[Congressional Record Volume 142, Number 107 (Friday, July 19, 1996)]
[Senate]
[Page S8381]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    CHIEF JUSTICE ROBERT N. WILENTZ

  Mr. LAUTENBERG. Mr. President, on July 1, an era came to an end, when 
Robert N. Wilentz removed his robe for the final time and ended a 17-
year tenure as chief justice of the New Jersey Supreme Court.
  During a rare interview in 1993, when asked how the Wilentz years 
would be remembered, he replied, ``I would hope only that they would be 
remembered as years when a great court system was kept great and when a 
great supreme court was kept great.'' And they will be, due to the 
efforts of a truly great man--Chief Justice Robert N. Wilentz.
  Greatness is based not on what you gain, but on what you give. And 
the contributions of Justice Wilentz to the legal profession and to the 
people of New Jersey are a benchmark against which the actions of 
others will be judged. An old Latin saying notes that justice must be 
fair and good; while Justice Wilentz wore the judicial robes, he 
assured both.
  He has been categorized as a liberal activist, but that is not 
entirely fair, for Justice Wilentz's decisions were not based on any 
political agenda, but on a mixture of extraordinary intellect and 
unusual compassion.
  Under his direction, the New Jersey Supreme Court achieved a national 
reputation for innovative decisions which often set an example for the 
entire country. The court instructed municipalities that they must 
provide housing for low-income residents. In separate opinions, which 
Wilentz authored, the court recognized the ``battered woman's 
syndrome'' as a defense for women charged with homicide and made a host 
liable for providing alcohol to a guest, if the host is aware that the 
guest is intoxicated and will soon drive.
  In the now famous Abbot versus Burke decision, which ordered the 
State to provide more money for city schools, Wilentz wrote, ``We 
realize that perhaps nothing short of substantial social and economic 
change will make the difference for these students, * * *. We have 
concluded, however, that even if not a cure, money will help, and that 
these students are constitutionally entitled to that help.'' Like all 
of his statements, this one demonstrates that behind the black robes 
was a daring thinker and visionary jurist.
  We may not agree with all of his decisions, but we must recognize his 
desire to always do what he believed to be right, and just.
  Since Chief Justice Wilentz's appointment by Governor Brendan Byrne 
in 1979, the New Jersey Supreme Court has been involved in an 
extraordinary number of such precedent setting cases. Yet, in nearly 
three quarters of these cases, the decisions were unanimous; this is a 
testament to the chief justice's leadership abilities.
  Justice Wilentz was not only a superior jurist and leader, but a 
skillful administrator. As chief justice, he tirelessly worked to 
improve the State's municipal court system. To enhance efficiency, he 
reorganized the courts into four divisions, civil, criminal, family, 
and general equity, and he divided the appellate division into eight 
four judge panels.
  Under his guidance, the court instituted the New Jersey Judicial 
College, the Municipal Court Judicial Conference and a speedy trial 
program; all have become national models. He also created separate task 
forces to investigate gender bias in the court system and to address 
minority concerns involving the judiciary.
  James Bryant Conant once remarked, ``each walk of life, has its own 
elite, its own aristocracy based on excellence of performance.'' And 
recently, the Newark Star-Ledger confirmed that ``his [Wilentz] record 
for excellence is secure and his place in New Jersey's history is 
fixed.'' I echo that opinion. All New Jerseyans have benefited from his 
leadership, his scholarship, his statesmanship.
  Chief Justice Robert N. Wilentz will long be remembered for his love 
of the law, his reasoned eloquence and his uncompromising commitment to 
social justice. It will indeed be difficult to fill his shoes, and his 
robe.

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