Curt Rothenberger
Encyclopedia
Curt Ferdinand Rothenberger (born 30 June 1896 in Cuxhaven - died 1 September 1959 in Hamburg
) was a German
jurist and leading figure in the Nazi Party.
and Roland Freisler
, the aim of which was to transform the legal profession by installing loyal party men in leading positions within the judiciary. Rothenberger was appointed Senator of Justice in Hamburg
and set about putting these ideas into practice, insisting that all judges had to be "100% national socialist" and had to be trusted by party officials. Where this was not the case the judges faced summary dismissal. Jewish judges were removed from office as early March 1933 under Rothenberger's orders.
Nonetheless as senior judge in the Hanseatic Higher Regional Court Rothenberger clashed with the Gestapo
in 1938 over their practice of rearresting people who had been released from prison. When Rothenberger took the case of two Jehovah's Witnesses who had been arrested immediately following their release after spending eight month in prison for their religious activities it was agreed that the Gestapo would end this pracitce except in cases where those released were continuing to offend.
Rothenberger sent his ideas about judicial reform to prominent legal expert Hans Lammers
in early 1941 although he was not impressed and rejected the plan. Rothenberger then sent the same ideas to Rudolf Hess
who was much keener but made his ill-fated flight to Scotland
before he could act on them. Finally in 1942 Rothenberger condensed his ideas into a short memorandum and, through Martin Bormann
, had this version shown directly to Adolf Hitler
. In reaction Hitler made a speech to the Reichstag on 26 April 1942 in which he sought and received full power to undertake a root and branch reform of the judiciary based on the Rothenberger principles.
In order to undertake these changes Justice Minister Franz Schlegelberger
was dismissed and replaced by Otto Thierack with Rothenberger appointed his state secretary in charge of judicial reform, albeit was Bormann's ally Hans Klemm added as an another state secretary in order to limit the power of Rothenberger.
One of his first acts as state secretary was to agree a deal with SS-Brigadeführer
Bruno Streckenbach
whereby prisoners deemed as "antisocial" were to be removed from jails and given over to the SS to be worked to death in the Nazi concentration camps. It was arranged with Heinrich Himmler
that Jews and Gypsies would join recidivists and those with sentences of eighty years or over in this "antisocial" category.
Rothenberger soon returned to his original reform plans and sought to give the Nazi Party a closer role in the training of judges. Alongside this he sought to extend the use of lay judges and people's courts at the expense of the professional judiciary. Nonetheless he argued that the dispensing of justice at the highest level should remain in the hands of a proper, trained judiciary, an idea that was interpreted by Bormann as not going far enough. Others however saw Rothenberger's ideas as constituting unwarranted attacks on the judiciary and indeed Hans Frank
resigned from the presidency of the Academy of German Law, a body which he had established in 1933, as a protest against the Rothernberger proposals.
Realising that the proposed reforms were causing too much friction at a time when the Second World War was beginning to turn against the Nazis and thus stability was of the essence, Bormann sought to sabotage Rothenberger until finally dismissing him altogether in late 1943 on the unusual charges of plagiarism.
where he was sentenced to seven years in prison.
Hamburg
-History:The first historic name for the city was, according to Claudius Ptolemy's reports, Treva.But the city takes its modern name, Hamburg, from the first permanent building on the site, a castle whose construction was ordered by the Emperor Charlemagne in AD 808...
) was a German
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
jurist and leading figure in the Nazi Party.
Hamburg
In the immediate aftermath of the Nazi seizure of power Rothenberger was part of an unofficial group within the Nazi Party, led by Hans FrankHans Frank
Hans Michael Frank was a German lawyer who worked for the Nazi party during the 1920s and 1930s and later became a high-ranking official in Nazi Germany...
and Roland Freisler
Roland Freisler
Roland Freisler was a prominent and notorious Nazi lawyer and judge. He was State Secretary of the Reich Ministry of Justice and President of the People's Court , which was set up outside constitutional authority...
, the aim of which was to transform the legal profession by installing loyal party men in leading positions within the judiciary. Rothenberger was appointed Senator of Justice in Hamburg
Hamburg
-History:The first historic name for the city was, according to Claudius Ptolemy's reports, Treva.But the city takes its modern name, Hamburg, from the first permanent building on the site, a castle whose construction was ordered by the Emperor Charlemagne in AD 808...
and set about putting these ideas into practice, insisting that all judges had to be "100% national socialist" and had to be trusted by party officials. Where this was not the case the judges faced summary dismissal. Jewish judges were removed from office as early March 1933 under Rothenberger's orders.
Nonetheless as senior judge in the Hanseatic Higher Regional Court Rothenberger clashed with the Gestapo
Gestapo
The Gestapo was the official secret police of Nazi Germany. Beginning on 20 April 1934, it was under the administration of the SS leader Heinrich Himmler in his position as Chief of German Police...
in 1938 over their practice of rearresting people who had been released from prison. When Rothenberger took the case of two Jehovah's Witnesses who had been arrested immediately following their release after spending eight month in prison for their religious activities it was agreed that the Gestapo would end this pracitce except in cases where those released were continuing to offend.
Justice Ministry
Hans Lammers
Dr.jur. Hans Heinrich Lammers was a German jurist and prominent Nazi politician. From 1933 until 1945 he served as head of the Reich Chancellery under Adolf Hitler....
in early 1941 although he was not impressed and rejected the plan. Rothenberger then sent the same ideas to Rudolf Hess
Rudolf Hess
Rudolf Walter Richard Hess was a prominent Nazi politician who was Adolf Hitler's deputy in the Nazi Party during the 1930s and early 1940s...
who was much keener but made his ill-fated flight to Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
before he could act on them. Finally in 1942 Rothenberger condensed his ideas into a short memorandum and, through Martin Bormann
Martin Bormann
Martin Ludwig Bormann was a prominent Nazi official. He became head of the Party Chancellery and private secretary to Adolf Hitler...
, had this version shown directly to Adolf Hitler
Adolf Hitler
Adolf Hitler was an Austrian-born German politician and the leader of the National Socialist German Workers Party , commonly referred to as the Nazi Party). He was Chancellor of Germany from 1933 to 1945, and head of state from 1934 to 1945...
. In reaction Hitler made a speech to the Reichstag on 26 April 1942 in which he sought and received full power to undertake a root and branch reform of the judiciary based on the Rothenberger principles.
In order to undertake these changes Justice Minister Franz Schlegelberger
Franz Schlegelberger
Louis Rudolph Franz Schlegelberger was State Secretary in the German Reich Ministry of Justice and served awhile as Justice Minister during the Third Reich. He was the highest-ranking defendant at the Judges' Trial in Nuremberg.- Early life :Schlegelberger was born into a Protestant salesman's...
was dismissed and replaced by Otto Thierack with Rothenberger appointed his state secretary in charge of judicial reform, albeit was Bormann's ally Hans Klemm added as an another state secretary in order to limit the power of Rothenberger.
One of his first acts as state secretary was to agree a deal with SS-Brigadeführer
Brigadeführer
SS-Brigadeführer was an SS rank that was used in Nazi Germany between the years of 1932 and 1945. Brigadeführer was also an SA rank....
Bruno Streckenbach
Bruno Streckenbach
Bruno Heinrich Streckenbach held the rank of SS-Brigadeführer , when he was the head of Amt I : Administration and Personnel of the Reichssicherheitshauptamt , but eventually achieved the rank of SS-Gruppenführer both in Allgemeine-SS and Waffen-SS...
whereby prisoners deemed as "antisocial" were to be removed from jails and given over to the SS to be worked to death in the Nazi concentration camps. It was arranged with Heinrich Himmler
Heinrich Himmler
Heinrich Luitpold Himmler was Reichsführer of the SS, a military commander, and a leading member of the Nazi Party. As Chief of the German Police and the Minister of the Interior from 1943, Himmler oversaw all internal and external police and security forces, including the Gestapo...
that Jews and Gypsies would join recidivists and those with sentences of eighty years or over in this "antisocial" category.
Rothenberger soon returned to his original reform plans and sought to give the Nazi Party a closer role in the training of judges. Alongside this he sought to extend the use of lay judges and people's courts at the expense of the professional judiciary. Nonetheless he argued that the dispensing of justice at the highest level should remain in the hands of a proper, trained judiciary, an idea that was interpreted by Bormann as not going far enough. Others however saw Rothenberger's ideas as constituting unwarranted attacks on the judiciary and indeed Hans Frank
Hans Frank
Hans Michael Frank was a German lawyer who worked for the Nazi party during the 1920s and 1930s and later became a high-ranking official in Nazi Germany...
resigned from the presidency of the Academy of German Law, a body which he had established in 1933, as a protest against the Rothernberger proposals.
Realising that the proposed reforms were causing too much friction at a time when the Second World War was beginning to turn against the Nazis and thus stability was of the essence, Bormann sought to sabotage Rothenberger until finally dismissing him altogether in late 1943 on the unusual charges of plagiarism.
Post-war
Rothenberger was one of the defendants at the Judges' TrialJudges' Trial
The Judges' Trial was the third of the 12 trials for war crimes the U.S. authorities held in their occupation zone in Germany in Nuremberg after the end of World War II. These twelve trials were all held before U.S...
where he was sentenced to seven years in prison.