Ex-Justice Robert Berdon Remembered as Uncompromising, Principled
Former Connecticut Supreme Court Justice Robert Berdon died Oct. 31 at 89. Remembered as one of the court's most liberal justices, Berdon was also seen as fair, principled and unwavering.
November 04, 2019 at 06:46 PM
5 minute read
Known as one of the Connecticut Supreme Court's most prolific dissenters, those who knew former Justice Robert Berdon said his style was often uncompromising, but that he was independent and fair-minded, and will have a legacy as one the court's most principled liberal jurists.
Berdon, who served on the Connecticut Supreme Court from 1991 until he reached the mandatory retirement age of 70 in 1999, was 89 when he died Oct. 31.
From fellow justices who served with him to those who knew him or appeared before him, there was a consensus that Berdon, who served as a Superior Court judge for about 20 years prior to joining the high court, had his own distinct style. While he wrote 433 dissenting opinions and just 135 majority opinions on the high court, current Supreme Court Justice Richard Palmer said Berdon "was a man of principle who was unafraid to disagree."
Palmer, who had his fair share of disagreements on the bench with Berdon, said, "It was sometimes frustrating to deal with Bob because he was often uncompromising. I think it was also frustrating for him to be in the minority so often."
But, Palmer, a justice since 1993, said, "He often pushed the court during his tenure to examine carefully the cases in which he dissented. When a majority has to come to grips with a thoroughly and carefully researched dissent, it can make the majority opinion that much better by responding with issues the dissent raises."
With regard to his widely known dissents, former Supreme Court Justice Joette Katz, who served with Berdon from 1992 to 1999, said, "While I think his legacy is that he really could not compromise, it was not a question of his way or the highway. It was that he really felt about things so deeply and passionately that he was incapable of modifying his views. He felt that there was a human being behind every case, a litigant behind every case and that they were all important."
It would not be unusual to find a Berdon dissent become law years or even decades later, Palmer said.
Berdon was the dissenting justice in Mendillo v. Board of Education of the Town of East Haddam in 1998, a case in which Berdon sided with the family in a parental consortium case. In 2015, Palmer said, he wrote the majority opinion in Campos v. Coleman. "We overruled our majority opinion in Mendillo, where Bob's dissent ultimately carried the day."
In Campos, Palmer said, the justices ruled that the child and spouse of a man apparently negligently killed when a motorist struck the bike he was riding could claim loss of parental consortium. "We recognized a cause of action in some circumstances," Palmer said.
Longtime New Haven defense attorney John Williams said Berdon, whose rulings often sided with defendants in criminal matters and plaintiffs in civil cases, "absolutely had influence on the bench. His dissents were, at times acerbic, but he could also be very persuasive. The brilliance of his intellect was unchallenged."
Williams said he believes Berdon, who wrote the 1997 5-2 majority in State v. Joyce, helped persuade his colleagues to side against a warrantless search the police conducted.
Williams, who represented Wallace Joyce, said Berdon was "the most active questioner during oral arguments and he was a persuasive force for brand new law."
At issue, Williams said, was Joyce, who was suspected of arson. He was at the fire scene and was badly burned. His clothes were cut off and those clothes were taken into police custody. Later, with a suspicion of arson surrounding Joyce, police did forensic testing on the clothes without a search warrant.
"The police had a duty, under the state constitution, to get a warrant and therefore, the conviction was reversed," Williams said.
Former Chief Disciplinary Counsel Mark Dubois remembered Berdon for his role with the Berdon Commission, which was formed the year after Berdon left the bench. The Berdon Commission, of which both Berdon and Dubois were members, helped create the Office of Chief Disciplinary Counsel.
"Bob was the visionary for the Office of Chief Disciplinary Counsel," said Dubois, who was the state's very first chief disciplinary counsel. "He understood the challenges of practicing lawyers and he wanted to make the system work for everyone."
Read more:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All'Don't Be Afraid to Dumb It Down': Top Fed Magistrate Judge Gives Tips on Explaining Complex Discovery Disputes
State High Court Adopts Modern Standard for Who Keeps $70K Engagement Ring After Breakup
Mass. Judge Declares Mistrial in Talc Trial: 'Court Can't Accommodate This Case'
3 minute readTrending Stories
- 1Lawyers Among Those Convicted as Hong Kong's High Court Sentences 45 Activists to Prison
- 2'We’re Here to Empower People to Make Good Decisions': Why Compliance Chiefs Must Learn to Think Like a Businessperson
- 3People in the News—Nov. 19, 2024—Pond Lehocky, Duane Morris
- 4Court System's Franklin H. Williams Judicial Commission Presents Annual Diversity Awards
- 5Commentary: James Madison, Meet Matt Gaetz
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250