Eakin, J. Michael

English

Duquesne University: Digital Commons

Duquesne Law Review Volume 47 Number 3 The Pennsylvania Issue: Honoring Chief Justice Ralph J. Cappy Article 8 2009 A Tribute in Rhyme J. Michael Eakin Follow this and additional works at: https://dsc.duq.edu/dlr  Part of the Law Commons Recommended Citation J. M. Eakin, A Tribute in Rhyme, 47 Duq. L. Rev. 529 (2009). Available at: https://dsc.duq.edu/dlr/vol47/iss3/8 This Comment is brought to you for free and open access by Duquesne Scholarship Collection. It has been accepted for inclusion in Duquesne Law Review by an authorized editor of Duquesne Scholarship Collection. A Tribute in RhymeJustice J. Michael Eakin*INTRODUCTION**Justice Eakin was elected to the Pennsylvania Supreme Courtin 2001, after having served on the Superior Court of Pennsyl-vania for six years. During his tenure on the Superior Court, Jus-tice Eakin had developed a creative writing style that occasionallyerupted in rhyme.' This talent to take a complex legal questionand engagingly revise it into a rhythmic rendering reveals his in-clination toward the musical side of language, an aspect of hispersonality normally expressed through harmonic displays. (Thesight of Justice Eakin on stage with harmonica at the ready is acommon one for many of us in the legal profession.)Justice Eakin's colleagues, however, did not always appreciatehis talent of turning a poetic phrase. The nature of the judicialdispute on artistic license was revealed to the public when JusticeEakin penned his dissent in Porreco v. Porreco.2 At the time Por-reco was published, two of Justice Eakin's colleagues, then-ChiefJustice Zappala and then-Justice Cappy, penned concurring opin-ions motivated solely by their desires to take Justice Eakin to taskfor his choice to write a dissent in verse. 3 In memory of that occa-sion, Justice Eakin was inspired to draft the following tribute tohis friend and colleague, Ralph J. Cappy, Chief Justice, retired.* Justice, Pennsylvania Supreme Court.** Elizabeth Surgent Minnotte, Esquire, the former Chief Clerk for Chief JusticeRalph J. Cappy, authored this brief introduction to Justice Eakin's poem.1. Mary Kate Kearney, The Propriety of Poetry in Judicial Opinions, 12 Widener L.J.597 (2003) (discussing judicial opinions in verse, focusing primarily on the opinions of Jus-tice Eakin).2. 811 A.2d 566, 575 (Pa. 2002) (Eakin, J., dissenting). Porreco involved the validity ofa prenuptial agreement, and one of the major issues in contention was the discovery thatthe engagement ring at the heart of the case did not contain a real diamond. Porreco, 811A.2d at 568 (majority opinion).3. Porreco, A.2d at 572 (Zappala, C.J., concurring); Id. at 572-73 (Cappy, J., concur-ring).529Duquesne Law ReviewPOET'S FOREWORDNear the end of my first year on the Court, I penned a proposeddissent in rhyme, an occasional practice carried over from my timeon the Superior Court. Then-Chief Justice Zappala was none toopleased with this idea and enlisted Justice Cappy in his efforts todissuade me, unsuccessfully-while some might call me stubborn,I prefer to think of it as being of firm resolve. In any event, in theyears that followed, Justice Cappy and I had a few smiles aboutthe whole thing, and from time to time, he sent me a rhyming noteabout some matter or other. This personal touch and sense ofhumor was typical of him, and facilitated his ability to lead by con-sensus-the Court and the Commonwealth have been the betterfor it.Hence my feeble attempts to integrate a few thoughts with Poe'smasterpiece, an effort I am certain would have been appreciatedby Ralph. The joke about the midget buying the horse, his favor-ite, well, I'll leave that for a more appropriate time and venue.Once upon a midnight dreary, while I pondered, weak and weary,Over a certain quaint and curious opinion; I'd dissent for sure.While I nodded, nearly napping, suddenly there came a tapping,As of someone gently rapping, rapping at my chamber door.T'was Chief Zappala and Justice Cappy,Looking stressed and none too happy.How could I dissent in rhyme? they asked me, looking sore.' These are some visitors," I muttered, "tapping at my chamberdoor-Holy Cow, I'm toast for sure!"Ah, distinctly I remember it was in the bleak December,And each separate dying allocator wrought its ghost upon thefloor.Eagerly I wished the morrow;-vainly I had sought to borrowFrom my books surcease of sorrow-sorrow for the lost rapport-For the rare and radiant status whom the Justices namerapport-Nameless I'll be for evermore.530 Vol. 47Summer 2009 A Tribute in Rhyme 531Presently my soul grew stronger; hesitating then no longer,"Sirs," said I, "dear sirs, truly your forgiveness I implore;The fact is I was not quite napping, nor was I doing hip hop orrapping,And file I must despite your tapping, tapping at my chamber door"I scarce can argue and sure I'd heard you-but yourblandishments I'd ignore;-Stubbornness here, and nothing more.I filed the rhyme and all survived. With you as Chief, the Courtsoon thrived,Doubling programs, making real some dreams no mortal dared todream before;By personality, by tour de force, and collegial sharing anddiscourse,And the only words there spoken was the whispered words, "Ofcourse!"This I whispered-that and an awful joke about a midget buying ahorse-Merely this, and nothing more.Now your legacy, never failing, still is sailing, still is sailingO'er the pallid bust of Scalia just above my chamber door;And the heritage you've left for us, would inspire an Italianchorus,And the light you shone is streaming, throwing your shadow o'ermy door;And the respect of all for you still is floating above the chamberfloor, andQuoth this Justice-will be evermore!

A Tribute in Rhyme

https://dsc.duq.edu/cgi/viewcontent.cgi?article=3640&amp;context=dlr

A Tribute in Rhyme

Abstract

Similar works

Full text

Available Versions

Duquesne University: Digital Commons