Herbert Jay Stern
Encyclopedia
Herbert Jay Stern is a lawyer
in New Jersey
who formerly served as a federal judge
of the United States District Court for the District of New Jersey
and as United States Court for Berlin.
Born in New York City
, Stern attended Hobart College
and then the University of Chicago Law School
, from which he graduated with a juris doctor in 1961. After serving for one year in the United States Army Reserve
, Stern served from 1962 to 1965 as an Assistant District Attorney
in Manhattan
, during which he participated in the investigation of the assassination of Malcolm X
. He then took a position as a trial attorney in the Organized Crime and Racketeering Section of the United States Department of Justice
. In 1969, Stern became Chief Assistant United States Attorney
for New Jersey. From 1971 to 1973, he served as the U.S. Attorney for the District of New Jersey.
In December 1973, President
Richard M. Nixon appointed Stern to a District Judgeship in New Jersey. Stern succeeded Judge Leonard Garth, who had been elevated to an appellate position on the U.S. Court of Appeals for the Third Circuit. During a 13-year tenure on the bench, Stern presided over a variety of civil and criminal cases. However, his judicial service is best remembered for the unique case of United States v. Tiede
, an aircraft hijacking
prosecution that was the sole case ever tried in the United States Court for Berlin
, over which he was specially designated to preside by selection of the U.S. Department of State. In a published opinion in the case issued in 1978, Stern held that even though the case involved prosecution of German citizens in an unusual forum outside the United States, the defendants were still parties to an American criminal proceeding and entitled to the United States Constitution
's guarantee of trial by jury
. Stern later authored Judgment in Berlin
, a book about his experiences in the Tiede case which was made into a film.
In 1987 Stern resigned from the federal bench and entered private practice as an attorney. He is currently a member of his own law firm located in Roseland, New Jersey
. In addition to Judgment in Berlin, Stern is the author of several books for lawyers on the subject of trial advocacy.
In 2006, Stern was appointed by Chris Christie, who was then serving as the United States Attorney for New Jersey
, to the $500-per-hour post of federal monitor, following Christie's approval of a deferred prosecution agreement
with the University of Medicine and Dentistry of New Jersey
, which had admitted committing Medicare fraud
. Stern's law firm, Stern and Kilcullen, received a reported $8 million in legal fees from the contract. Stern, some of his partners, and their wives have since each made the maximum contribution of $3,400 to Christie's gubernatorial campaign, resulting in a total contribution of $23,800 (and $47,600 in public matching funds). State Sen. Loretta Weinberg
(D) has called for Christie to return the money in order to avoid giving New Jersey taxpayers the impression of a pay-to-play relationship.
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...
in New Jersey
New Jersey
New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...
who formerly served as a federal judge
United States federal judge
In the United States, the title of federal judge usually means a judge appointed by the President of the United States and confirmed by the United States Senate in accordance with Article II of the United States Constitution....
of the United States District Court for the District of New Jersey
United States District Court for the District of New Jersey
The United States District Court for the District of New Jersey is the federal district court whose jurisdiction is the state of New Jersey....
and as United States Court for Berlin.
Born in New York City
New 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...
, Stern attended Hobart College
Hobart and William Smith Colleges
Hobart and William Smith Colleges, located in Geneva, New York, are together a liberal arts college offering Bachelor of Arts, Bachelor of Science and Master of Arts in Teaching degrees. In athletics, however, the two schools compete with separate teams, known as the Hobart Statesmen and the...
and then the University of Chicago Law School
University of Chicago Law School
The University of Chicago Law School was founded in 1902 as the graduate school of law at the University of Chicago and is among the most prestigious and selective law schools in the world. The U.S. News & World Report currently ranks it fifth among U.S...
, from which he graduated with a juris doctor in 1961. After serving for one year in the United States Army Reserve
United States Army Reserve
The United States Army Reserve is the federal reserve force of the United States Army. Together, the Army Reserve and the Army National Guard constitute the reserve components of the United States Army....
, Stern served from 1962 to 1965 as an Assistant District Attorney
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...
in Manhattan
Manhattan
Manhattan is the oldest and the most densely populated of the five boroughs of New York City. Located primarily on the island of Manhattan at the mouth of the Hudson River, the boundaries of the borough are identical to those of New York County, an original county of the state of New York...
, during which he participated in the investigation of the assassination of Malcolm X
Malcolm X
Malcolm X , born Malcolm Little and also known as El-Hajj Malik El-Shabazz , was an African American Muslim minister and human rights activist. To his admirers he was a courageous advocate for the rights of African Americans, a man who indicted white America in the harshest terms for its...
. He then took a position as a trial attorney in the Organized Crime and Racketeering Section of the United States Department of Justice
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
. In 1969, Stern became Chief Assistant 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...
for New Jersey. From 1971 to 1973, he served as the U.S. Attorney for the District of New Jersey.
In December 1973, President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
Richard M. Nixon appointed Stern to a District Judgeship in New Jersey. Stern succeeded Judge Leonard Garth, who had been elevated to an appellate position on the U.S. Court of Appeals for the Third Circuit. During a 13-year tenure on the bench, Stern presided over a variety of civil and criminal cases. However, his judicial service is best remembered for the unique case of United States v. Tiede
LOT Polish Airlines Flight 165 hijacking
LOT Polish Airlines Flight 165 hijacking was the hijacking of a LOT Polish Airlines that occurred on August 30, 1978. The hijackers from East Germany were seeking political asylum in West Germany...
, an aircraft hijacking
Aircraft hijacking
Aircraft hijacking is the unlawful seizure of an aircraft by an individual or a group. In most cases, the pilot is forced to fly according to the orders of the hijackers. Occasionally, however, the hijackers have flown the aircraft themselves, such as the September 11 attacks of 2001...
prosecution that was the sole case ever tried in the United States Court for Berlin
LOT Polish Airlines Flight 165 hijacking
LOT Polish Airlines Flight 165 hijacking was the hijacking of a LOT Polish Airlines that occurred on August 30, 1978. The hijackers from East Germany were seeking political asylum in West Germany...
, over which he was specially designated to preside by selection of the U.S. Department of State. In a published opinion in the case issued in 1978, Stern held that even though the case involved prosecution of German citizens in an unusual forum outside the United States, the defendants were still parties to an American criminal proceeding and entitled to the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
's guarantee of trial by jury
Trial by Jury
Trial by Jury is a comic opera in one act, with music by Arthur Sullivan and libretto by W. S. Gilbert. It was first produced on 25 March 1875, at London's Royalty Theatre, where it initially ran for 131 performances and was considered a hit, receiving critical praise and outrunning its...
. Stern later authored Judgment in Berlin
Judgment in Berlin
Judgment in Berlin is a 1984 book by federal judge Herbert Jay Stern about a hijacking trial in the United States Court for Berlin in 1979, over which he presided....
, a book about his experiences in the Tiede case which was made into a film.
In 1987 Stern resigned from the federal bench and entered private practice as an attorney. He is currently a member of his own law firm located in Roseland, New Jersey
Roseland, New Jersey
Roseland is a borough in western Essex County, New Jersey, United States. As of the 2010 United States Census, the borough population was 5,819...
. In addition to Judgment in Berlin, Stern is the author of several books for lawyers on the subject of trial advocacy.
In 2006, Stern was appointed by Chris Christie, who was then serving as the United States Attorney for New Jersey
United States Attorney for the District of New Jersey
The U.S. Attorney for the District of New Jersey is the chief federal law enforcement officer in New Jersey. Paul J. Fishman was sworn into office as U.S. Attorney on October 14, 2009 after having been nominated by President Barack Obama. He succeeded Ralph J. Marra, who served as Acting U.S....
, to the $500-per-hour post of federal monitor, following Christie's approval of a deferred prosecution agreement
Deferred prosecution agreement
A deferred prosecution agreement is a voluntary alternative to adjudication in which a prosecutor agrees to grant amnesty in exchange for the defendant agreeing to fulfill certain requirements...
with the University of Medicine and Dentistry of New Jersey
University of Medicine and Dentistry of New Jersey
The University of Medicine and Dentistry of New Jersey is the state-run health sciences institution of New Jersey, United States. It has eight distinct academic units...
, which had admitted committing Medicare fraud
Medicare Fraud
In the United States, Medicare fraud is a general term that refers to an individual or corporation that seeks to collect Medicare health care reimbursement under false pretenses...
. Stern's law firm, Stern and Kilcullen, received a reported $8 million in legal fees from the contract. Stern, some of his partners, and their wives have since each made the maximum contribution of $3,400 to Christie's gubernatorial campaign, resulting in a total contribution of $23,800 (and $47,600 in public matching funds). State Sen. Loretta Weinberg
Loretta Weinberg
Loretta Weinberg is an American Democratic Party politician, who has served as a member of the New Jersey Senate since 2005, where she represents the 37th Legislative District...
(D) has called for Christie to return the money in order to avoid giving New Jersey taxpayers the impression of a pay-to-play relationship.