Sol Wachtler
Encyclopedia
Solomon Wachtler, born April 29, 1930, is a lawyer
and politician
from New York. He was Chief Judge
of the New York Court of Appeals
from 1985 to 1993. Known for the remark, "A marriage license should not be viewed as a license for a husband to forcibly rape his wife with impunity" (in People v. Liberta), Wachtler was a key figure in making spousal rape
a criminal offense. He achieved national notoriety when he was charged with, and then convicted of, acts stemming from threats he made against a former lover and her daughter. Upon conviction, Wachtler served an 11- month prison sentence.
and an LL.B. from Washington and Lee University
. He began his political career in 1963, when he was elected to be a councilman in the town of North Hempstead, New York. He was elected to the New York State Supreme Court in 1968, and to the New York Court of Appeals
in 1972, where he served for nearly 20 years and authored close to 400 opinions. He was appointed Chief Judge of the Court of Appeals in 1985.
His decision in Chapadeau v. Utica Observer-Dispatch protected the right of the defendant newspaper (and by extension of the press in general) to cover issues of public concern without undue exposure to suits for libel. The reasoning of the Chapadeau decision was influential with courts throughout the United States.SCt citaton needed
Wachtler wrote the majority opinion in a 1988 right to die
case interpreting the statute's requirement of "clear and convincing evidence" that a person who can no longer communicate would have wanted to die in a particular circumstance. The majority opinion set a stricter standard of "clear and convincing" than the lower courts, and refused to let a patient's family withdraw life support. General statements by a person that he or she would not want to live in such a condition are not acceptable under the decision. The decision was criticized by right-to-die organizations as being too strict and unworkable, and taking decision-making away from family members. Wachtler was criticized for writing the decision while his own 86-year-old mother was recovering from a stroke. His formulation of this higher standard of proof was later adopted by the United States Supreme Court.
As Chief Judge, Wachtler served not only as the head the Court of Appeals, but also as the chief administrator for the state court system. He made significant administrative changes, called for the merit selection of judges, implemented streamlined procedures, reduced opportunities for "judge shopping," and reformed the state's grand jury
system. Wachtler also tried to improve women's and minorities' access to justice. He created a New York State Judicial Commission for Minority Concerns, a Workforce Diversity Program, and a New York State Task Force on Gender Bias.
stemming from Wolosoff's estate for the benefit of Silverman and her family. The trusts (in aggregate) were reported to be worth US$24 million at the time. According to then-United States Attorney
Michael Chertoff
, over time, Wachtler received fees of more than US$800,000 for his work as executor and trustee of the entire estate. After his affair with Silverman ended in September 1991, Wachtler began to harass her.
Wachtler was arrested in November 1992, on charges including extortion
, racketeering
, and blackmail
. He eventually pleaded guilty to harassing Silverman by threatening to kidnap her daughter. He resigned as a judge and from the bar. He served a 15-month sentence, first at the medium-security Federal Correctional Institution in Butner, N.C., and later at the Federal Medical Center in Rochester
, Minn., after reporting that he had been stabbed in the shoulder while dozing in his cell.
Magazine.
He is currently an Adjunct Professor at Touro Law School
and Chair of the Law and Psychiatry Institute of North Shore Long Island Jewish Hospital. He is an advocate for the mentally ill and has received awards from the Mental Health Association of the State of New York and New York City.
He was reinstated to the New York state bar on October 2, 2007.
Wachtler lives in Manhasset, New York
.
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
and politician
Politician
A politician, political leader, or political figure is an individual who is involved in influencing public policy and decision making...
from New York. He was Chief Judge
Chief Judge of the New York Court of Appeals
Chief Judge of the New York Court of Appeals refers to the position of chief judge on the New York Court of Appeals.The chief judge supervises the seven-judge Court of Appeals...
of the New York Court of Appeals
New York Court of Appeals
The New York Court of Appeals is the highest court in the U.S. state of New York. The Court of Appeals consists of seven judges: the Chief Judge and six associate judges who are appointed by the Governor to 14-year terms...
from 1985 to 1993. Known for the remark, "A marriage license should not be viewed as a license for a husband to forcibly rape his wife with impunity" (in People v. Liberta), Wachtler was a key figure in making spousal rape
Spousal rape
Marital rape, also known as spousal rape, is non-consensual sex in which the perpetrator is the victim's spouse. As such, it as a form of partner rape, of domestic violence, and of sexual abuse. Once widely condoned or ignored by law, spousal rape is now repudiated by international conventions and...
a criminal offense. He achieved national notoriety when he was charged with, and then convicted of, acts stemming from threats he made against a former lover and her daughter. Upon conviction, Wachtler served an 11- month prison sentence.
Career
Wachtler graduated with both a B.A.Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
and an LL.B. from Washington and Lee University
Washington and Lee University
Washington and Lee University is a private liberal arts college in Lexington, Virginia, United States.The classical school from which Washington and Lee descended was established in 1749 as Augusta Academy, about north of its present location. In 1776 it was renamed Liberty Hall in a burst of...
. He began his political career in 1963, when he was elected to be a councilman in the town of North Hempstead, New York. He was elected to the New York State Supreme Court in 1968, and to the New York Court of Appeals
New York Court of Appeals
The New York Court of Appeals is the highest court in the U.S. state of New York. The Court of Appeals consists of seven judges: the Chief Judge and six associate judges who are appointed by the Governor to 14-year terms...
in 1972, where he served for nearly 20 years and authored close to 400 opinions. He was appointed Chief Judge of the Court of Appeals in 1985.
His decision in Chapadeau v. Utica Observer-Dispatch protected the right of the defendant newspaper (and by extension of the press in general) to cover issues of public concern without undue exposure to suits for libel. The reasoning of the Chapadeau decision was influential with courts throughout the United States.SCt citaton needed
Wachtler wrote the majority opinion in a 1988 right to die
Right to die
The right to die is the ethical or institutional entitlement of the individual to commit suicide or to undergo voluntary euthanasia. Possession of this right is often understood to mean that a person with a terminal illness should be allowed to commit suicide or assisted suicide or to decline...
case interpreting the statute's requirement of "clear and convincing evidence" that a person who can no longer communicate would have wanted to die in a particular circumstance. The majority opinion set a stricter standard of "clear and convincing" than the lower courts, and refused to let a patient's family withdraw life support. General statements by a person that he or she would not want to live in such a condition are not acceptable under the decision. The decision was criticized by right-to-die organizations as being too strict and unworkable, and taking decision-making away from family members. Wachtler was criticized for writing the decision while his own 86-year-old mother was recovering from a stroke. His formulation of this higher standard of proof was later adopted by the United States Supreme Court.
As Chief Judge, Wachtler served not only as the head the Court of Appeals, but also as the chief administrator for the state court system. He made significant administrative changes, called for the merit selection of judges, implemented streamlined procedures, reduced opportunities for "judge shopping," and reformed the state's grand jury
Grand jury
A grand jury is a type of jury that determines whether a criminal indictment will issue. Currently, only the United States retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing...
system. Wachtler also tried to improve women's and minorities' access to justice. He created a New York State Judicial Commission for Minority Concerns, a Workforce Diversity Program, and a New York State Task Force on Gender Bias.
Criminal charges and resignation
In 1988, Wachtler began an affair with Joy Silverman. At the time, Wachtler was a co-executor of the estate of Alvin Wolosoff, Silverman's stepfather and the uncle of Wachtler's wife. He was also trustee of four trustsTrust law
In common law legal systems, a trust is a relationship whereby property is held by one party for the benefit of another...
stemming from Wolosoff's estate for the benefit of Silverman and her family. The trusts (in aggregate) were reported to be worth US$24 million at the time. According to then-United States Attorney
United States Attorney
United States Attorneys represent the United States federal government in United States district court and United States court of appeals. There are 93 U.S. Attorneys stationed throughout the United States, Puerto Rico, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands...
Michael Chertoff
Michael Chertoff
Michael Chertoff was the second United States Secretary of Homeland Security under President George W. Bush and co-author of the USA PATRIOT Act. He previously served as a judge on the United States Court of Appeals for the Third Circuit, as a federal prosecutor, and as assistant U.S. Attorney...
, over time, Wachtler received fees of more than US$800,000 for his work as executor and trustee of the entire estate. After his affair with Silverman ended in September 1991, Wachtler began to harass her.
Wachtler was arrested in November 1992, on charges including extortion
Extortion
Extortion is a criminal offence which occurs when a person unlawfully obtains either money, property or services from a person, entity, or institution, through coercion. Refraining from doing harm is sometimes euphemistically called protection. Extortion is commonly practiced by organized crime...
, racketeering
Racketeer Influenced and Corrupt Organizations Act
The Racketeer Influenced and Corrupt Organizations Act, commonly referred to as the RICO Act or simply RICO, is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization...
, and blackmail
Blackmail
In common usage, blackmail is a crime involving threats to reveal substantially true or false information about a person to the public, a family member, or associates unless a demand is met. It may be defined as coercion involving threats of physical harm, threat of criminal prosecution, or threats...
. He eventually pleaded guilty to harassing Silverman by threatening to kidnap her daughter. He resigned as a judge and from the bar. He served a 15-month sentence, first at the medium-security Federal Correctional Institution in Butner, N.C., and later at the Federal Medical Center in Rochester
Federal Medical Center, Rochester
Federal Medical Center, Rochester is a United States Federal Bureau of Prisons facility in southeast Minnesota which provides specialized and long-term physical and mental health medical care to male offenders...
, Minn., after reporting that he had been stabbed in the shoulder while dozing in his cell.
Later life
After his release from prison, Wachtler wrote a prison memoir, After the Madness (ISBN 0-7592-4519-3) and a book of fiction, Blood Brothers (ISBN 1-59007-421-1). He also contributed to the book Serving Mentally Ill Defendants (ISBN 0-8261-1504-7) and has written as a critic-at-large for The New YorkerThe New Yorker
The New Yorker is an American magazine of reportage, commentary, criticism, essays, fiction, satire, cartoons and poetry published by Condé Nast...
Magazine.
He is currently an Adjunct Professor at Touro Law School
Touro Law School
Touro Law Center, also known as the Touro College Jacob D. Fuchsberg Law Center, is a law school in Central Islip, New York.-History:...
and Chair of the Law and Psychiatry Institute of North Shore Long Island Jewish Hospital. He is an advocate for the mentally ill and has received awards from the Mental Health Association of the State of New York and New York City.
He was reinstated to the New York state bar on October 2, 2007.
Wachtler lives in Manhasset, New York
Manhasset, New York
Manhasset is a hamlet and neighborhood in Nassau County, New York, on the North Shore of Long Island. As of the United States 2010 Census, the population was 8,080....
.
Sources
- The Political Graveyard, Wachtler, Sol