Frank G. Mahady
Frank G. Mahady (March 31, 1939 – August 18, 1992) was a Vermont attorney and judge. He was appointed to the Vermont Supreme Court in 1987, but never confirmed by the Senate; he withdrew his confirmation request on April 3, 1988.
Early life
Frank Gordon "Skip" Mahady was born in Taunton, Massachusetts on March 31, 1939, the son of Frank D. and Doris (Potter) Mahady.[1] He was raised in Hartford, Vermont, and graduated from Hartford High School in 1957.[1] As a boy, Mahady crushed a hand between two train cars while playing in the railroad yards of White River Junction.[2] As a teenager, he lost an eye to an accident with a BB gun.[3] He received his bachelor's degree (with honors) from Dartmouth College in 1961,[4] and his law degree (second in his class) from Georgetown University Law Center in 1964;[4] Patrick Leahy was one of Mahady's law school classmates.[3]
Start of career
Mahady was admitted to the bar in 1964, and practiced law until 1967.
From 1969 to 1972, Mahady served as
Judicial career
In 1982, Mahady was appointed a judge of the Vermont District Court.[7] In 1984, Vermont authorities carried out raids against the Northeast Kingdom Community Church, and seized more than 100 children on the grounds of suspected child abuse.[10] The state attempted to maintain custody of the children, even though there was scant evidence of wrongdoing by their parents.[10] In response, Hayes, then serving as the state's administrative judge, assigned Mahady to hear motions.[10] Mahady conducted 40 hearings in one day, determined that there was insufficient evidence of child abuse, and ordered the children returned to the custody of their parents.[10]
Later in 1984, Mahady presided over the trial of protesters—the "Winooski 44"—who had occupied the Winooski office of Senator Robert Stafford to protest U.S. involvement in civil wars and insurgencies in Central America, and refused to leave until Stafford agreed to hold a public meeting to discuss the topic.[11] Mahady allowed 26 of the defendants to employ the necessity defense.[11] Necessity enabled the defendants to argue that they broke the law by occupying Stafford's office as a way to draw attention to the larger supposed crimes associated with U.S. activities in El Salvador and Nicaragua.[11] The trial ended with acquittals of all 26 defendants.[11]
Mahady's support for individual liberties earned him nicknames including "Freedom Frank"—a compliment from his admirers,[12] and an epithet from his detractors, who argued that he treated defendants too leniently.[13] While serving as a district court judge, Mahady moved to Essex Junction, Vermont, where he resided for the rest of his life.[1]
Supreme Court nomination
In August 1987, Governor
Later career
Despite the controversy over his finances, Mahady's reputation for personal integrity remained largely intact, and he was able to continue his judicial career.[19] He returned to his seat on the Vermont District Court, and in 1989 he was appointed to a second seven-year term by the Vermont General Assembly.[20] The vote was 108 to 60, an unusually high number of "no" votes from legislators,[20] but in response to questionnaires from the legislature's Joint Judicial Retention Committee, more than 95 percent of the attorneys who practiced before Mahady recommended that he be retained, as did nearly 80 percent of police and probation officers who appeared in his court.[21]
Death and burial
Mahady was diagnosed with intestinal cancer in 1988.
Legacy
The courthouse in Middlebury was constructed in 1995-96, and was named for Mahady.[23]
Family
After his first marriage ended in divorce, in 1967, Mahady married Sheryl (Sherry) Symmes in Norwich, Vermont;[24] his best man was Patrick Leahy.[3] Frank and Sherry Mahady were the parents of two daughters, Shannon and Tara.[3]
References
- ^ a b c "Obituary, Frank Gordon Mahady", p. 12.
- ^ a b "Civil Libertarian Dies of Cancer at 53 (Continued)", p. 2.
- ^ a b c d e f g "In Memoriam, Frank Gordon Mahady".
- ^ a b "Mahady File", p. 2.
- ^ a b c d The Vermont Encyclopedia, p. 194.
- ^ "Mahady Will Resign as Co-Cordinator of Romney Committee", p. 5.
- ^ a b "Hartford Lawyer to Fill Court Vacancy", p. 3B.
- ^ a b c "Conduct Board Clears Attorney Frank Mahady", p. 2B.
- ^ "Judge Rules Ex-Public Defender Broke Law by Accepting Payment", p. 3B.
- ^ a b c d "Secrets from Island Pond's Chilling Raid".
- ^ a b c d "Stafford Sit-In Defendants Cleared", p. 1.
- ^ "Senate Rejection of Mahady Would be Ironic", p. 1B.
- ^ a b c "Judge Mahady Dies at 53", p. 1.
- ^ a b "Mahady Gets High Court Nod", p. 1.
- ^ "Mahady Career", p. 8.
- ^ "Mahady Inquiry Expanded", p. 1.
- ^ "Mahady Withdraws Name", p. 1.
- ^ "High Court Seat Goes to Morse", p. 1B.
- ^ "A Few Last Words on the Mahady Nomination", p. 9.
- ^ a b "Cashman, Mahady Retained on Bench", p. 1B.
- ^ "Judge Asked About Payment", p. 2B.
- ^ "Memorial, Frank Gordon "Skip" Mahady".
- ^ "The Village Tour".
- ^ "Vermont Marriage Records, 1909-2008".
Sources
Internet
- Dartmouth College Class of 1961 (2011). "In Memoriam, Frank Gordon Mahady" (PDF). dartmouth.org/. Hanover, NH: Dartmouth College.
{{cite web}}
: CS1 maint: numeric names: authors list (link) - Destromp, Barb (July 18, 2008). "Memorial, Frank Gordon "Skip" Mahady". Find A Grave. Provo, UT: Ancestry.com, LLC.
- "Vermont Marriage Records, 1909-2008, Entry for Frank G Mahady". Ancestry.com. Provo, UT: Ancestry.com, LLC. September 16, 1967.
- Andres, Glenn M.; Callahan, Anne. "The Village Tour". A Walking History of Middlebury. Middlebury, VT: Middlebury College. Retrieved August 27, 2017.
Newspapers
- "Mahady Will Resign as Co-Cordinator of Romney Committee". Bennington Banner. Bennington, VT. United Press International. November 25, 1967.
- "Conduct Board Clears Attorney Frank Mahady". Burlington Free Press. Burlington, VT. February 23, 1977.
- "Judge Rules Ex-Public defender Broke Law by Accepting Payment". Burlington Free Press. Burlington, VT. Staff, Wire Reports. November 10, 1978.
- "Hartford Lawyer to Fill Court Vacancy". Burlington Free Press. Burlington, VT. Associated Press. August 31, 1982.
- Schoch, Deborah (November 17, 1984). "Stafford Sit-In Defendants Cleared: 'Necessity Defense' Accepted by Jurors". Burlington Free Press. Burlington, VT.
- Karvelas, David (August 14, 1987). "Mahady Gets High Court Nod". Burlington Free Press. Burlington, VT.
- Allen, Susan (March 24, 1988). "Mahady Inquiry Expanded: Ex-Employees Agree Mahady Not Attentive". Burlington Free Press. Burlington, VT.
- Karvelas, David (March 28, 1988). "Senate Rejection of Mahady Would be Ironic". Burlington Free Press. Burlington, VT.
- Karvelas, David (April 1, 1988). "Mahady Withdraws Name". Burlington Free Press. Burlington, VT.
- "Mahady Career". Burlington Free Press. Burlington, VT. April 1, 1988.
- Karvelas, David (April 4, 1988). "A Few Last Words on the Mahady Nomination". Burlington Free Press. Burlington, VT.
- Kirka, Danica (September 14, 1988). "High Court Seat Goes to Morse". Burlington Free Press. Burlington, VT.
- Arabas, Jill (March 16, 1989). "Judge Asked About Payment". Burlington Free Press. Burlington, VT. Associated Press.
- Donoghue, Mike (August 19, 1992). "Judge Mahady Dies at 53". Burlington Free Press. Burlington, VT.
- Liley, Betsey (April 7, 1989). "Cashman, Mahady Retained on Bench". Burlington Free Press. Burlington, VT.
- "Mahady File". Burlington Free Press. Burlington, VT. August 19, 1992.
- Donoghue, Mike (August 19, 1992). "Civil Libertarian Dies of Cancer at 53 (Continued)". Burlington Free Press. Burlington, VT.
- "Obituary, Frank Gordon Mahady". Burlington Free Press. Burlington, VT. August 19, 1992.
- Smith, Robin (August 4, 2017). "Secrets from Island Pond's Chilling Raid: Kilmartin Shares Remembrances Of One Man's Role In The Hearings After The Raid". Caledonian Record. St. Johnsbury, VT.
Books
- Duffy, John J.; Hand, Samuel B.; Orth, Ralph H. (2003). The Vermont Encyclopedia. Hanover, NH: University Press of New England. ISBN 978-1-58465-086-7.