Английская Википедия:Frank G. Mahady

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Шаблон:Short description Frank G. Mahady (March 31, 1939 – August 18, 1992) was a Vermont attorney and judge. He was appointed to the Vermont Supreme Court in 1987, but never confirmed by the Senate; he withdrew his confirmation request on April 3, 1988.

Early life

Frank Gordon "Skip" Mahady was born in Taunton, Massachusetts on March 31, 1939, the son of Frank D. and Doris (Potter) Mahady.Шаблон:Sfn He was raised in Hartford, Vermont, and graduated from Hartford High School in 1957.Шаблон:Sfn As a boy, Mahady crushed a hand between two train cars while playing in the railroad yards of White River Junction.Шаблон:Sfn As a teenager, he lost an eye to an accident with a BB gun.Шаблон:Sfn He received his bachelor's degree (with honors) from Dartmouth College in 1961,Шаблон:Sfn and his law degree (second in his class) from Georgetown University Law Center in 1964;Шаблон:Sfn Patrick Leahy was one of Mahady's law school classmates.Шаблон:Sfn

Start of career

Mahady was admitted to the bar in 1964, and practiced law until 1967.Шаблон:Sfn A liberal Republican, he was recognized as a protege of Lieutenant Governor and Vermont Supreme Court Justice Thomas L. Hayes and Vermont Attorney General and federal Judge James L. Oakes.Шаблон:Sfn Mahady served as an Assistant Attorney General from 1967 to 1968, and Deputy Attorney General from 1968 to 1969, when Oakes served as Attorney General.Шаблон:Sfn In 1967, Mahady was the Vermont coordinator for the George W. Romney presidential campaign; he resigned after joining the Vermont Attorney General's office in order to prevent the appearance of a conflict of interest.Шаблон:Sfn

From 1969 to 1972, Mahady served as Windsor County's State's Attorney,Шаблон:Sfn and he was a delegate to the 1972 Republican National Convention.Шаблон:Sfn He then resumed the practice of law, and continued until he was appointed to the bench in 1982.Шаблон:Sfn While in private practice, Mahady was contracted to serve as Windsor County's public defender in 1972 and 1973.Шаблон:Sfn In 1977, testimony at a trial indicated that Mahady had accepted a $5,000 fee from a client in 1973 to work on a private case while he was supposed to work only on cases in his role as a public defender.Шаблон:Sfn He argued that he had received oral permission from Vermont's Defender General, and was cleared of wrongdoing by Vermont's Professional Conduct Board.Шаблон:Sfn In 1978, a Vermont Superior Court judge ruled in a civil trial that Mahady had broken the law by accepting the payment, and fined him one dollar, but denied the state attorney general's request to have Mahady forfeit the money.Шаблон:Sfn

Judicial career

In 1982, Mahady was appointed a judge of the Vermont District Court.Шаблон:Sfn In 1984, Vermont authorities carried out raids against the Northeast Kingdom Community Church, and seized more than 100 children on the grounds of suspected child abuse.Шаблон:Sfn The state attempted to maintain custody of the children, even though there was scant evidence of wrongdoing by their parents.Шаблон:Sfn In response, Hayes, then serving as the state's administrative judge, assigned Mahady to hear motions.Шаблон:Sfn Mahady conducted 40 hearings in one day, determined that there was insufficient evidence of child abuse, and ordered the children returned to the custody of their parents.Шаблон:Sfn

Later in 1984, Mahady presided over the trial of protesters—the "Winooski 44"—who had occupied the Winooski office of Senator Robert Stafford to protest U.S. involvement in civil wars and insurgencies in Central America, and refused to leave until Stafford agreed to hold a public meeting to discuss the topic.Шаблон:Sfn Mahady allowed 26 of the defendants to employ the necessity defense.Шаблон:Sfn Necessity enabled the defendants to argue that they broke the law by occupying Stafford's office as a way to draw attention to the larger supposed crimes associated with U.S. activities in El Salvador and Nicaragua.Шаблон:Sfn The trial ended with acquittals of all 26 defendants.Шаблон:Sfn

Mahady's support for individual liberties earned him nicknames including "Freedom Frank"—a compliment from his admirers,Шаблон:Sfn and an epithet from his detractors, who argued that he treated defendants too leniently.Шаблон:Sfn While serving as a district court judge, Mahady moved to Essex Junction, Vermont, where he resided for the rest of his life.Шаблон:Sfn

Supreme Court nomination

In August 1987, Governor Madeleine Kunin considered James L. Morse and Mahady for appointment to the Vermont Supreme Court to succeed Hayes, who had died after two years as an associate justice.Шаблон:Sfn She appointed Mahady, pending confirmation by the Vermont State Senate, which begins its sessions in January and usually meets until April or May.Шаблон:Sfn When the State Senate began confirmation hearings in March 1988, Mahady provided financial disclosure forms which indicated that he owed a substantial amount in unpaid income taxes to the Internal Revenue Service, and had worked for several years to pay the accumulated taxes, penalties, and interest.Шаблон:Sfn His accountant and office manager both testified to the Senate Judiciary Committee that the unpaid taxes from the late 1970s and early 1980s were their fault because they had not filed tax forms and made payments in a timely manner, and Mahady admitted to inattentiveness to his finances during the illness of one of his daughters.Шаблон:SfnШаблон:Sfn Opposition from some conservative Republicans and the controversy over Mahady's finances caused him to withdraw from consideration on March 31.Шаблон:Sfn Kunin then appointed Morse, who was confirmed.Шаблон:Sfn

Later career

Despite the controversy over his finances, Mahady's reputation for personal integrity remained largely intact, and he was able to continue his judicial career.Шаблон:Sfn He returned to his seat on the Vermont District Court, and in 1989 he was appointed to a second seven-year term by the Vermont General Assembly.Шаблон:Sfn The vote was 108 to 60, an unusually high number of "no" votes from legislators,Шаблон:Sfn but in response to questionnaires from the legislature's Joint Judicial Retention Committee, more than 95 percent of the attorneys who practiced before Mahady recommended that he be retained, as did nearly 80 percent of police and probation officers who appeared in his court.Шаблон:Sfn

Death and burial

Mahady was diagnosed with intestinal cancer in 1988.Шаблон:Sfn He continued to serve as a judge while he received treatment, but in August 1992 his health precipitously declined.Шаблон:Sfn He was admitted to Dartmouth-Hitchcock Medical Center in Lebanon, New Hampshire, where he died on August 19, 1992.Шаблон:SfnШаблон:Sfn He was buried at Merrill Cemetery in Colchester, Vermont, which is maintained by Saint Michael's College.Шаблон:Sfn

Legacy

The courthouse in Middlebury was constructed in 1995-96, and was named for Mahady.Шаблон:Sfn

Family

After his first marriage ended in divorce, in 1967, Mahady married Sheryl (Sherry) Symmes in Norwich, Vermont;Шаблон:Sfn his best man was Patrick Leahy.Шаблон:Sfn Frank and Sherry Mahady were the parents of two daughters, Shannon and Tara.Шаблон:Sfn

References

Шаблон:Reflist

Sources

Internet

Newspapers

Books

Шаблон:S-start Шаблон:S-off Шаблон:Succession box Шаблон:S-end

Шаблон:Authority control

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