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Show Page 44—THE HERALD. Provo. Utah, Wednesday, January2, 1980 He’s the oldest active federal judge. Oldest Federal Judge Says 84 Not Too Old ROCHESTER, N.Y. (UPI) — Judge Harold P. Burke puffed on one of his ever-present cigars. eased back in his highbacked, black leather chair and preclaimed, ‘‘The more they want me out. the more determined I am tostay.” At84, Burke, a formerstate official, is the oldest active federal judge in the United States. Healso hasserved thelongest, having been appointed in 1937 by President Franklin D. Roosevelt, whom Burke metin Albany during FDR’s terms as governor of New York. Burke was in general practice from 1920-1930 as a Rochesterattorney, and was a deputystate attorney general until being appointed to the U.S. District Court. EVERY ITEM IN THE STORE! one herecalled most fondly. That involved a writer who claimed to be the author of the Charlie Chaplin movie ‘‘The Great Dictator,” Burke recalled. ‘Charlie Chaplin sued him. Louis Nizer. who was just another lawyer in those day: pressure from $100,000.” his family younger lawyersand the2nd U.S. Circuit Court of Appeals, who all say he’stoo old. “T feel the indirect pressure from the Court of Appeals te retire. I've been pressured to step down for years,”’ Burke said. ‘And my wife, Mary, would like me to retire. but she knows asking meis a futile gesture. “T could've retired 15 years ago at full salary and become a senior judge, but when you're a senior judge. you're on the sheilf.”’ Sitting amid stacks of opinions and pending cases in his redcarpeted, second-floor chambers in Rochester's downtown Federal Building. Burkesaid his Judge Irving Kaufman, should paycloserattention to his performancethan to his age. SUNDAY — JAN. 6TH including se- tried it for Chaplin.” Chaplin made and starred in thefilm. a parody of Hitler. “It could've been worth about $7 million if it had gonetotrial, but they settled for about detractors, particularly Chief YOM Be JAN. 3RD Rochester area, veral dealing with organized crime and one involving the bombing of the Rochester draft boardoffice. However, a suit he presided over for three weeks about 30 years ago in New YorkCityis the cases and worn out four judicial robes, Burke. a Rochesternative and University of Notre Dame graduate,said he hasno intention of leaving the bench. despite Having handled thousands of Dorr at all. They were physically in the way and more of a burden thana help. All they did was give me morebriefs. I have enoughof them asit is.”” Burke has presided over many significant cases in the Other than a hearing problem Burkesaidhis health is good. “At my age, if you don’t feel good, you're dead,” he laughed. “I don't know what the hell he (Kaufman) is worried about. I guess hefiguresI’ve been around too long. But mycaseloadisstill up there.” Burke, however, is sometimes relieved of cases that his superiors consider ‘‘burdensome." “They are solicitous of my health,” he said. Burke admited he’s not as spry as he once was. but he would not hire a lawclerk to assist him. Yeah, I've slowed down some,” he said. ‘‘I don't work as sintensely as I used to. and I don’t write as many long opinions, I just get to the heart of the issue in a few paragraphs. “I'm probablytheonly federal judge who doesn’t have a iaw clerk. I haven't had one for 20 years andI'll never have another one. I didn’t find they helped me Burke remembers Chaplin as being ‘‘a very quiet, unassuming man. “He looked like one of spectators. He was there every day, Burkesaid. ‘‘All he really wanted was some acknowledgementthat he was the author. “T remember one dayhe said, ‘Judge I’m reputed to be a wealthy man, but my holdings don’t amount to more than $4.5 million.” Aside from his age, Burke is sometimescriticized for being an easy judge. “I suppose I'm regarded as a light touch.”’ he said. “‘but that’s probably because I don't have a prosecutor's background. “T'm ligt sentencer and a lot of lawyers don't like it. but I don't answer them.’’ he continued. ‘I have no regrets with any of the decisions I've made. What's done is done. “T don't knowif things are any more complicated today’ he said, looking back on his 42 years on the bench. “We didn’t think things were so simple back in those earlier days. “But, we've always had case backlogs. That'll never change." He said “‘technicalities’’ of various piecesoflegislation have caused a preponderanceofclassaction lawsuits. “T have a veryintense dislike for class actions because they're so complicated. We also get morecivil rights cases and more habeas corpus applications nowadays.’ he said Burkereaffirmed. though, that none of that will make him step down. “A lot of lawyers would like my job,” he said. ‘‘but I'll stay here as long as I feel good. “When I retire I'll announce it. It won't be because somebody asked meto.” |