Almanac of the Federal Judiciary: Published Comments About Judge Alfred J. Lechner, Jr.
Alfred J. Lechner, Jr.
D. N.J.
District Judge; New Jersey
Born 1948; appointed in 1986 by President Reagan

Education: Xavier Univ., B.S., 1969; Univ. of Notre Dame, J.D., 1972, law review (Note and Comment editor)
Military Service: U.S.M.C.R., Lt. Col.
Private Practice: Cadwalader, Wickersham & Taft, Associate, 1972-1975; Mackenzie, Welt, Duane & Lechner, 1975-84
Government Positions: Special Counsel in the Department of Law, Elizabeth, N.J., 1975-76
Previous Judicial Positions: Superior Court of New Jersey, 1984-86
Professional Associations: Fellow American Bar Foundation; Assn. of the Federal Bar of the State of New Jersey
Publications: National Banks and State Anti-Redlining Laws: Has Congress Preempted the Field?, 99 BANKING L. J. 388 (1982); The Drawer's Negligence: A Powerful but Underutilized Defense in Forged Check Cases, 15 U.C.C. Law J. 291 (1983); 220 Published Opinions

Noteworthy Rulings: 1988: Ruled to decertify the class in the nation's largest age discrimination case, brought by 1,325 former Xerox employees. The plaintiffs alleged that Xerox had a policy to replace older employees with younger, less experienced, and lower paid workers from 1980 to 1983. If the plaintiffs had maintained the class certification, Xerox would have had the burden of proving that each of the 1,325 former employees was not discriminated against. Lechner's ruling means that each employee must refile individually. Lechner, deciding that the plaintiffs did not have enough in common to support a class action, stated: "Other than the allegations of plaintiffs concerning violations of the Age Discrimination in Employment Act, their former or present status as Xerox employees and their age group, there is no commonality." Lusardi v. Xerox Corp., 122 F.R.D. 463 (D.N.J. 1988), National Law Journal, Nov. 30, 1988 at 10.

1993: Lechner ordered a New Jersey law firm to stay in a cigarette-liability case despite the firm's argument that the litigation was financially onerous. The law firm of Budd Larner Gross Rosenbaum Greenberg & Sade was enlisted to sue five cigarette companies on a contingency-fee basis. The case was one of eight litigated by the firm which included the case of Rose Cipollone, which resulted in the only verdict against a tobacco company, though it was overturned on appeal. The firm argued that the "amount of recovery against the tobacco industry is likely to exceed the costs," and there is a "public interest in refraining from---or discontinuing---suits that have no economic viability." Lechner rejected the economic argument and said the plaintiff was entitled to representation. "Simply put, Budd Larner is ill at ease because the contract it made may not be lucrative, as it hoped at the time the contingency-fee agreement was formed," Lechner wrote in the opinion. Lechner took over the case after the Third Circuit removed the presiding judge, District Judge H. Lee Sarokin who, criticized the tobacco industry in his opinions. New York Times, January 29, 1993

1996: Lechner sentenced a member of the Lucchese crime family to ten years in prison. In sentencing Thomas Ricciardi, who admitted to conspiring to commit nine murders, Lechner noted that the defendant cooperated with Federal authorities in prosecuting members of other crime families. Two other organized crime defendants were sentenced to 25 years each. New York Times, April 13, 1996

1996: Lechner presided over the high-profile trial of Nicholas L. Bissell, a former Somerset County Prosecutor who was convicted of mail fraud, embezzlement and abuse of power. Upon conviction, Lechner revoked Bisell's $200,000 bail and order him jailed immediately. Lechner said that Bissell's conduct was "contrary to trustworthiness." Several days later, the chief psychiatrist at the Federal prison examined Bissell and appealed to Lechner for his release so he could spend his remaining weeks of freedom with his wife and two children. Lechner released Bissell on a $300,000 property bond and ordered him placed under house arrest, except for pre-approved visits to his doctor, church and lawyer. Two days before he was to appear in court for sentencing, Bissell removed the electric bracelet that was supposed to monitor his confinement at home, disappeared in his car, and was declared a fugitive from justice. Lechner ordered the forfeiture of the four properties Bissell had posted as bond. New York Times, November 19, 20, 1996. Bissell later commited suicide.

1997: Lechner was selected to preside over a challenge to New Jersey's Megan's Law. New Jersey's Office of the Public Defender filed suit on behalf of eight paroled sex offenders, including a 13-year-old boy, to bar the state from alerting community groups about their presence. The suit differed from other attempts to overturn Megan's Law because it dealt with offenders who were charged after the state legislature enacted the law. Lechner found the law to be constitutional. The Public Defender asked Lechner to close his court during legal arguments and conduct proceedings in secret. Lechner refused the request, saying it was "absolutely imperative" that his court remain open to the public during hearings. New York Times, April 9, 1997

1999: Lechner sentenced John Mathewson to five years probation, 500 hours of community service and fined him $30,000. Mathewson, an American who at one time offered his Cayman Island bank for the purposes of money laundering, was charged in connection with an investigation into cable television piracy. As part of a plea bargain, Mathewson turned over bank records to prosecutors and helped the government recover $50 million in back taxes and penalties. Mathewson faced up to five years in prison, but received a number of requests for leniency from prosecutors. Lechner noted that had it not been for his cooperation, "I would have put you in prison for the maximum sentence." New York Times, August 3, 1999

Media Coverage: 1996: Known by attorneys as a hard worker who arrives at his chambers at 6:00 a.m., Lechner drew publicity when he was selected to preside over the Federal corruption trial of Nicholas L. Bissell, a former Somerset County Prosecutor. Bissell was charged with lying to his partner in a gasoline station about the station's profitability and failing to pay federal income tax on the illegal income. Lechner's appointment to the case was considered a possibly unlucky draw for the defendants because of the strict manner in which he runs his courtroom. The Newark Star Ledger profiled Lechner in connection to the high-profile case. The article describes Lechner as an industrious judge who runs a tight courtroom. Lawyers interviewed for the article said that Lechner expects attorneys to be prompt and prepared in his courtroom. Several attorneys attributed Lechner's courtroom style to his military background. The article refers to him as a "dedicated U.S. Marine reservist." But lawyers who have appeared before Lechner said that, while his reputation as a "tough guy" may be warranted, he is a good judge to appear before. Attorney Thomas Ashley noted, "Your first impression is that he is a tough guy, and he is. But he is fair, too, and you can't really ask for more than that from a judge." Another attorney said he would give Lechner "the highest grades" for the qualities most important in a judge--"integrity, decisiveness and fairness." Newark Star Ledger, April 14, 1996

Lawyers' Evaluation: Lawyers said that Lechner has outstanding legal skills. "He is one of my favorite judges in the world. He is a genuine scholar and a real intellectual." "He is an excellent judge." "He has an excellent level of ability." "He is a very precise, demanding judge who does a fabulous job." "I give him an A. He likes working on intellectual property and patent matters." "I rate him very highly." "I think that he is an excellent judge." "He is first-rate." "He has a very high level of ability. His greatest strength is his predictability." "He is very bright." "He has an excellent level of ability. His strength is that he's very organized." "He deserves first-rate rankings. He's intelligent, he's prepared, and he has excellent writing skills. I can't think of anything bad about him." "He has an extremely high level of ability." "He is a good, smart judge." "He is a very bright guy." "He has a very high level of ability." "I value him for his predictability, his evenhandedness, and his knowledge of the rules of evidence and of substantive law." "His legal ability and his ability to preside over a trial are excellent." "He's reasonably bright." "He is an interesting jurist. He has a good level of ability. He works hard, and he's smart." "He is a very hard worker."

Lawyers said Lechner is polite, but firm. "He is very polite." "He expects the ultimate in decorum and graciousness. Judge Lechner expects prepared advocacy from both plaintiffs' and defendants' attorneys." "He has a good sense of humor." "He has a fine temperament. I've appeared before him on a number of occasions, and he has treated me courteously." "It is very important to him that everything run very smoothly. He commands respect from attorneys." "He treats lawyers very fairly. He can be tough on people, but if you are prepared, you won't have a problem." "He is fine with lawyers if they are prepared. Some lawyers have problems with him because they're not prepared." "I rate him very highly for his judicial temperament. Most of the criticism of him comes from lawyers who were unprepared or who don't want to play by the rules. If you do want to play by his rules, things move very swiftly." "When people appear before him, they usually love the guy because he moves his cases. Just don't misrepresent yourself, be prepared, and be on time, and he'll be no problem." "He expects lawyers to be as prepared as he is, and he is entitled to that position." "He sometimes cuts you short, but if you are a litigator with a complex matter and you are prepared and you know what you are doing, he'll be fine. Moreover, you won't be hampered by inconsistencies or vagaries that you find with some other judges." "He's very good to lawyers. He becomes upset if you are late or if you lie to him." "He is hard on people who are not prepared."

Lawyers appearing before Lechner should brush up on the Federal rules, according to attorneys interviewed. "Judge Lechner is a stickler for compliance with the rules. Otherwise, he's no problem." "If you follow rules of evidence and follow all other procedural requirements, you should be in good shape." "He sticks to discovery rules very closely. You have to get your case prepared in a very short period of time. But, he can be flexible when he's given the chance." "It is not an understatement to say that he really has an encyclopedic knowledge of the Federal Rules of Evidence. He is very prompt with all his calls." "He adheres to detail, to the rules of Federal courts, and to the Federal Rules of Evidence." "He is a little inflexible when it comes to rules. If you're not up to the task with respect to all of the rules, you may have a hard time before Judge Lechner. If you are competent, you will get along just fine."

Lechner's courtroom is fast-paced, lawyers said. "Judge Lechner is an outstanding trial judge. His courtroom is one of my favorites to appear in. He is a disciplinarian and will tolerate no nonsense from lawyers. The effect of that approach is that a lot of the nonsense drops out of a case, which saves everybody time and money. Ridiculous motions and meaningless paperwork are not tolerated. Judge Lechner gives you disciplined timelines. From the minute you walk into his courtroom, your attention will be riveted on trial. You'll get to trial fast. He saves everybody a fortune on legal fees." "If you are prepared, you get swift and good justice. He is a workaholic. He's in chambers at 6:00 a.m." "His weakness is that he gets to work too early." "He runs a very tight ship." "He runs a trial well." "He is very decisive." "He runs a very tight ship. He tolerates no abuses of the discovery process. He tolerates no abuses by one party against the other." "He is known principally for the fact that he runs New Jersey's version of the rocket docket." "He is the most prompt of all of the judges in the district. He may have the shortest list of any Federal judge. He moves his cases." "He rules quickly. He's very hard working. Things proceed very quickly with him." "He handles his docket expeditiously. If you're ready to go, you'll be fine. If you're not ready, you won't be fine and he may have a problem with you."

Lawyers noted that Lechner tends to write long opinions. "He is smart and hard working. His written opinions tend to be long, but they lay out for the purposes of the record exactly where he stands. There is no ambiguity or doubt as to where he stands." "He writes long opinions."

Lechner does not take an active role regarding settlement, most lawyers said. "He leaves settlement to his magistrate." "He doesn't really take part in settlement." "He is not active on settlement." "He leaves settlement to his magistrate. He and the magistrate work really well together." "He seldom gets involved in settlement discussions. He feels that if something's not resolved by the time it gets to him, it would be a waste of time to try to broker a deal. Yet, he sometimes does become actively involved in settlement." "As a general rule, he doesn't actively pursue settlement himself, but he will ask the attorneys to pursue it." "You deal with his magistrate, who is excellent at settling cases. Sometimes Lechner will become active in settlement, but he leaves it mostly to his magistrate." "He has no involvement with settlement." "He pushes settlement, and he's effective at it." "He is very effective at settlement."

Plaintiffs' attorneys said that Lechner is conservative, but fair. "He is very evenhanded, although he is tough on both sides. He makes everybody get ready and present their case." "He is among the more conservative members of the bench." "He is at least perceived to be on the more conservative side." "He has no orientation." "He is right down the middle." "He has no bias."

Civil defense lawyers said that Lechner is impartial. "He shows no bias." "He is completely fair." "I didn't feel that he had bias one way or the other. He listens to both sides." "He is absolutely fair-minded." "He has no orientation. He shows absolutely no preferences." "He has no orientation. He rules straight down the middle." "He has no bias." "In my experience, his demanding standards operate to the advantage of defendants. Plaintiffs can't get away with all the B.S. they get away with before other judges."

Criminal defense lawyers said that Lechner is neutral-to-prosecution-oriented. "He has no orientation. He calls things as he sees them. Some judges will reflexively make calls going to the government, and Judge Lechner doesn't do that." "He puts fear into everybody, including prosecutors. I think he's fair, though." "He's very pro-government." "He is decidedly pro-government."

Lawyers said Lechner can be tough on sentencing. "He follows the guidelines on sentencing." "He can be a very tough sentencer."

Miscellany: Lechner's rule with regard to dispositive motions was adopted as Local Rule 7(f), Appendix N.

Reprinted with the permission of CCH Incorporated, (c) 2001.