Today's portrait
presentation ceremony is a joyful
occasion for the law clerks
of William D. Hutchinson. Some
of us worked for Justice Hutchinson
from 1982 through 1987 during
his tenure on the Supreme Court
of Pennsylvania. Others of us
worked for Judge Hutchinson
on the U.S. Court of Appeals
for the Third Circuit, where
he served from 1987 until his
untimely death in October of
1995.
The two years that I served
as Judge Hutchinson's law clerk,
from August of 1989 through
August of 1991, were two of
the most interesting and most
enjoyable years of my life.
Judge Hutchinson was born in
1932 in Minersville, Schuylkill
County, Pennsylvania. After
attending college in Bethlehem,
Pennsylvania and law school
in Cambridge, Massachusetts,
he returned home to practice
law in Pottsville, Pennsylvania,
the county seat of Schuylkill
County. Five years later he
became an assistant district
attorney for Schuylkill County
and then, six years after that,
served as County Solicitor.
In 1972, he was elected to the
Pennsylvania House of Representatives.
He served in the Pennsylvania
Legislature for the next ten
years, representing the area
of Pennsylvania where he was
born and which he loved so much.
In 1981, he ran for election
to fill a vacancy on the Supreme
Court of Pennsylvania. After
winning the election, Justice
Hutchinson quickly developed
a well-earned reputation for
being one of the best and the
brightest justices serving on
that Court. He had his local
chambers in the Schuylkill County
Courthouse in Pottsville. That
Courthouse sits majestically
high on a hillside there.
Justice Hutchinson's exemplary
work as an appellate jurist
caused President Reagan to nominate
him in 1987 to fill a vacancy
on the U.S. Court of Appeals
for the Third Circuit. Judge
Hutchinson then became the first
and so far only Third Circuit
judge to have his chambers in
Pottsville. Those chambers were
on the ground floor of a Victorian
structure located in Pottsville's
historic Garfield Square.
History was a topic that was
near and dear to Judge Hutchinson's
heart, and his place in the
history of the Third Circuit
deserves mention.
While the Third Circuit, as
a geographical unit, traces
its history back to the Judiciary
Act of 1801, the U.S. Court
of Appeals for the Third Circuit
did not come into existence
until 90 years later. In 1891,
Congress passed the Evarts Act,
which created the U.S. Circuit
Courts of Appeals, including
the Third Circuit Court of Appeals
based in Philadelphia.
Between 1891 and today, fifty-six
judges have served on the Third
Circuit. Judge Hutchinson was
the forty-fourth member of this
Court. The seat that Judge Hutchinson
occupied on the Third Circuit
was one of the two original
judgeships that Congress created
on the Court in 1891. The judges
who have held this seat on the
Third Circuit are, in chronological
order, George Mifflin Dallas
of Philadelphia, William M.
Lanning of Trenton, John B.
McPherson of Harrisburg, Thomas
G. Haight of Jersey City, John
Warren Davis of New Jersey,
Charles Alvin Jones of Pittsburgh,
Harry Kalodner of Philadelphia,
Arlin Adams of Philadelphia,
and, currently, Judge Marjorie
Rendell of Philadelphia.
Judge Hutchinson was only the
second person to have served
both as a Judge on the Third
Circuit and as a Justice on
the Supreme Court of Pennsylvania.
The other was the aforementioned
Charles Alvin Jones, who left
the Third Circuit in 1944 to
take a seat on the Supreme Court
of Pennsylvania, where he served
as Justice and later as Chief
Justice of that Court.
During Judge Hutchinson's fourteen
years as an appellate jurist,
he wrote some 324 published
majority or plurality opinions,
125 while serving on the Supreme
Court of Pennsylvania and another
199 while serving on the Third
Circuit. And, those totals do
not include Judge Hutchinson's
concurring or dissenting opinions,
nor do they include the per
curiam or unpublished opinions
that he wrote.
Judge Hutchinson's opinions
demonstrate that he worked tirelessly
to reach the result that the
law demanded, even when that
required him to put aside matters
of personal preference. His
written opinions also reflect
that Judge Hutchinson has considered
and addressed the losing party's
arguments or has explained clearly
why those arguments cannot be
addressed on the merits.
Over the years, as the Third
Circuit's workload grew larger
and larger, and the Court often
did not have its full complement
of active judges, Judge Hutchinson
always ensured that every case
and every motion assigned to
him received his close personal
attention. Judge Hutchinson
recognized that sometimes one
judge on a panel will spot an
issue, or notice a flaw in a
proposed outcome, that the other
two judges did not see. I can
remember many occasions where
Judge Hutchinson caused his
colleagues on a panel to reconsider
the result they had tentatively
reached and to arrive, instead,
at a different, even more correct,
result. Of course, Judge Hutchinson
greatly appreciated the reciprocal
attention that other judges
paid to his work to make sure
that his reasoning and proposed
disposition were correct. Judge
Hutchinson should be remembered
for his attention to detail,
and for his belief that no litigant,
and no appeal, was too inconsequential
to receive anything less than
his full attention.
Moments from now, Judge Hutchinson's
portrait will be presented to
this Court. Judge Hutchinson's
wife and family, his law clerks,
and the Third Circuit Historical
Society and Circuit Executive's
Office all deserve recognition
for their contributions and
hard work that have made today's
portrait presentation ceremony
possible.
Family was very important to
Judge Hutchinson, and he treated
his law clerks as though they
were a part of his extended
family. Indeed, Judge Hutchinson
always made his law clerks'
spouses and children feel most
welcome at his annual clerkship
gatherings and whenever else
they were in his presence. Happily,
Mrs. Hutchinson has continued
to hold gatherings for the law
clerks and their families each
year.
Judge Hutchinson would be very
pleased to learn of the achievements
of his law clerks, many of whom
have developed into talented
appellate advocates. Some are
today working as partners or
senior associates in large or
small firms that span from California
to New York and from north to
south. Others work for the government,
either as prosecutors or as
public defenders. Some work
directly to further the public
interest. For example, one works
in the Staff Attorney's Office
of the Third Circuit, and another
serves as senior counsel to
the United States Senate's Judiciary
Committee.
Being an appellate judge can
be something of a lonely endeavor,
especially for someone who loved
to interact with people as Judge
Hutchinson did, but it was obvious
that there was no other job
that Judge Hutchinson would
have preferred to be doing.
He had scaled to the greatest
heights of his profession without
abandoning either the values
that led him there or the region
of Pennsylvania that he called
home.
I can say without any hesitation
that clerking for Judge Hutchinson
was the best career choice I
ever made. The clerkship introduced
me to the practice of appellate
litigation, which I have made
the focus of my career as an
attorney. The clerkship allowed
me to work closely with a wonderful
jurist who thereafter remained
a good friend. And, the clerkship
introduced me to co-clerks who
ten years later are still among
my closest friends.
Judge Hutchinson's judicial
opinions, his portrait, and
the careers of those who have
learned by working at his side
will collectively prove to be
the legacy of his many years
of work on the Third Circuit
and the Supreme Court of Pennsylvania.
It is a legacy for which we
should all feel very thankful
and very proud.
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