Judge Gerald L. Alch
A former law partner of noted criminal defense attorney F. Lee Bailey, Judge Gerald L. Alch has seen his fair share of high-profile cases. And though it was “an exciting way of life,” Alch insists he does not miss his private-practice days. “After 34 years of cases, some of which were very highly celebrated in the media, I’ve sowed my wild oats as an attorney,” he told Lawyers Weekly’s Henriette Campagne during a recent interview in his Dedham chambers.
Born: Feb. 28, 1933; Boston
Education: Harvard University, 1954; Boston University School of Law, 1957
Judicial appointment: District Court (circuit), by Gov. Michael S. Dukakis, 1990; Dedham District Court, by Gov. William F. Weld, 1996
Professional experience: Law Offices of Irving H. Sheff, 1957-1958; private practice, Tucson, Ariz., 1961-1964; Law Office of Benjamin Gargill, 1965-1968; Bailey, Alch & Gillis, 1968-1974; Law Office of Gerald Alch, 1974-1990; adjunct professor, New England School of Law
Outside interests: Films
Q. Is it true that you’re a former stand-up comedian who once appeared on a Bob Hope special?
A. I worked my way through college and law school as a stand-up comic. I was on one of Bob Hope’s annual Christmas shows when I was in the Air Force. Every once in a while they’ll have a retrospective of Hope and will include some of that Air Force Academy show. And more often than not they’ll show a little bit of that skit. You can see me sitting there — no lines, just a member of the court-martial in the skit.
Q. Do you ever use humor as a tool when you’re on the bench?
A. I don’t know if “use” is the right word because it comes naturally. … I find a great diffuser is to try to inject some type of levity — not to veer away from the legal issues at hand — but to diffuse any mounting antagonism that one lawyer may have for his opponent. We’re not talking about joke-telling here. We’re talking about a humorous, light-hearted remark to break unnecessary tension.
Q. From 1968 to 1974, you practiced law with F. Lee Bailey. What was it like working with him?
A. It was a combination of many things. It was exhilarating. It was educational. It was an exciting way of life. He was the foremost criminal attorney in the country at the time. People were coming from all over the country to seek his representation and I was his right hand, so to speak.
Q. Do you think that as a former defense lawyer you may empathize more with defendants than the state in criminal prosecutions?
A. No, and I’ll tell you why. When I first began as a defense attorney, I was way over on one side of the scale. As the years went by, I found myself moving more to the middle — toward the moderate range. And I took note of the fact that my contemporaries on the prosecution side were making the same slow but inevitable transition. We were growing up. We were becoming more mature, more responsible. So when I took the bench, I found myself being able to appreciate and weigh both sides of the presentation because of my experience. You can’t kid a kidder.
Q. You recently recused yourself from the Edward O’Brien murder trial. Is a motion to recuse a judge being used as a weapon by attorneys more now than before?
A. I don’t believe there’s been an increase in motions to recuse as a practical matter. … An attorney has a right to make such a motion if he feels justified in doing so. I would never take it personally because all the attorney is doing is his job as he sees fit and in the best interest of his client. If he sees a conflict … he’d be remiss in not asking me to recuse myself. I’ve never been asked to recuse myself. I wasn’t asked in the O’Brien case. … I did it reluctantly because frankly I was really looking forward to it. It would have been like a throwback to my old days as an attorney.
Q. You were in the U.S. Air Force from 1958 to 1961, serving as lieutenant and ultimately captain in the Judge Advocate General Department. How valuable was that to you later in your career?
A. It was very valuable. I went right from law school into the Air Force, so being a defense attorney in court-martial proceedings was the first experience I had as a litigating attorney. Even though it was slightly different than what I would later come to do as a civilian, it still introduced me to criminal trial work, criminal defense work, a jury and the rules of evidence. So it was a tremendous start.
Q. You were in private practice until you were appointed to the bench in 1990. Do you ever miss that phase of your career?
A. The answer is no. There are times when I see an attorney fail to seize upon what I think is a very, very important issue in the case and I simply have to restrain myself. At the same time, there are positive experiences where I’m very, very impressed by the performances of the attorneys. What I’m trying to say is I’m in the same room, only sitting in a different seat.
Q. Is there any advice you can offer members of the bar who may appear before you?
A. Simply act courteously. That comes under the heading of being a professional. I start that ball rolling by addressing attorneys with courtesy. I’ve never had that backfire on me. … We’ve been taught the powers of contempt. If I ever have to hold an attorney in contempt as a method of maintaining order in my courtroom, I would seriously consider resigning from the bench, because to me it would represent a failure on my part to be a judge.
