Thomas Joseph Meskill
Encyclopedia
Thomas Joseph Meskill was a longtime judge
of the United States Court of Appeals for the Second Circuit
. He previously served as the 82nd Governor of Connecticut, as a U.S. Congressman from Connecticut, and as the mayor
of New Britain, Connecticut
. He is noted as having served in all three branches of government
and at the local, state and federal levels of government during his career of public service.
's Saint Thomas Seminary then, although his original intention had been to pursue pre-medical
studies,. He earned a bachelor of science
degree from Trinity College
in Hartford
in 1950.
After graduation, Meskill enlisted in the United States Air Force
and served for three years during the Korean War
. He was honorably discharged in 1953 with the rank of first lieutenant
.
Meskill studied at the New York University School of Law
and the University of Connecticut Law School, where he was editor of the Law Review
, earning an J.D.
from the latter institution in 1956. He was admitted to the bar
and began practicing in New Britain in 1956.
Meskill died in Florida on October 29, 2007, at the age of 79 http://www.journalinquirer.com/site/news.cfm?newsid=18966850&BRD=985&PAG=461&dept_id=161556&rfi=6.
The Law library at the University of Connecticut Law School is scheduled to be named posthumously after Meskill. http://uconnmagazine.uconn.edu/smmr2008/around.html#a13
. The following year, Meskill ran for the first time for the office of mayor of New Britain, Connecticut, but was defeated by 116 votes.
Meskill served for two years as New Britain's assistant corporation counsel starting in 1960. He then won election and served a term as New Britain's mayor from 1962 to 1964. He was defeated for re-election and also failed in an attempt to win a campaign for Congress that same year.
He served as New Britain's corporation counsel from 1965 to 1966. During 1965, Meskill was also a member of a state constitutional convention
held in Hartford to draft a new Connecticut State Constitution in accordance with a U.S.Supreme Court
ruling.
In 1966, during what was otherwise a Democratic sweep of the state, he was elected on the Republican Party
ticket to serve as Congressman for Connecticut's 6th congressional district
. He served in the 90th and 91st Congresses, from January 3, 1967 to January 3, 1971.
In 1970, Meskill ran for and was elected Governor of Connecticut; the first Republican elected to the position since John Davis Lodge
left office in 1955. He served from January 6, 1971 to January 8, 1975. He was the only Republican party nominee to win an election for Governor in Connecticut between 1950 and 1994.
During his term as Governor, Connecticut went from a budget deficit of $260 million to a surplus of $65 million. He was also involved in the founding of the Connecticut Department of Environmental Protection
and of the Connecticut Lottery
. He announced he wouldn't seek a second term following severe criticism of his not returning to the state from a skiing trip during a severe ice storm
in December 1973. In his eulogy, Judge Peter Dorsey said in retrospect "the blizzard was the best thing that happened" to Meskill, since it caused him to pursue a judicial career instead of continuing a career seeking elective office http://www.courant.com/news/custom/topnews/hc-meskill1103.artnov03,0,7198893.story?coll=hc_tab01_layout
Richard M. Nixon, in one of the last acts of his presidency, nominated Meskill to serve as a federal appellate judge for the Second Circuit, comprising Connecticut, New York, and Vermont. The nomination proved controversial and was not acted on by the United States Senate
that year. On January 16, 1975, President Gerald R. Ford renominated Meskill to be the 38th judge of the United States Court of Appeals for the Second Circuit
, succeeding to seat vacated by John Joseph Smith. The nomination was opposed by many groups including the American Bar Association, which cited his lack of legal experience. Law professors from Meskill's alma mater the University of Connecticut also opposed the nomination stating in a letter to the Senate "it is clear from his record as Governor that he lacks the judicial temperament which might have compensated for his want of experience....As Governor he has repeatedly shown himself insensitive to the rights of the poor and the disadvantaged, and indifferent to civil and political liberties." Nonetheless, Meskill's nomination was confirmed on April 22, 1975, by a vote of 54-36 and he was commissioned to his seat the next day. One year later, however, his most ardent critic,
Lawrence E. Walsh, who, as President of the American Bar Association had led the opposition to
Judge Meskill, publicly admitted his error and called Judge Meskill a “hardworking, able judge.”
Other organizations that had opposed his appointment would also reverse course by honoring his
judicial service. The Connecticut Bar Association awarded Judge Meskill its highest award for
judicial service, the Henry J. Naruk Award, in 1994. In that same year, the Federal Bar Council
recognized Judge Meskill for his “excellence in federal jurisprudence” by awarding him its
Learned Hand Medal. In 1982, the University of Connecticut Law School honored Judge Meskill
with its Connecticut Law Review Award, commending him for his “commitment to public
service” and for the “intellectual honesty and conviction” that characterized his career.
Meskill remained a judge for the rest of his life. He served as the Second Circuit's Chief Judge
from 1992 to 1993. Meskill assumed senior status
on the court on June 30, 1993, which he retained until his death some 32 years after he took the bench.
Thomas Meskill held memberships in the American Bar Association
, the American Judicature Society
, the Connecticut Bar Association, and the Florida Bar.
in Barnes v. Jones (2d Cir. 1981), a criminal case, Judge Meskill disagreed with the majority,
stating that appointed counsel should not have to present all non-frivolous arguments requested
by his client. The United States Supreme Court agreed with Judge Meskill and reversed the
Second Circuit majority, holding that an indigent defendant did not have a constitutional right to compel appointed counsel to press non-frivolous points, where, as a matter of professional
judgment, counsel chose not to do so.
Judge Meskill’s dissenting opinion prevailed in two other Second Circuit cases in which
the Supreme Court granted certiorari, Herbert v. Lando (2d Cir. 1977), and Harper & Row
Publishers, Inc. v. Nation Enters. (2d Cir. 1983). In Herbert v. Lando, the majority concluded
that, in a defamation suit brought by a public figure, the First Amendment affords a privilege to disclosure of a journalist’s exercise of editorial control and judgment. Judge Meskill predicted the Supreme Court’s rejection of the majority’s “new constitutional privilege”; the Supreme Court reversed the Second Circuit, affording no absolute privilege to the editorial process of a media defendant in a libel case.
Similarly, in Harper & Row Publishers, the Second Circuit concluded over Judge Meskill’s dissent that the publication of verbatim excerpts from former-President Ford’s unpublished memoir constituted a “fair use” under the Copyright Act, as the excerpts involved important matters of state. The Supreme Court disagreed and again sided with Judge Meskill, concluding that the fact that excerpts were newsworthy did not alone shield the publisher from
copyright liability.
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
of the United States Court of Appeals for the Second Circuit
United States Court of Appeals for the Second Circuit
The United States Court of Appeals for the Second Circuit is one of the thirteen United States Courts of Appeals...
. He previously served as the 82nd Governor of Connecticut, as a U.S. Congressman from Connecticut, and as the mayor
Mayor
In many countries, a Mayor is the highest ranking officer in the municipal government of a town or a large urban city....
of New Britain, Connecticut
New Britain, Connecticut
New Britain is a city in Hartford County, Connecticut, United States. It is located approximately 9 miles southwest of Hartford. According to 2006 Census Bureau estimates, the population of the city is 71,254....
. He is noted as having served in all three branches of government
Separation of powers
The separation of powers, often imprecisely used interchangeably with the trias politica principle, is a model for the governance of a state. The model was first developed in ancient Greece and came into widespread use by the Roman Republic as part of the unmodified Constitution of the Roman Republic...
and at the local, state and federal levels of government during his career of public service.
Biography
Thomas Joseph Meskill was born on January 30, 1928 in New Britain, Connecticut. His father was politically active. Meskill graduated from New Britain Senior High School in 1946. He then attended BloomfieldBloomfield, Connecticut
Bloomfield is a town in Hartford County, Connecticut, United States. The population was 20,626 at the 2009 census.-Geography:According to the United States Census Bureau, the town has a total area of , of which is land and 0.2 square miles is water.Bloomfield is bordered by Windsor to the...
's Saint Thomas Seminary then, although his original intention had been to pursue pre-medical
Pre-medical
Pre-medical is a term used to describe a track an undergraduate student in the United States pursues prior to becoming a medical student...
studies,. He earned a bachelor of science
Bachelor of Science
A Bachelor of Science is an undergraduate academic degree awarded for completed courses that generally last three to five years .-Australia:In Australia, the BSc is a 3 year degree, offered from 1st year on...
degree from Trinity College
Trinity College (Connecticut)
Trinity College is a private, liberal arts college in Hartford, Connecticut. Founded in 1823, it is the second-oldest college in the state of Connecticut after Yale University. The college enrolls 2,300 students and has been coeducational since 1969. Trinity offers 38 majors and 26 minors, and has...
in Hartford
Hartford, Connecticut
Hartford is the capital of the U.S. state of Connecticut. The seat of Hartford County until Connecticut disbanded county government in 1960, it is the second most populous city on New England's largest river, the Connecticut River. As of the 2010 Census, Hartford's population was 124,775, making...
in 1950.
After graduation, Meskill enlisted in the United States Air Force
United States Air Force
The United States Air Force is the aerial warfare service branch of the United States Armed Forces and one of the American uniformed services. Initially part of the United States Army, the USAF was formed as a separate branch of the military on September 18, 1947 under the National Security Act of...
and served for three years during the Korean War
Korean War
The Korean War was a conventional war between South Korea, supported by the United Nations, and North Korea, supported by the People's Republic of China , with military material aid from the Soviet Union...
. He was honorably discharged in 1953 with the rank of first lieutenant
First Lieutenant
First lieutenant is a military rank and, in some forces, an appointment.The rank of lieutenant has different meanings in different military formations , but the majority of cases it is common for it to be sub-divided into a senior and junior rank...
.
Meskill studied at 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....
and the University of Connecticut Law School, where he was editor of the Law Review
Law review
A law review is a scholarly journal focusing on legal issues, normally published by an organization of students at a law school or through a bar association...
, earning an J.D.
Juris Doctor
Juris Doctor is a professional doctorate and first professional graduate degree in law.The degree was first awarded by Harvard University in the United States in the late 19th century and was created as a modern version of the old European doctor of law degree Juris Doctor (see etymology and...
from the latter institution in 1956. He was admitted to the bar
Bar (law)
Bar in a legal context has three possible meanings: the division of a courtroom between its working and public areas; the process of qualifying to practice law; and the legal profession.-Courtroom division:...
and began practicing in New Britain in 1956.
Meskill died in Florida on October 29, 2007, at the age of 79 http://www.journalinquirer.com/site/news.cfm?newsid=18966850&BRD=985&PAG=461&dept_id=161556&rfi=6.
The Law library at the University of Connecticut Law School is scheduled to be named posthumously after Meskill. http://uconnmagazine.uconn.edu/smmr2008/around.html#a13
Political career
In 1958, Meskill made a failed bid for the Connecticut SenateConnecticut Senate
The Connecticut State Senate is the upper house of the Connecticut General Assembly, the state legislature of the U.S. state of Connecticut. The state senate comprises 36 members, each representing a district with around 94,600 inhabitants. Senators are elected to two-year terms without term limits...
. The following year, Meskill ran for the first time for the office of mayor of New Britain, Connecticut, but was defeated by 116 votes.
Meskill served for two years as New Britain's assistant corporation counsel starting in 1960. He then won election and served a term as New Britain's mayor from 1962 to 1964. He was defeated for re-election and also failed in an attempt to win a campaign for Congress that same year.
He served as New Britain's corporation counsel from 1965 to 1966. During 1965, Meskill was also a member of a state constitutional convention
Constitutional convention (political meeting)
A constitutional convention is now a gathering for the purpose of writing a new constitution or revising an existing constitution. A general constitutional convention is called to create the first constitution of a political unit or to entirely replace an existing constitution...
held in Hartford to draft a new Connecticut State Constitution in accordance with a U.S.Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
ruling.
In 1966, during what was otherwise a Democratic sweep of the state, he was elected on the Republican Party
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
ticket to serve as Congressman for Connecticut's 6th congressional district
Connecticut's 6th congressional district
Connecticut's 6th congressional district is an obsolete district. It was created for a short time beginning in 1837 from the State's At-Large District. It was eliminated after the 1840 Census. It was reestablished in 1965 after the At-Large District was eliminated due to the Voting Rights Act of...
. He served in the 90th and 91st Congresses, from January 3, 1967 to January 3, 1971.
In 1970, Meskill ran for and was elected Governor of Connecticut; the first Republican elected to the position since John Davis Lodge
John Davis Lodge
John Davis Lodge , was an American politician, and 79th Governor of Connecticut from 1951 to 1955. He was also an actor and U.S. Ambassador to Spain, Argentina and Switzerland.-Early life:Lodge was born in Washington, D.C....
left office in 1955. He served from January 6, 1971 to January 8, 1975. He was the only Republican party nominee to win an election for Governor in Connecticut between 1950 and 1994.
During his term as Governor, Connecticut went from a budget deficit of $260 million to a surplus of $65 million. He was also involved in the founding of the Connecticut Department of Environmental Protection
Department of Environmental Protection
Department of Environmental Protection is a name used by several states in the United States of America for the agency charged with proposing and enforcing environmental law...
and of the Connecticut Lottery
Connecticut Lottery
The Connecticut Lottery Corporation, also called the CT Lottery, is the official lottery in Connecticut. It was created in 1971 by then-Gov. Thomas Meskill, who signed Public Act No. 865. The first tickets were sold on February 15, 1972. The Connecticut Lottery offers five in-house drawing games...
. He announced he wouldn't seek a second term following severe criticism of his not returning to the state from a skiing trip during a severe ice storm
Ice storm
An ice storm is a type of winter storm characterized by freezing rain, also known as a glaze event or in some parts of the United States as a silver thaw. The U.S. National Weather Service defines an ice storm as a storm which results in the accumulation of at least of ice on exposed surfaces...
in December 1973. In his eulogy, Judge Peter Dorsey said in retrospect "the blizzard was the best thing that happened" to Meskill, since it caused him to pursue a judicial career instead of continuing a career seeking elective office http://www.courant.com/news/custom/topnews/hc-meskill1103.artnov03,0,7198893.story?coll=hc_tab01_layout
Judicial career
In August 1974, PresidentPresident 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, in one of the last acts of his presidency, nominated Meskill to serve as a federal appellate judge for the Second Circuit, comprising Connecticut, New York, and Vermont. The nomination proved controversial and was not acted on by the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
that year. On January 16, 1975, President Gerald R. Ford renominated Meskill to be the 38th judge of the United States Court of Appeals for the Second Circuit
United States Court of Appeals for the Second Circuit
The United States Court of Appeals for the Second Circuit is one of the thirteen United States Courts of Appeals...
, succeeding to seat vacated by John Joseph Smith. The nomination was opposed by many groups including the American Bar Association, which cited his lack of legal experience. Law professors from Meskill's alma mater the University of Connecticut also opposed the nomination stating in a letter to the Senate "it is clear from his record as Governor that he lacks the judicial temperament which might have compensated for his want of experience....As Governor he has repeatedly shown himself insensitive to the rights of the poor and the disadvantaged, and indifferent to civil and political liberties." Nonetheless, Meskill's nomination was confirmed on April 22, 1975, by a vote of 54-36 and he was commissioned to his seat the next day. One year later, however, his most ardent critic,
Lawrence E. Walsh, who, as President of the American Bar Association had led the opposition to
Judge Meskill, publicly admitted his error and called Judge Meskill a “hardworking, able judge.”
Other organizations that had opposed his appointment would also reverse course by honoring his
judicial service. The Connecticut Bar Association awarded Judge Meskill its highest award for
judicial service, the Henry J. Naruk Award, in 1994. In that same year, the Federal Bar Council
recognized Judge Meskill for his “excellence in federal jurisprudence” by awarding him its
Learned Hand Medal. In 1982, the University of Connecticut Law School honored Judge Meskill
with its Connecticut Law Review Award, commending him for his “commitment to public
service” and for the “intellectual honesty and conviction” that characterized his career.
Meskill remained a judge for the rest of his life. He served as the Second Circuit's Chief Judge
Chief judge
Chief Judge is a title that can refer to the highest-ranking judge of a court that has more than one judge. The meaning and usage of the term vary from one court system to another...
from 1992 to 1993. Meskill assumed senior status
Senior status
Senior status is a form of semi-retirement for United States federal judges, and judges in some state court systems. After federal judges have reached a certain combination of age and years of service on the federal courts, they are allowed to assume senior status...
on the court on June 30, 1993, which he retained until his death some 32 years after he took the bench.
Thomas Meskill held memberships in the American Bar Association
American Bar Association
The American Bar Association , founded August 21, 1878, is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. The ABA's most important stated activities are the setting of academic standards for law schools, and the formulation...
, the American Judicature Society
American Judicature Society
The American Judicature Society is an independent, nonpartisan, national organization of judges, lawyers, and interested members of the public whose mission is to improve the American justice system - to "secure and promote an independent and qualified judiciary and fair system of justice." ...
, the Connecticut Bar Association, and the Florida Bar.
Noteworthy Cases
Judge Meskill participated in many influential rulings during his tenure on the Court, including several adopted by the United States Supreme Court. Among his noteworthy rulings,in Barnes v. Jones (2d Cir. 1981), a criminal case, Judge Meskill disagreed with the majority,
stating that appointed counsel should not have to present all non-frivolous arguments requested
by his client. The United States Supreme Court agreed with Judge Meskill and reversed the
Second Circuit majority, holding that an indigent defendant did not have a constitutional right to compel appointed counsel to press non-frivolous points, where, as a matter of professional
judgment, counsel chose not to do so.
Judge Meskill’s dissenting opinion prevailed in two other Second Circuit cases in which
the Supreme Court granted certiorari, Herbert v. Lando (2d Cir. 1977), and Harper & Row
Publishers, Inc. v. Nation Enters. (2d Cir. 1983). In Herbert v. Lando, the majority concluded
that, in a defamation suit brought by a public figure, the First Amendment affords a privilege to disclosure of a journalist’s exercise of editorial control and judgment. Judge Meskill predicted the Supreme Court’s rejection of the majority’s “new constitutional privilege”; the Supreme Court reversed the Second Circuit, affording no absolute privilege to the editorial process of a media defendant in a libel case.
Similarly, in Harper & Row Publishers, the Second Circuit concluded over Judge Meskill’s dissent that the publication of verbatim excerpts from former-President Ford’s unpublished memoir constituted a “fair use” under the Copyright Act, as the excerpts involved important matters of state. The Supreme Court disagreed and again sided with Judge Meskill, concluding that the fact that excerpts were newsworthy did not alone shield the publisher from
copyright liability.