Burton B. Roberts
Encyclopedia
Burton Bennett Roberts served as Bronx district attorney
before his election as a judge, later serving as the chief administrative judge for the New York Supreme Court
in the Bronx until his retirement in 1998 after 25 years on the bench. His no-nonsense manner as a prosecutor and in court made him the model for the character Myron Kovitsky in the 1987 book The Bonfire of the Vanities
by Tom Wolfe
.
and earned his undergraduate degree in 1943 at New York University
. He enlisted in the United States Army
during World War II
, where he served in the European Theater and won the Bronze Star Medal
for his actions in rescuing fellow soldiers who had been injured, while he was still exposed to enemy fire. After completing his military service, Roberts earned his law degree from the New York University School of Law
in 1949 and was awarded a Master of Laws
in 1953 from Cornell Law School
.
the New York County District Attorney
. It was there that he started using his voice, described as being "a few decibels below the roar of a jet engine", prosecuting petty criminals and corrupt politicians alike. In 1966 he was lured away from Manhattan to become the chief assistant to Bronx district attorney Isidore Dollinger
, and became acting district attorney in 1967 when Dollinger ran for a judicial seat. He became Bronx district attorney in 1969 with bipartisan support and saw a near tripling in the number of prosecutors in his office.
He was elected to a 14-year term as a Supreme Court Justice in 1973 with multi-partisan support and would rule his courtroom with an iron fist, using his stentorian voice to chide prosecutors, defense attorneys and even witnesses as he saw fit. He presided over the case involving the 1990 Happy Land fire
, in which 87 people were killed at an unlicensed social club. In remarks made before he sentenced the convicted arsonist to 25 years in jail, Roberts pointed out that the club had been visited months before the fire and had been ordered closed after multiple fire code violations were discovered, saying "there are many to be blamed," for the tragic results of the fire "not just Julio Gonzalez". The Happy Land fire trial was a model for the way he ran his courtroom, allowing "No histrionics. No emotion run amok." He would feel free to interrupt any lawyer or witness who strayed off the topic or rambled. Roberts later oversaw negotiations with families of the victims that led to a settlement of $15.8 million in 1995.
With the relative safety of an elected term more than a decade long, Roberts felt free to speak with the press about his opposition to mandatory sentencing
law that limited judicial discretion and to the death penalty and to express his firm belief in the independence of the judiciary. He frequently spoke out against what he saw as outside political interference with his rulings, calling criticism of the low bail he set for an accused cop killer by Mayor of New York City
Rudy Giuliani
and New York Governor
George Pataki
to be "the bleatings of public officials who possibly are seeking political advantage". He was ultimately chosen as the administrative judge in charge of criminal and civil trial courts in the county, serving in that role for more than a decade before his retirement from the bench in 1998.
Immortalized in The Bonfire of the Vanities as judge Myron Kovitsky, a character based on Roberts, he was one of the few sympathetic characters in the book, one who would not be swayed by prosecutors or the press. Wolfe dedicated the book to Roberts and one of his assistants, calling Roberts "one of the great figures in New York" and considered him "the greatest single figure I've run into". In the 1990 film adaptation of the book
starring Tom Hanks
, Bruce Willis
and Melanie Griffith
, the role of the judge was renamed to Leonard White and was played by Morgan Freeman
.
Upon retirement he entered private practice with the politically connected firm of Fischbein Badillo Wagner Harding. He said he worked for "a very fine firm with very fine people", but regretted not serving as a judge, saying "I enjoyed the other life more. I always felt I could do things for more people in public life". One of the first cases he took on in private practice involved defending one of the police officers charged in the shooting death of Amadou Diallo
, in which he was able to convince the judge to change the venue of the case to Albany
, arguing that his client could not get a fair trial in the Bronx.
at the age of 88 on October 24, 2010, at the Hebrew Home for the Aged in Riverdale, Bronx
where he had resided for the year before his death. He was survived by his wife, the former Gerhild Hammer, whom he married in 1982 after decades of bachelorhood.
District attorney
In many jurisdictions in the United States, a District Attorney is an elected or appointed government official who represents the government in the prosecution of criminal offenses. The district attorney is the highest officeholder in the jurisdiction's legal department and supervises a staff of...
before his election as a judge, later serving as the chief administrative judge for the New York Supreme Court
New York Supreme Court
The Supreme Court of the State of New York is the trial-level court of general jurisdiction in thestate court system of New York, United States. There is a supreme court in each of New York State's 62 counties, although some smaller counties share judges with neighboring counties...
in the Bronx until his retirement in 1998 after 25 years on the bench. His no-nonsense manner as a prosecutor and in court made him the model for the character Myron Kovitsky in the 1987 book The Bonfire of the Vanities
The Bonfire of the Vanities
The Bonfire of the Vanities is a 1987 novel by Tom Wolfe. The story is a drama about ambition, racism, social class, politics, and greed in 1980s New York City and centers on four main characters: WASP bond trader Sherman McCoy, Jewish assistant district attorney Larry Kramer, British expatriate...
by Tom Wolfe
Tom Wolfe
Thomas Kennerly "Tom" Wolfe, Jr. is a best-selling American author and journalist. He is one of the founders of the New Journalism movement of the 1960s and 1970s.-Early life and education:...
.
Early life and education
Roberts was born on July 25, 1922, in New York CityNew York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
and earned his undergraduate degree in 1943 at New York University
New York University
New York University is a private, nonsectarian research university based in New York City. NYU's main campus is situated in the Greenwich Village section of Manhattan...
. He enlisted in the United States Army
United States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...
during World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
, where he served in the European Theater and won the Bronze Star Medal
Bronze Star Medal
The Bronze Star Medal is a United States Armed Forces individual military decoration that may be awarded for bravery, acts of merit, or meritorious service. As a medal it is awarded for merit, and with the "V" for valor device it is awarded for heroism. It is the fourth-highest combat award of the...
for his actions in rescuing fellow soldiers who had been injured, while he was still exposed to enemy fire. After completing his military service, Roberts earned his law degree from the New York University School of Law
New York University School of Law
The New York University School of Law is the law school of New York University. Established in 1835, the school offers the J.D., LL.M., and J.S.D. degrees in law, and is located in Greenwich Village, in the New York City borough of Manhattan....
in 1949 and was awarded a Master of Laws
Master of Laws
The Master of Laws is an advanced academic degree, pursued by those holding a professional law degree, and is commonly abbreviated LL.M. from its Latin name, Legum Magister. The University of Oxford names its taught masters of laws B.C.L...
in 1953 from Cornell Law School
Cornell Law School
Cornell Law School, located in Ithaca, New York, is a graduate school of Cornell University and one of the five Ivy League law schools. The school confers three law degrees...
.
Legal career
Starting in 1949, he began his legal career as an assistant prosecutor to Frank HoganFrank Hogan
Frank Smithwick Hogan was an American lawyer and politician from New York. Dubbed "Mr. Integrity" due to his perceived honesty and incorruptibility, he was D.A. of New York County for more than 30 years.-Life and career:...
the New York County District Attorney
New York County District Attorney
The New York County District Attorney is the elected district attorney for New York County , New York. The office is responsible for the prosecution of violations of New York state laws....
. It was there that he started using his voice, described as being "a few decibels below the roar of a jet engine", prosecuting petty criminals and corrupt politicians alike. In 1966 he was lured away from Manhattan to become the chief assistant to Bronx district attorney Isidore Dollinger
Isidore Dollinger
Isidore Dollinger was a Democratic U.S. Congressman from New York between 1949 and 1959.Dollinger was born in New York City. He graduated from New York University in 1925 and from New York Law School in 1928. He was admitted to the New York state bar in 1929...
, and became acting district attorney in 1967 when Dollinger ran for a judicial seat. He became Bronx district attorney in 1969 with bipartisan support and saw a near tripling in the number of prosecutors in his office.
He was elected to a 14-year term as a Supreme Court Justice in 1973 with multi-partisan support and would rule his courtroom with an iron fist, using his stentorian voice to chide prosecutors, defense attorneys and even witnesses as he saw fit. He presided over the case involving the 1990 Happy Land fire
Happy Land Fire
The Happy Land fire was an arson fire that killed 87 people trapped in an unlicensed social club called "Happy Land" in the West Farms section of The Bronx, New York, on March 25, 1990. Most of the victims were young ethnic Hondurans celebrating Carnival...
, in which 87 people were killed at an unlicensed social club. In remarks made before he sentenced the convicted arsonist to 25 years in jail, Roberts pointed out that the club had been visited months before the fire and had been ordered closed after multiple fire code violations were discovered, saying "there are many to be blamed," for the tragic results of the fire "not just Julio Gonzalez". The Happy Land fire trial was a model for the way he ran his courtroom, allowing "No histrionics. No emotion run amok." He would feel free to interrupt any lawyer or witness who strayed off the topic or rambled. Roberts later oversaw negotiations with families of the victims that led to a settlement of $15.8 million in 1995.
With the relative safety of an elected term more than a decade long, Roberts felt free to speak with the press about his opposition to mandatory sentencing
Mandatory sentencing
A mandatory sentence is a court decision setting where judicial discretion is limited by law. Typically, people convicted of certain crimes must be punished with at least a minimum number of years in prison...
law that limited judicial discretion and to the death penalty and to express his firm belief in the independence of the judiciary. He frequently spoke out against what he saw as outside political interference with his rulings, calling criticism of the low bail he set for an accused cop killer by Mayor of New York City
Mayor of New York City
The Mayor of the City of New York is head of the executive branch of New York City's government. The mayor's office administers all city services, public property, police and fire protection, most public agencies, and enforces all city and state laws within New York City.The budget overseen by the...
Rudy Giuliani
Rudy Giuliani
Rudolph William Louis "Rudy" Giuliani KBE is an American lawyer, businessman, and politician from New York. He served as Mayor of New York City from 1994 to 2001....
and New York Governor
Governor of New York
The Governor of the State of New York is the chief executive of the State of New York. The governor is the head of the executive branch of New York's state government and the commander-in-chief of the state's military and naval forces. The officeholder is afforded the courtesy title of His/Her...
George Pataki
George Pataki
George Elmer Pataki is an American politician who was the 53rd Governor of New York. A member of the Republican Party, Pataki served three consecutive four-year terms from January 1, 1995 until December 31, 2006.- Early life :...
to be "the bleatings of public officials who possibly are seeking political advantage". He was ultimately chosen as the administrative judge in charge of criminal and civil trial courts in the county, serving in that role for more than a decade before his retirement from the bench in 1998.
Immortalized in The Bonfire of the Vanities as judge Myron Kovitsky, a character based on Roberts, he was one of the few sympathetic characters in the book, one who would not be swayed by prosecutors or the press. Wolfe dedicated the book to Roberts and one of his assistants, calling Roberts "one of the great figures in New York" and considered him "the greatest single figure I've run into". In the 1990 film adaptation of the book
The Bonfire of the Vanities (film)
The Bonfire of the Vanities is a 1990 American film adaptation of the best-selling novel of the same name by Tom Wolfe. The film was directed by Brian De Palma and stars Tom Hanks as Sherman McCoy, Bruce Willis as Peter Fallow, Melanie Griffith as Maria Ruskin, and Kim Cattrall as Judy McCoy,...
starring Tom Hanks
Tom Hanks
Thomas Jeffrey "Tom" Hanks is an American actor, producer, writer, and director. Hanks worked in television and family-friendly comedies, gaining wide notice in 1988's Big, before achieving success as a dramatic actor in several notable roles, including Andrew Beckett in Philadelphia, the title...
, Bruce Willis
Bruce Willis
Walter Bruce Willis , better known as Bruce Willis, is an American actor, producer, and musician. His career began in television in the 1980s and has continued both in television and film since, including comedic, dramatic, and action roles...
and Melanie Griffith
Melanie Griffith
Melanie Richards Griffith is an American actress. She is an Academy Award nominee and Golden Globe winner for her performance in the 1988 film Working Girl...
, the role of the judge was renamed to Leonard White and was played by Morgan Freeman
Morgan Freeman
Morgan Freeman is an American actor, film director, aviator and narrator. He is noted for his reserved demeanor and authoritative speaking voice. Freeman has received Academy Award nominations for his performances in Street Smart, Driving Miss Daisy, The Shawshank Redemption and Invictus and won...
.
Upon retirement he entered private practice with the politically connected firm of Fischbein Badillo Wagner Harding. He said he worked for "a very fine firm with very fine people", but regretted not serving as a judge, saying "I enjoyed the other life more. I always felt I could do things for more people in public life". One of the first cases he took on in private practice involved defending one of the police officers charged in the shooting death of Amadou Diallo
Amadou Diallo
Amadou Diallo was a 23-year-old Guinean immigrant in New York City who was shot and killed on February 4, 1999 by four New York City Police Department plain-clothed officers: Sean Carroll, Richard Murphy, Edward McMellon and Kenneth Boss. The four officers fired a total of 41 shots...
, in which he was able to convince the judge to change the venue of the case to Albany
Albany, New York
Albany is the capital city of the U.S. state of New York, the seat of Albany County, and the central city of New York's Capital District. Roughly north of New York City, Albany sits on the west bank of the Hudson River, about south of its confluence with the Mohawk River...
, arguing that his client could not get a fair trial in the Bronx.
Death
Roberts died of respiratory failureRespiratory failure
The term respiratory failure, in medicine, is used to describe inadequate gas exchange by the respiratory system, with the result that arterial oxygen and/or carbon dioxide levels cannot be maintained within their normal ranges. A drop in blood oxygenation is known as hypoxemia; a rise in arterial...
at the age of 88 on October 24, 2010, at the Hebrew Home for the Aged in Riverdale, Bronx
Riverdale, Bronx
Riverdale is an affluent residential neighborhood in the northwest portion of the Bronx in New York City. Riverdale contains the northernmost point in New York City.-History:...
where he had resided for the year before his death. He was survived by his wife, the former Gerhild Hammer, whom he married in 1982 after decades of bachelorhood.