A Tribute to Honorable Matthew Joseph Jasen, (1915-2006) Court of Appeals (1968-1985)

The son of Polish immigrants, Judge Matthew J. Jasen was born in Buffalo, New York, on December 13, 1915. As an adult, rose quickly to prominence in Buffalo legal circles. His many honors include recognition by Canisius College as one of its most distinguished alumni, and receipt of the Distinguished Alumnus Award from the University at Buffalo Law School. (1) In addition to serving on the New York State Supreme Court for ten years, was an Associate Judge of the New York Court of Appeals for eighteen, during which time authored more than 429 majority and 284 dissenting opinions. But Judge Jasen's legacy is not about accolades, titles, and impressive numbers; it is about his well-reasoned, honest, commonsense jurisprudence that embodied his genuine concern for basic human rights and the need to extend the law's protection to those least able to protect themselves. Judge Jasen worked as a postal clerk in his youth to help his family through difficult times during the Great Depression. While his humble, industrious upbringing may have shaped his egalitarian mindset when it came to the practice of law, it was his tenure in Germany as a military judge in the 1940s, and as a civilian judge there afterwards, that solidified it. In Germany, Judge Jasen witnessed the brutality and horrors of the Holocaust first-hand. The carnage and evil that corrupt government power can inflict upon its citizens when left unchecked by the judiciary made an indelible impression on him. During his retirement ceremony remarked: Never in the history of mankind were so many innocent men, women and children singled out for persecution and destruction by one man and his followers. This spectacle of human evil unleashed upon the world was officially sanctioned by the Nazi government--and the courts of that country enforced this reign of terror. ... I was shocked to learn that the judicial branch of that government acquiesced in this spectacle of human evil. Recognizing the moral consequences of judicial action, as well as inaction and silence, I resolved, then and there, to do my part to insure that our judiciary remained strong, and dedicated to government in accordance with the rule of law and not man. It is fidelity to the rule of law which has served, for 28 years, as the foundation of my judicial faith. (2) While Judge Jasen returned to private practice in Buffalo in 1948, his ultimate destiny lay on the side of impartial justice. In 1957, Governor W. Averell Harriman would appoint him to the New York State Supreme Court, where presided for the next 10 years. During that time [h]e was a well-regarded trial justice who treated lawyers and their clients with thoughtfulness and respect. (3) Judge Jasen's noteworthy and energetic tenure in the New York State Supreme Court would prove to be a harbinger of great things to come. He was elected to the New York Court of Appeals in 1967 after receiving the support and endorsements of all four of the major political parties. His eighteen years on the court were marked by high industry and impeccable integrity. (4) Given the energy with which served the court and his penchant for a challenge, it is not surprising he would be a leader, and often the leader, in number of opinions authored. (5) Today, Judge Jasen's opinions are regarded as models of clarity, scholarship, and independence of thought, (6) and his unpretentious style of writing is remembered for allowing the reader to grasp at a glance the significance of the case. (7) Statistically speaking, dissented no more frequently than other members of the court. (8) But when did, stated his reasons in an easily discernable and persuasive manner. As a colleague once observed: Perhaps more than any other judge on the court, was reluctant, if differed with the majority, to let his difference pass unwritten. …