[Congressional Record Volume 149, Number 174 (Tuesday, November 25, 2003)]
[Senate]
[Pages S15929-S15930]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 IN MEMORY OF JUDGE RAYMOND J. PETTINE

  Mr. REED. Mr. President, on Monday, November 17, 2003, Rhode Island, 
the judicial community and the entire Nation lost a great jurist, a 
great scholar and a great man. United States District Court Judge 
Raymond J. Pettine passed away leaving behind a legacy of protecting 
individual liberties and constitutional rights.
  Judge Pettine was born July 6, 1912 on America Street in Federal 
Hill, one of the original Italian neighborhoods in Providence; a 
fitting place to be born for someone who would champion the 
Constitution that distinguishes this country, America, from so many 
others. His father was a wigmaker in Italy who immigrated to these 
shores to find a better life for his family and to make a better 
America through his labors and his sacrifice. Judge Pettine was 
sustained and inspired by the example of these good people, his mother 
and father. The hard work, the great patriotism, the unwavering decency 
and integrity, the deep respect for both family and faith, the gracious 
manners of a true gentleman were learned in that home on America 
Street.
  Early in his life, Judge Pettine became fascinated with the law. As a 
child of eight, he scrawled a note to the Dean of Harvard Law School 
and asked him, ``What do you have to do to become a lawyer?'' The Dean 
wrote in reply ``study hard, be a good boy, always have a dream.'' His 
dream led him to Providence College and Boston University Law school. 
Soon after graduation, he enlisted in the United States Army and served 
on active duty from 1941 until 1946 rising to the rank of major. He 
later would be promoted to colonel in the Judge Advocate General Corps 
as a reservist.
  After his discharge from active duty and a brief stint in private 
practice, Judge Pettine began a thirteen year career as a prosecutor in 
Rhode Island Attorney General's office. Like every task he undertook, 
he brought great passion and determination to his endeavor. He 
understood that our adversarial system of justice requires that both 
the prosecution and the defense must bring the full weight of the facts 
and the law before the jury so that they may have the benefit of 
principled and forceful advocacy to make their decision. He was a tough 
and uncompromising prosecutor determined to enforce the law. His 
repututation and his record as a prosecutor earned him appointment as 
the Federal Attorney for the District of Rhode Island in 1961. His 
service as Federal Attorney won him the praise of U.S. Attorney General 
Robert F. Kennedy as one of the nation's top three federal prosecutors. 
And, this prosecutorial experience would help make him a superb judge 
upon his appointment to the bench in 1966 by President Johnson. Judge 
Pettine recognized that the role of a judge was different than that of 
a prosecutor or defense counsel. He was charged with something greater 
than simply enforcing the law or arguing for a client. He was charged 
with seeking justice, that delicate balance that rests on fairness and 
a keen understanding of the nature of people as well as the tenets of 
the law. He was also charged in a special way with defending the 
Constitution and the Bill of Rights. He recognized that our democracy, 
in his words, ``prizes itself in having a Bill of Rights designed to 
protect us against despotic abuse of authority by the government.''

  There was no more courageous, forceful or principled defender of the 
Constitution than Raymond Petinne. In 30 years on the federal bench, 
and as chief judge from 1971 to 1982, Judge Pettine staunchly guarded 
the individual rights enshrined in the Constitution. He said the 
Constitution should be interpreted in ways that ``give meaning to the 
heart and soul of what it's all about: a kinder, more understanding 
Constitution that recognizes the disenfranchised, the poor and 
underprivileged.''
  In his rulings, he repeatedly upheld the Bill of Rights' freedom of 
speech, of religion and of privacy. Judge Pettine stood by the 
Constitution and showed courage in the face of controversy when he, a 
practicing Catholic, ruled that municipalities could not erect 
Christmas nativity scenes on public

[[Page S15930]]

land. As he said, ``I firmly believe this with great conviction: that 
there has to be a separation between church and state--that one of the 
saving graces of this country is the fact that we are tolerant of all 
religions, and even of those who have no religion. And, if we start 
breaking that down, we are going to be in an awful lot of trouble.''
  His wise defense of the Constitution and its protections for 
individual conscience brought him vicious criticism and personal scorn. 
But, no amount of criticism or scorn could deter him from his 
obligation to extend the protections of the Constitution to the poor as 
well as the powerful, to the maligned as well as the popular. Judge 
Pettine embraced his judicial duties with remarkable dedication. He 
became a scholar of the law and, in order to insulate himself from even 
the appearance of partiality, he led a life focused on his family and 
the lonely rigors of his judicial responsibilities. Nevertheless, he 
was a dashing figure in Rhode Island. He was a man of great culture and 
erudition who exuded style and panache.
  Judge Raymond J. Pettine has left a remarkable legacy. His wisdom, 
his integrity and his selfless devotion to the Constitution made him a 
judge of extraordinary achievement. His love of family and his 
compassionate regard for all he met made him a man of singular worth. I 
admire him greatly. He has given us the example and the confidence to 
carry on. And, his presence will continue to be felt whenever we stand 
up in defense of the Constitution and in defense of those who are 
``disenfranchised, the poor and underprivileged.''
  My deepest condolences go out to his family and friends, especially 
his daughter, Lee Gillespie, his granddaughter, Lauren Gillespie and 
his son-in-law, Thomas Gillespie.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from West Virginia.
  Mr. BYRD. Mr. President, I note on the floor the distinguished senior 
Senator from the State of Montana. I am sure he has a desire to speak 
and fill other appointments. I ask the Senator, without losing my right 
to the floor, how much time does the Senator desire?
  Mr. BAUCUS. My guess is I will consume a maximum of 10 minutes.
  Mr. BYRD. Mr. President, I have the floor; do I not?
  The PRESIDING OFFICER. The Senator from West Virginia is recognized.
  Mr. BYRD. Mr. President, I yield the floor to the distinguished 
Senator from Montana not to exceed 10 minutes, with the understanding 
that upon the completion of his remarks I retain my right to the floor.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. BYRD. I ask that the Senator from Montana be limited to 10 
minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Montana.

                          ____________________