Levenson, Laurie L.

English

Loyola Marymount University

Loyola Marymount University and Loyola Law SchoolDigital Commons at Loyola MarymountUniversity and Loyola Law SchoolLoyola of Los Angeles Law Review Law Reviews6-1-1997Tribute to Judge Richard A. GadboisLaurie L. LevensonThis Introduction is brought to you for free and open access by the Law Reviews at Digital Commons @ Loyola Marymount University and LoyolaLaw School. It has been accepted for inclusion in Loyola of Los Angeles Law Review by an authorized administrator of Digital Commons@LoyolaMarymount University and Loyola Law School. For more information, please contact digitalcommons@lmu.edu.Recommended CitationLaurie L. Levenson, Tribute to Judge Richard A. Gadbois, 30 Loy. L.A. L. Rev. 1427 (1997).Available at: https://digitalcommons.lmu.edu/llr/vol30/iss4/2TRIBUTE TO JUDGE RICHARD A.GADBOISLaurie L. Levenson*President Woodrow Wilson once wrote, "One cool judgmentis worth a thousand hasty counsels. The thing to be supplied islight, not heat."1 Judge Richard A. Gadbois, Jr. provided thatlight. In fact, at times his was more of a sparkle. Judge Gadbois'slove for the law and people was evident in every decision he made.I, as a young prosecutor, had the privilege of feeling the wisdomand warmth of his light.I first appeared before Judge Gadbois when he took the fed-eral bench in 1982. I had been sent down by the United States At-torney's Office to "try out" the new judge. Was he a tyrant? Washe a pushover? How much justice could we wring out of him?Day one was a humbling experience. Frankly, Judge Gadboisdid not want to hear from me at all. The time had come to sen-tence a defendant, and Judge Gadbois respected the task beforehim. He was familiar with the defendant's misdeeds. As a formermunicipal and superior court judge, Judge Gadbois had seen manypetty thieves before. It was the defendant Judge Gadbois wantedto hear from, the man who would suffer the consequences of thejudgment. Judge Gadbois listened and dispensed judgment. And,because he listened, it truly was a fair judgment.My second appearance went only slightly better. This time, Iwas allowed to state my name but nothing more. Judge Gadboisdeferred again to defense counsel. It was not that Judge Gadbois* Associate Academic Affairs Dean, Loyola Law School.1. President Woodrow Wilson, Address on Preparedness (Jan. 29, 1916), in 36THE PAPERS OF WOODROW WILSON 33 (Arthur S. Link ed., 1981).2. Judge Gadbois had a distinguished legal career. He was a Deputy AttorneyGeneral in Los Angeles, an associate with the firm of Forster, Gennill & Farmer, anda partner at Musick, Peeler & Garrett. He also served as Vice President and Gen-eral Counsel for Denny's Restaurants before being appointed to the California Mu-nicipal Court bench in 1971. In 1972 Judge Gadbois was elevated to the Los AngelesCounty Superior Court where he served for ten years before becoming a UnitedStates District Judge for the Central District of California.14271428 LOYOLA OF LOS ANGELES LAW REVIEWdid not care about my position, far from that. It was that JudgeGadbois knew that the courtroom was not the place to have prose-cutors make speeches. It is a place to get questions answered, andthe judge had no questions for me. The judge needed to hear fromdefense counsel. Judge Gadbois used his precious courtroom timeto talk, person to person, to the lawyer whose case he doubted. AsI sat on the sidelines, I watched as Judge Gadbois engaged in con-versation that transformed the courtroom from an adversarial bat-tleground to a meeting place for the exchange of information. Iwas beginning to get it.By the time I made my third appearance in front of JudgeGadbois, it was my turn. As I rose to address the court, JudgeGadbois announced to the packed courtroom and my adversariesthat they were about to hear from a "brilliant, articulate, andtough prosecutor." Pretty good for someone who had never ac-tually argued in his court before! It was Judge Gadbois's way ofwelcoming me into his family of federal litigators.For the next several years, I had the opportunity to try manycases before Judge Gadbois. He was extremely smart and percep-tive. Years of toiling in both the public and private sectors gavehim an insight into people that no law book can teach. JudgeGadbois also was a consummate trial lawyer, even when he wasthe judge. He could zero in on the important evidence in a blinkof an eye. He knew when the jurors had heard enough. He knewwhen counsel could resolve a case if he would just take a few extramoments before taking the bench.Judge Gadbois put me through my paces. I have no doubtthat I became a better lawyer because I had the privilege of tryingcases before him. He held the government to a higher standard.My cases had to be prepared because he always was. He warnedconstantly against going overboard. He instinctively seemed toknow what a case was worth and how the justice system could bestbe used to obtain our goal-justice.Judge Gadbois had compassion but not for the defendant whodid not deserve it. When sentencing a corporate executive whohad been convicted of illegal kickbacks, the judge let his fury fly.He emphasized the special evil of the betrayal of trust; he insistedthat those entrusted with the money or lives of others had a specialresponsibility not to stray. Judge Gadbois spoke to the person yetsent his message to all. He demanded that the business world playfair. He had run an ethical shop when he was General Counsel to[Vol. 30:1423June 1997] MEMORIAL DEDICATION TO JUDGE GADBOIS 1429Denny's Restaurants. There would be no break for white-collarcriminals who chose a different path.I spent two years trying back-to-back cases in front of JudgeGadbois. What a privilege it was. I am particularly grateful thateven when I left the prosecutor's office we were able to maintainour friendship. I could visit him anytime, as long as I brought pic-tures of my children. I could call him for advice and he wouldfreely provide it. When I joined the ranks of Los Angeles's legalcommentariat, commenting on television about high-profile cases,Judge Gadbois continued to provide his encouragement and ad-vice. True to his form, his first advice hit the mark. "Lose the tieand speak slowly" said it all.I would like to think that Loyola Law School gave JudgeGadbois all of his brilliance and goodness.3 More likely, he wasjust born that way. He was a good man who will be missed by bothhis families-the one he cherished at home and the one he broughttogether in his federal court. He has left behind a wonderful leg-acy. Judge Gadbois's sparkle and cool judgment will provide abeacon of light for years to come.3. Judge Gadbois graduated from the Seminary at St. John's in 1954 and wenton to receive his law degree from Loyola Law School in 1958.1430 LOYOLA OF LOS ANGELES LAW REVIEW [Vol. 30:1423

Tribute to Judge Richard A. Gadbois

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Tribute to Judge Richard A. Gadbois

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