Matthews, Robert A.

English

Seton Hall University Libraries

The Star LedgerHON. MORTON I. GREENBERGJUDGE MORTON I. GREENBERG-A TRIBUTEHonorable Robert A. Matthews*The appointment of Morton I. Greenberg to the Third Cir-cuit Court of Appeals, while a loss to the citizens of the State ofNew Jersey in one respect, represents a gain to all the citizens ofthe states and territory comprising the Third Circuit. His serviceon the trial and appellate levels of the Superior Court of NewJersey has been marked by an unswerving dedication to the lawand an insatiable quest for justice. Litigants have always foundhim fair and impartial. Attorneys appearing before him are im-pressed with his consideration of counsel, his level of preparationand, above all, his knowledge of the law. His colleagues on theappellate court regard him as a wise and understanding coun-selor, capable of accepting divergent views with an open mind.Judge Greenberg's greatest strength, in my judgment, is hisunderstanding of the proper role of the judiciary, and of thejudge in particular, under the mandate of the Constitution. Inthese days of judicial activism during which the judiciary oftenseems to invade the powers of the legislative and the executive, itis always reassuring to watch his approach to a problem-an ap-proach which honestly and carefully avoids the usurpation of ex-tra-judicial power. The present day cry for an independentjudiciary free from external pressure, is, I am afraid, an attemptto justify excursions by judges and courts into areas not properfor judicial scrutiny and determination. While Judge Greenbergnever shrinks from approaching a difficult or sensitive issue prop-erly before him, he does so with a keen sense of how a judgeshould approach that issue. If a law is deficient because of legis-lative nonaction, he does not attempt to legislate to reach a deci-sion. In doing so, he recognizes that it is the obligation of theelected representatives of the people to fill the void, rather thanthe judiciary.Judge Greenberg brings to the Third Circuit a wealth of ex-perience as both a trial and appellatejudge. He sat on my part ofthe appellate division for one term, during half of which we were* Presiding Judge for Administration, Appellate Division of the Superior Courtof New Jersey, retired; Judge, Superior Court, 1960-1965.The author wishes to acknowledge the assistance of M. Karen Thompson, Esq.,who among other things is a former law clerk to Judge Greenberg, and my wife.801802 SETON HALL LA W REVIEWjoined by the late revered Judge Sonja Morgan. It was duringthat term that I came to appreciate Judge Greenberg's intelli-gence, integrity, and humanity. I am confident that his new col-leagues will quickly discover these virtues as well. I am equallyconfident that he will be delighted by the challenges the ThirdCircuit presents, as I recall him telling me some time ago that heis not a man for all seasons-that his life is the law.

Judge Morton I. Greenberg - A Tribute

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Judge Morton I. Greenberg - A Tribute

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