justice; monograph is used in all 94 Federal district courts 
and probation offices.
  By personal involvement, encouraged manufacturer to donate 200 T-
shirts to Denver low-income persons: shirts were confiscated from 
merchants who illegally obtained and distributed them.

  One of the principal founders--and first chairman--of Minoru Yasui 
Community Volunteer Award, a monthly award given to recognize volunteer 
activities of Colorado residents. The monthly cash award is now $5,000, 
and the awardee determines the charity to receive this amount. Thus, 
many Denver charities have been beneficiaries of this unusual award. 
The M.Y.C.V.A. program served as a model for the J.C. Penney Community 
Award and television station KUSA's Nine Who Care Award.
  Encouraged greater availability of judicial resources in ares of two 
Native Indian tribes in Durango and Cortez, CO; developed improved 
cooperation among tribal leaders, U.S. magistrate judges, U.S. 
attorney's office, Federal public defender's office, and local law 
enforcement.
  Developed endangered species exhibit for display at Stapleton 
International Airport in Denver. Part of funds necessary for exhibit 
was obtained through fines assessed against persons convicted of 
Federal endangered species crimes. Exhibit was one of the first of its 
kind at an airport, seen by millions of travelers, and widely heralded 
by those interested in the preservation of endangered wildlife.
  A Denver editorial noted his retirement as chief judge in these 
words:

       One of Finesilver's hallmarks on the bench has been 
     proficient management--an uncanny ability to close cases and 
     keep the docket moving--which he has seen as rapidly 
     increasing in importance of late. Thus, not only did he keep 
     the wheels of justice operating smoothly, he saved taxpayers 
     some large sums of money.

  Finesilver's career, however, cannot be adequately summed up in terms 
of quantity alone. The quality of his jurisprudence has been at least 
as notable. His emphasis on fairness, knowledge of the law, research 
skills, analytical acumen and articulation--all components of what is 
commonly called wisdom when applied to judges--are well known and 
respected.
  It is also important to add dedication to that list of words. The son 
of a west side family of modest means who attended law school by night, 
Finesilver's judicial career began in Denver County Court in 1955, when 
he was only 28. He was elected to the State district bench in 1962 and 
1966, and appointed by President Nixon to the Federal district bench in 
1971.
  Those two State elections were pivotal crossroads in his career. When 
he won those elections, Finesilver was considered one of Colorado's 
most electable individuals. That is to say, had Finesilver chosen to 
pursue politics at that time, the only likely direction for his career 
would have been upward.
  But Finesilver avoided the greater visibility--and probably easier 
workload--of a political career in favor of his chosen calling. He is a 
man who believes not only in the need for law, but in the honor and 
nobility of the legal profession itself.
  ``My heart still swells with pride,'' he wrote to President Clinton 
this week, ``at the beginning of each court session when the court 
crier opens the court with these words--`God save the United States and 
This Honorable Court'''
  Fortunately, Sherman Finesilver will still be hearing that clarion 
call for some time. Although stepping down as chief judge, he will 
remain a senior Federal judge, characteristically looking forward to 
handling a substantial number of cases. Also characteristically, he 
will devote increased time to such projects as helping research Native 
American tribal law--one his personal passions--and in assisting the 
Czech Republic draft a criminal code.
  But Finesilver also hopes to spend more time with his grandchildren, 
and ``fishing the mountain lakes and streams where over the years [he 
has] drowned, lost and snagged more than a million worms and prize 
fishing flies.''
       The following is a personal note by one of his former law 
     clerks.

       One can see him light up while performing the citizenship 
     tasks of his judgeship. I'll never forget the truly special 
     moments during my clerkship when Judge Finesilver performed 
     the swearing-in ceremony for new American citizens, or when 
     we conducted a mock trial to determine who stole the 
     Halloween pumpkin for a local group of first graders. These 
     are the acts of not only a sensitive and remarkable judge, 
     but also a good citizen. Although, I have known Judge 
     Finesilver for only a few of his thirty-eight years on the 
     bench, I stand with the many who have known him much longer 
     in congratulating him on a lifetime of achievement as a 
     judge, a leader, and ``citizen'' in the word's best sense. 
     Congratulations, and thank you, Judge Finesilver.

  On May 31, 1994, Judge Finesilver completed his last day as the chief 
judge. On that day, when the court crier called out ``God save the 
United States and this Honorable Court,'' I imagine he really meant it.

                          ____________________