The character of Max Rosenn.

• Author: Sandman, James J.
• Position: Testimonial

Max Rosenn was not a judge who sought attention. He did not write his opinions for the law reviews, or for the legal or popular press; he wrote them for the litigants before him and for their lawyers, and to give clear guidance to the district courts of the Third Circuit. He was modest by nature. As a result, the quality of his contributions to the judiciary was not as widely known as it should have been.

But those who knew him best--the judges who served with him during the course of his thirty-six years on the Third Circuit--spoke of him in extraordinary terms. Former Chief Judge A. Leon Higginbotham, for example, described Judge Rosenn as "one of the most magnificent judges in the history of our nation," and as "one of the crown jewels in our judiciary." (1) Judges Ruggero Aldisert and Walter Stapleton called him a "judge's judge." (2) And former Chief Judge Edward H. Becker has characterized Judge Rosenn as "one of the most remarkable men who has ever graced the Federal Bench in the history of this republic." (3) These are not words one can use often in describing one's colleagues.

Judge Rosenn's decisions combined scholarship, wisdom, and pragmatism. He prepared for every case with a diligence and thoroughness that was both intimidating and inspiring to his law clerks. From his thirty-eight years in practice before he became a judge at the age of sixty, he knew the importance of mastering the record, and he was familiar with the realities of life in a trial court, both for trial lawyers and trial judges. He was without an agenda and open to persuasion, even after he had cast his vote in conference. He thought his role was to decide the controversies before him, not to make sweeping pronouncements. His opinions were those of a craftsman--clear and precise.

The qualities that made Judge Rosenn such a fine jurist were ingrained in his character. He had an innate respect for others, which was apparent in his dealings with every person he met. He was kind, generous, and gentle. He understood human frailties, though he had very few himself, and was compassionate, merciful, and forgiving. In discharging his judicial duties, Judge Rosenn exhibited all of these qualities. I recall his reminding me repeatedly during the year I clerked for him that each case before the court involved real people, who understandably regarded their case as the most important on the docket. He approached each case in a way that reflected that sensitivity. He was...