Comments on the passing of the honorable Max Rosenn.

• Author: Sloviter, Dolores K.
• Position: Testimonial

I first met Max Rosenn in August 1979 on the day I was sworn in as a judge of the Third Circuit, and my pleasure at having him as a colleague and friend increased on each occasion thereafter. Max was an elegant human being--elegant in the sense that he was truly decent. He treated all those with whom he came in contact--colleagues, lawyers, staff, and others--with kindness and courtesy. He was refined, polished, and cultured. These qualities were evident in his writings. His opinions were written with grace, whether or not he agreed with his colleagues. In the twenty-seven years I knew him, I never knew him to say or write any intemperate word or phrase.

One need only watch or listen to the two-part documentary prepared about Judge Rosenn as part of the Windsor Park Stories to understand that my view of Judge Rosenn's personal qualities is not unique. Person after person interviewed reported the same things. He was described as fair, judicious, down-to-earth, and charismatic. One of the judges stated that "Judge Rosenn has been a role model for all of us on the bench." I certainly echo that sentiment.

Of particular interest to me was to listen to Judge Rosenn's comments about the characteristics he thought good judges should have: morality, respect for law and country, and respect for the individual. As for himself, he stated that he had always tried to live a life of moderation. And from my observation, he certainly did.

It may be somewhat less well known to the bar how careful and conscientious Judge Rosenn was about his work--how seriously he investigated each issue, how thoughtful he was before reaching a decision, and how intently he listened to the views expressed by his colleagues. He was also very courageous--willing to strike out along new paths when he believed justice so required.

Because he became a senior judge relatively early in the period that we both sat on the Third Circuit, I had less occasion to sit on panels with him than I had with the active judges. However, I was fortunate to sit with him in the three-year period between 2002 and 2005 when he issued two of his most important decisions.

The first of the two raised the knotty issue of parole decision-making policies of the Pennsylvania Board of Probation and Parole. It is an area usually left to the discretion of the Board, with judges rarely intruding--much less federal judges. But Max Rosenn did not hesitate when he believed a provision of the Constitution of the...