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Photo Rob Phelps
On his last morning on the bench, officers from each of the nine towns, as well as those from the state and environmental police, house of corrections and sheriff’s honor guards, plus Sheriff Cummings himself, lined up in dress uniform to give the judge a formal salute. |
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Photo Lee Bowman
Judge Robert A. Welsh Jr. in his office during a retirement party. |
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Man of the people
Defendants, enforcers alike salute retiring judge
By Robert Phelps
Banner Correspondent
ORLEANS — “He made me feel like a human being,” says one defendant in a case presided over by the recently retired Orleans District Court Judge Robert A. Welsh Jr. even after the judge ruled against him. “He knew I’d change things around in my life, and I proved him right.”
Such sentiments are not uncommon for the Provincetown-born and raised Welsh, who sat at the bench in Orleans overseeing the nine towns from Dennis to Provincetown for 35 years. Appointed in 1973, Welsh holds the record for being the state’s longest-serving district judge. He retired earlier this month, having reached the mandatory retirement age of 70.
“Everyone’s really sad,” says Joan Barrett, judicial secretary, “because it’s been a long time and he’s such a wonderful, wonderful man. He deserves a nice retirement.”
Like many defendants, law enforcement officers also feel a strong sense of gratitude towards the judge. “Everyone respected him so much they wanted to give him a little send-off,” Barrett says. And so on his last morning on the bench, officers from each of the nine towns, as well as those from the state and environmental police, house of corrections and sheriff’s honor guards and Sheriff Cummings himself all surprised the judge by lining up along the front rows of the courthouse in dress uniform to give the judge a formal salute.
“I was completely blown away by that,” says Welsh. “I didn’t know it was coming. But being a bit of a showman, I said [after turning the tables on the officers and thanking them and the other members of the court] ‘would you kindly join me in honoring America by pledging allegiance to the flag.’ They never put you in jail for pledging allegiance to the flag. Afterwards, I found out that one of the officers had written out something to say, but he never got to say it because of [my speech]. Well that’s the risk of trying to surprise somebody with something like that.”
He minces no words when asked how so many folks of all stripes have come to hold his courtroom in such high esteem. “I like people,” he says. “A lot of people ask me what attributes a successful judge should have. They talk about integrity, legal learning, dignity, but I say that you’ve got to like people. You’ve got to understand their strengths and weaknesses. You’re in a business where obviously you can’t please everybody, but one thing you can do, you can treat everybody with respect and dignity, and often times that’s reflected back on you.”
Welsh credits his father and grandfather for passing this philosophy to him. Judge Walter Welsh presided over the same court from 1914 to 1933, as did Judge Robert A. Welsh Sr. from 1933 to 1973. His son, too, Robert A. Welsh III, sits in Fall River, New Bedford and sometimes Orleans. In fact, he shared the bench with his father on the day of the salute. At 10 years old, grandson Robert A. Welsh IV may be too young to form much legal opinion, but the verdict is still out on his future career.
Public service is a family trait. Welsh’s son James is a probation officer in Falmouth, where, his father says, “he helps to rehabilitate people that run amuck in their lives as well as in the criminal justice system. There’s no more laudable thing than to try to reach out and help another human being who’s struggling or in trouble.”
His daughter, Anastasia Welsh-Perrino, is about to throw her hat in the political ring and run for the elected position of registrar of probate for the Barnstable Probate Court. A lawyer herself, she is currently assistant registrar there. “She’s a mom with two kids,” says Welsh, “and that’s pretty damn good to be willing to roll up your sleeves and do something like that. I really applaud her.
“I like to see young people get involved in politics,” he adds. “I think it’s the only way to keep the system viable and strong.”
Years ago, as a youngster himself, he recalls watching Norman Mailer on trial for behavior that stemmed from copious consumption of spirits. “It was an absolute riot,” he said. “E.J. Kahn wrote it up in The New Yorker and described the judge [for the record, not Welsh’s father] as a Cape Cod Yankee with skin the color of salted cod. And every time the officer who arrested Norman was questioned, he seemed more interested in looking down at his boots than up to face the question. It was a great piece of writing and just perfect,” says Welsh, who was there to witness and confirm the whole thing.
“Somebody said you ought to write yourself about some of the funny things that happened in your court over the last 35 years,” says Welsh, “but it was my dad who was blessed with a lot of funny, well-known people in his court, in his days. Marlon Brando, Jane Fonda, Gregory Peck. I missed all that.”
“I used to hear my father and grandfather tell stories about the Prohibition era on Cape Cod and some of the exciting things that happened then,” he says. “You know, I always get a kick out of somebody who comes to town and says there’s an awful lot of contraband on Cape Cod. I say, Cape Cod was built on contraband. During the Revolutionary War we were smuggling goods to avoid taxes from England. During Prohibition we smuggled in more rum and moonshine than any place else. Starting in the ’60s, well, it was contraband of a different nature.”
His words of wisdom for new judges? “Be yourself,” he says. “I think it’s a mistake for a judge to try to adopt or take on the persona of another judge or another personality. I know it’s simple, but it’s often overlooked. Usually attempts to be something other than you are fail, and it’s certainly true in this business. There’s no reason why you can’t conduct a court with dignity and respect and still be natural.”
A self-avowed “people person,” it’s no wonder that Welsh is attracted to more public service upon his retirement. First, he plans to take a couple of months off to consider his options. “I had a little gig down at the community college during the fall semester teaching business law and I liked it. Ideally, I’d like to have a situation where I can contribute something, and at the same time find plenty of time to take off and be with my wife, Natalie, and maybe do a few things while we still enjoy good health.”
Among his many previous civic contributions, he was the first executive director of Legal Services of Cape Cod & Islands, Inc., a community action committee that provided legal representation and services to people unable to afford lawyers or otherwise access the legal system. He was a founding member of the Nauset Workshop, now called Cape Abilities, which helps the mentally and physically disabled with work, housing and transportation. He has also served as town counsel for Provincetown, Dennis and Mashpee, and has stories aplenty, especially from his Provincetown days, which clearly refutes his claim of having too little great material for a book or two.
Welsh says he considers his 35 years on the bench in Orleans “the great delight of my life. Outside of my wife and family,” he says, “probably the best thing that ever happened to me was this job. I’ve loved doing it, and frankly I’m sorry that it’s over. But on the other hand I realize that I’m getting older and it’s probably time for me to go. Not to say that that’s the end of life. I’m going to have to try to figure out a way to best use the rest of my life. That’s what I’m working on now.”
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Feb 21st, 2008