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Records of the Office of Counsel to the President (Reagan Administration)
John Roberts' Subject Files
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Ronald Reagan Presidential Library
Digital Library Collections
This is a PDF of a folder from our textual collections.
Collection: Roberts, John G.: Files
Folder Title: JGR/Supreme Court
(5 of 7)
Box: 52
To see more digitized collections visit:
https://reaganlibrary.gov/archives/digital-library
To see all Ronald Reagan Presidential Library inventories visit:
https://reaganlibrary.gov/document-collection
Contact a reference archivist at: [email protected]
Citation Guidelines: https://reaganlibrary.gov/citing
National Archives Catalogue: https://catalog.archives.gov/
Call Clegg:
Set all on Anter-
circuit Tribural
and speeches AG
gave on case load
problem. send
together with
statement in file
attached to zarilli.
(JGR ashed me to
maturals/loged
get the attached
and forward
to you!)
aca
MEMORANDUM
OF CALL
Previous editions usable
TO:
John
YOU WERE CALLED BY-
YOU WERE VISITED BY-
OF
(Organization) Vinient Barilli
FTS
AUTOVON
PLEASE 67/723-7163 PHONE
WILL CALL AGAIN
IS WAITING TO SEE YOU
RETURNED YOUR CALL
WISHES AN APPOINTMENT
MESSAGE
nate Count of
appeals letter
to Dr. F3 in lady
RECEIVED BY
DATE
TIME
llea
1130
9:05
63-110 NSN 7540-00-634-4018 STANDARD FORM 63 (Rev. 8-81)
Prescribed by GSA
* U.S.G.P.O.: 1984-421-529/326
FPMR (41 CFR) 101-11.6
MEMORANDUM
OF CALL
Previous editions usable
TO:
John Roberts
YOU WERE CALLED BY-
YOU WERE VISITED BY-
Hencent Zarrilli
OF (Organization)
PLEASE PHONE
FTS
AUTOVON
617-723-7163 (tomorrow)
WILL CALL AGAIN
IS WAITING TO SEE YOU
RETURNED YOUR CALL
WISHES AN APPOINTMENT
MESSAGE
today after 4 617-523-9210 call
re: lether an (84-12-10)
"nate Court ap
appeals
RECEIVED BY
DATE
TIME
NB
1-28
11:10
63-110 NSN 7540-00-634-4018 STANDARD FORM 63 (Rev. 8-81)
U.S.G.P.O.: 1983 -421-529/321
Prescribed by GSA
FPMR (41 CFR) 101-11.6
280418
ID #.
CU
JV
-
WHITE HOUSE
FB051
CORRESPONDENCE TRACKING WORKSHEET
O OUTGOING
H INTERNAL
I INCOMING
Date Correspondence
Received (YY/MM/DD)
/
/
Name of Correspondent:
Vincent F. Zarrilli
MI Mail Report
User Codes: (A)
(B)
(C)
Subject: national Inut of arpeale
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
Completion
Action
Date
of
Date
Office/Agency
(Staff Name)
Code
YY/MM/DD
Response
Code
YY/MM/DD
W Holland
$2
ORIGINATOR
84/1/2010
/ /
Referral Note:
WAT18
D 8411211111
58/12/21
Referral Note:
/ /
/ /
Referral Note:
/ /
/ /
Referral Note:
/ /
/ /
-
Referral Note:
ACTION CODES:
DISPOSITION CODES:
A- Appropriate Action
I . Info Copy Only/No Action Necessary
A Answered
C Completed
C - Comment/Recommendation
R - Direct Reply w/Copy
B - Non-Special Referral
S Suspended
D - Draft Response
S. For Signature
F - - Furnish Fact Sheet
X - Interim Reply
to be used as Enclosure
FOR OUTGOING CORRESPONDENCE:
Type of Response = Initials of Signer
Code = "A"
Comments: Secto
Completion Date = Date of Outgoing
Keep this worksheet attached to the original incoming letter.
Send all routing updates to Central Reference (Room 75, OEOB).
PRESERVATION COPY
Always return completed correspondence record to Central Files.
Refer questions about the correspondence tracking system to Central Reference, ext. 2590.
5/81
VINCENT F. ZARRILLI
Box 101, Hanover Station
Boston, Massachusetts 02113
November 30, 1984
280418 Cu
Fred Fielding, Esq.
The White House
1600 Pennsylvania Avenue
Washington, DC 20500
Dear Mr. Fielding:
You may recall our brief phone conversation several months
ago wherein I suggested that executive action was needed to
save and improve the floundering National Court of Appeals
bill. I herewith enclose material on the subject, and would
appreciate your comments.
It was presented as a reconsideration motion directly to the
U.S. Supreme Court following the denial of a certiorari petition
in an attempt to request the Court to comment, which it declined
to do and simply denied the motion.
I respectfully request that you disregard the packaging and
evaluate the proposal and arguments on their own merits aimed
at influencing the future legislative course of the National
Court of Appeals.
Any revision of this material would suggest that a proposed
Appeals Court also have a specialized corporate panel in bank-
ruptcy matters as my experience in the interim period indicates
that the existing courts of review, however capable they may be
in general matters, are often inept in this highly complex area
of law.
Very truly yours,
Vincent F. Zarrilli
/ma P.S
the
The President may not be aware OF STATISTICS
which appear on The next page, I would appreciate your
bring Them is well as The pryposals TO his attention:
IT'S THE
BOTTOM LINE
THAT COUNTS
U.S. Supreme Court
10 year record of entered cases
denied or dismissed WITHOUT
A
HEARING
Term
Paid Cases
Miscellaneous Cases
Total
1973
1405
1942
3347
1974
1594
1914
3508
1975
1538
1903
3441
1976
1620
2013
3633
1977
1676
1899
3575
1978
1732
1938
3670
1979
1776
1757
3533
1980
1999
1968
3967
1981
2100
2014
4114
1982
1892
1995
3887
17,332
19,343
36,675
GRAND TEN YEAR TOTAL
36,675
does the
36,675
Supreme Cou:
need help?
Source: Compiled from November editions of the Harvard Law
Review.
4
STROM THURMOND, S.C., CHAIRMAN
CHARLES McC. MATHIAS, JR., MD.
JOSEPH R. BIDEN, JR., DEL
PAUL LAXALT, NEV.
EDWARD M. KENNEDY, MASS.
ORRIN C. HATCH, UTAH
ROBERT C. SYRD. W. VA.
ROBERT DONE, KANS.
HOWARD M. METZENBAUM, OHIO
ALAM K SIMPSON, WYO.
DENNIS DECOMICIN: ARIZ.
JOHN EAST. N.C.
PATRICK J. LLAHY, VT.
United States Senate
CHARLES E. GRASSLEY, IOWA
MAX EAUCUS. MONT.
JEREMIAH DENTON. ALA.
HOWELL HEFLIN, ALA
ARLEN SPECTER, PA.
COMMITTEE ON THE JUDICIARY
JINTON DEVANE LIDE, CHIEF COUNSEL AND STAFF DIRECTOR
WASHINGTON, D.C. 20510
DEBCRAH X. OWEN. GENERAL COUNSEL
SHIRLEY J. FANNING. CHIEF CLERK
MARK h. GITENSTEIN, MINORITY CHIEF COUNSEL
September 19, 1983
Mr. Vincent F. Zarrilli
Box 101, Hanover Station
Boston, Massachusetts 02113
Dear Mr. Zarilli:
Thank you for your letter regarding judicial reform.
At present, no hearings are scheduled on the proposed inter-
circuit tribunal. However, I assure you that the Committee
will keep your comments and your package of information in
mind as we study this important issue.
I appreciate your taking the time to express your views. If
I may be of any further assistance to you on this or any
other matter, please feel free to contact me.
With kindest regards and best wishes,
Sincerely,
Strom Thurmond
Strom Thurmond
Chairman
ST:jcp
STROM THURMOND, S.C., CHAIRMAN
CHARLES McC. MATHIAS, JR., MD.
JOSEPH R. BIDEN, JR., DEL.
PAUL LAXALT. NEV.
EDWARD M. KENNEDY, MASS.
ORRIN G. HATCH. UTAH
ROBERT C. BYRD. W. VA.
ROBERT DOLE. KANS.
HOWARD M. METZENBAUM, OHIO
ALAN K. SIMPSON. WYO.
DENNIS DECONCINI, ARIZ.
JOHN P. EAST. N.C.
PATRICK J. LEAHY. VT.
United States Senate
CHARLES E. GRASSLEY. IOWA
MAX BAUCUS. MONT.
JEREMIAH DENTON. ALA.
HOWELL HEFLIN. ALA.
ARLEN SPECTER, PA.
COMMITTEE ON THE JUDICIARY
VINTON DEVANE LIDE CHIEF COUNSEL AND STAFF DIRECTOR
MARK H. GITENSTEIN, MINORITY CHIEF COUNSEL
WASHINGTON. D.C. 20510
February 27, 1984
Mr. Vincent F. Zarrilli
Box 101
4 Garden Court
Boston, Massachusetts 02113
Dear Mr. Zarrilli:
Senator Kennedy has asked me to respond to your
recent letter and to the earlier materials you forwarded
to him regarding proposals before the Congress to estab--
lish a National Court of Appeals.
Senator Kennedy is currently reviewing all the
pending proposals on how to best deal with our burgeoning
federal caseload. He asked me to express his appreciation
for the time and interest you have devoted to this impor-
tant matter, and to assure you that he will give your
proposal every consideration.
Sincerely,
Buil Weeles
Burt Wides
Counsel
the Individual letten sont 18 The mombors sen -To borj Junciary commits
VINCENT F. ZARRILLI
Box 101, 4 Garden Court
Boston, MA 02113
May 21, 1984
Dear
The enclosed material relates to written proposals
which I as a layman with a strong interest in court adminis-
tration have previously made which may offer a solution to
the horrendous problem of the inability of the U. S. Supreme
Court to hear cases on the merits. My own research indicates
that in the past ten years, 36,675 petitions have summarily
dismissed in. this fashion.
I believe that you should give serious consideration to
this proposal which can be obtained from Senator Thurmond or
Senator Kennedy as access to ultimate justice is a fundamental
right and belief of all Americans but its practice is now
unnecessarily being aborted, which would seem to indicate
that your responsibility as a member of the Senate Judiciary
is not being properly discharged.
Very truly yours,
Burger steps up pitch for a new appeals panel
United Press International
Five 5 Duor alough 5/17/83
Justice told the annual meeting of the
bers of the panel would be present ap-
WASHINGTON Chief Justice War-
American Law Institute that his pro-
peals court Judges, with one from each
ren Burger stepped up his campaign for
posed court should be seen as "a differ-
circult selected on a rotating basis.
@ high-powered new appeals court to
ent way of resolving conflicts rather
Although the justices would retain
dv. warning that the overworked Su-
than as a novel proposal for a new body
the right of review, Burger predicted
preve Court - and the entire judicial
of judges.
they would re examine very few cases
system could break down without it.
Simply because we have func-
decided by the new panel.
The Waw court, proposed by Burger
tioned with the present structure
Rejecting the idea of expanding the
Februal could take over about a
since 1891 is utterly meaningless in
high court, Burger said adding more
thin of high court's workload by re-
terms of the needs of the present and
justices "would be a handicap. not an
solving onflicti decisions among the
particularly the next 10 to 20 years,"
asset."
13 federà appeals. purts.
be said.
Only changes in routing circuit con-
Eight of nint justices have com-
Burger spoke on the eve of a House
flict cases will provide a solution that
plained in recdive onths that they are
Judiciary subcommittee hearing on his
will preserve the quality of decisions
overworked, and five have endorsed
proposal. A Senate subcommittee plans
and "avoid a literal breakdown of the
creation of an experimental panel to re
to continue its consideration of the leg-
system," he said.
solve the Intercircult conflicts. The
islation next week.
Unless some relief arrives, he said,
high court has handled 42 such cases
The new court, as described by
the court will be forced to decide more,
in each of the last three years.
Burger, would be set, up as a five-year
cases by taking shortcuts through its
Defending his idea from "unrea-
experiment. I It were successful, Con-
normal process of arguments and
soned resistance." the 75-year-old Chief
gress could make # permanent. Mem-
signed opinions.
PRESERVATION COPY
ARLEN SPECTER
COMMITTEES
JUDICIARY
PENNSYLVANIA
APPROPRIATIONS
VETERANS'AFFAIRS
United States Senate
WASHINGTON. D.C. 20510
June 8, 1984
Mr. Vincent F. Zarrilli
Box 101
4 Garden Court
Boston, Massachusetts 02113
Dear Mr. Zarrilli:
Thank you for taking the time to write regarding the
U.S. Supreme Court.
As a United States Senator, I am committed to serving the
public interest and developing my stands on national issues based
on their merits.
Your expression of views has helped me in this process.
Through this type of communication, our democracy functions more
efficiently.
You may be sure that I will keep your views very much before
me in making decisions on issues which come before the 98th
Congress. I appreciate your taking the time to apprise me of
your views.
Sincerely,
ala Specta
Arlen Specter
AS/mft
Note:
The following pages which exhibit
information relative to proposer's MASS LeGISLATive
Bills me included because OF The preventative
Value OF H5444 JUDILOL merit retention, IT emplhasizes
the CANONS OF JUDICIAL ETHICS
IT IS proposer's belief That greaten public
emphesis which can only be brought about by you 140
recipient, who IS /M n position TO fosten
public discussion or The bill, can have many positive
effects on The entire judicial system Sy:
(1) + enxiter, create much more reluce diligence neview cases at
The COUNT OF instance AND Thereby level That IS
the (3) reduce The Behind much questionshe julicial
FIRST judicial arrugunce behav,
is evidenced by The nticles below:
THE BOSTON GLOBE MONDAY. DECEMBER 3. 1984 51
R.I. chief justice
defends friendship
Providence paper
A published report says Chief
Justice Joseph Bevilacqua of the
urges judge to quit 10/6/
Rhode Island Supreme Court has,
United Press International
fy
been observed associating with
PROVIDENCE - Rhode Island
convicted felons with alleged ties
largest newspaper called yester-
to organized crime. The Provi-
day for state Supreme Court Chief
dence Sunday Journal reported
Justice Joseph A. Bevilacqua's
that police and a newspaper re-
resignation because of allegations
porter have seen the judge visit
he continues to associate with
one convicted felon 17 times this
known criminals.
year. Police also observed Bevilac-
The Providence Journal-Bulle-
qua's car at a shop owned by a
tin. in an editorial. said Bevilac-
convicted felon and saw the judge
qua conduct violated the judicial
enter a clothing store described by
code of ethics which says judges
a police officer as a "crime pal-
should be beyond reproach.
ace," the newspaper reported. Be-
vilacqua denied he has done any-
thing wrong. He said Robert A.
Barbato. a twice-convicted felon,
is a personal friend of 20 years.
The judge, in reply to a newspaper
question, said his friendship with
Barbato is open and the meetings
"were not surreptitious." (UPI)
NATIONAL
BC
CONFERENCE
OF BLACK
LAWYERS
March 23, 1983
Mr. Vincent F. Zarrilli
Box 101, 4 Garden Court
Boston, MA 02113
Dear Mr. Zarrilli:
Thank you for your letter of March 15, 1983 commenting
on my observations pertaining to sexist judicial conduct.
I have reviewed with interest your proposed legislation
for a Judicial Merit Retention System and I think such a
system would do much to correct many of the "non-flagrant"
errors our judges are guilty of.
Let me know what I can do to support your bill.
Very truly yours,
Marguet a. Bunham
Margaret A. Burnham
National Director
MAB: mae
126 West 119 Street, New York, New York 10026 212 - 864-4000
Box 101, 4 Garden Court
Boston, Massachusetts 02113
March 15, 1983
Margaret Burnham
Director - National Conference of Black Lawyers
126 West 119 Street
New York, New York
re: Judicial Accountability
Dear Ms. Burnham:
I read with interest a recent article (3/6/83) by Nick King
of the Boston Globe where you were quoted as decrying the absence
of consequences on the part of the judiciary for maintaining
sexist attitudes from observations made while you held office in
the Massachusetts Judiciary. The assumption is that your refer-
ences were to male judges.
I herewith include a copy of House Bill #1313, Judicial
Merit Retention, which I originated several years ago which
seeks to hold all judges of the trial courts accountable for
their courtroom activities in an equitable manner.
Its legislative history is essentially that it hás never
gone beyond the Joint Judiciary Committee which as you probably
know is composed of approximately 15 lawyers.
While I have approached several sitting judges as well as 2
or 3 retired judges, no one has been willing to take a position.
Kindred requests to the past president of the Masachusetts Bar
Association (W. Budd and Carl Monecki and others) to publicly
debate the issue have been greeted with silence.
The article quoted you as saying "that there are no conse-
quences (in the Massachusetts Judiciary) for sexist attitudes",
if accurate, this buttresses the basic argument underlying the
need for enactment of my bill, i.e., there are virtually no
consequences for anything apart from flagrant misbehavior. The
extraordinary broad term of judicial discretion encompasses
abuses in the legal-reviewable sense only. Allegations of
violations of the canons of judicial ethics have virtually no
vehicle for public expression. Ironically it is the lack of
adherence to the canons which I believe is the causative factor
behind a significant percentage but certainly not all of reversed
cases as the nature of law is such that even the very best judges
can reasonably be reversed once or twice per year.
1The Massachusetts Commission on Judicial Conduct is usually
effective in these rare situations but appears to rely on the
news media to bring violations of this nature to its attention.
The point here is that your complaint supra would appear to
be in direct confict with canons 2,3 (exhibit A of that portion of
the American Bar Association's code adopted by the Commonwealth
of Massachusetts via Supreme Judicial Court Rule 3.09. That
canon mandates
impartiality) yet the judges comment bespeaks
anything but impartiality.
If you were the attorney representing the female defendent
in the article, how would you raise the issue and to whom? An
appelate court in 1983 would not consider it to be a meritworthy
ground for review. If you have the effontry to raise it directly
to the "old school" judge himself, he would probably deny it
with great eloquence extolling his anti-sexist posture and then
quickly find other grounds to defeat you.
Episodes of all kinds embracing this methodology and depar-
ture from principle take place innumerable times throughout this
state, every other state and perhaps to a lesser but significant
extent in the federal judiciary.
I submit that this state of affairs exists simply because
there is no organized vehicle which allows the "witnesses"
present in the courtroom to testify in a meaningful manner so
that the preventative force of accountability is present at
each hearing.
I do not represent the Judicial Merit Retention bill to be
perfect. It requires input and modification but do maintain
that it is a good start to an "old politics" system badly in
need of refinement.
May I respectfully request your thoughts.
Very Truly Yours,
432ml Vincent F. Zarrilli
Copies to various parties and organizations interested in judicial
reform - names available on request.
W omen judges tell of sexism
By Nick King
sometimes obvious. albeit usually unin-
ing ranks of women lawyers have
Globe Staff
tentional. they said. But always It is
sprung up in nearly every state.
One day not long ago, after unsue-
maddening and unfair to be. as Per-
fully trying to stop two opposing at-
aetta put it. considered "less credible
Despite these gains, old attitudes
theys from arguing. Massachusetts
and less serious" simply because of gen-
persist. the judges said yesterday. By
speals Court Judge Charlotte Anne
der.
and large. women judges continue to
erretta stood up. declared the was tak:
lack influence in court administration
the
case
under
advisement
Burnham sold the of one male
and policy-making. have limited power
judge who, to open court first professed
walked out of the
in bar associations and witness what
toibe of "the ald then went on
they view as tokenism on both the state
wouldn't Hoten to me, she
to exhmentsh the senuale defendant to re-
and federal levels.
said yesterday. recalling her frustra-
solve her family problems by renounc-
fignamd anger at being ignored by the
ing her job and returning home
For instance President Renald Rea
lawyers
gan, although he appointed Justice
"This is not past history. this is two
O'Connor, has been sharply criticized
Peretta's experience is hardly
or three weeks ago," said Burnham.
for the few women he has named to fed
unique among the few female judges in
"And the fact that the judge could
eral court.
Massachusetts. And yesterday, during
speak his mind publicly shows the ex:
a symposium "at New England Law
tent of the problem. that there are no
If the public. and women who have
School In Boston. Perretta and two col-
consequences for sexist attitudes."
become judges and lawyers. would take
leagues provided some unusual glimps-
a more active role in the bar. according
es into the difficult and sometimes iso-
Burnham. who resigned her judge-
to Burnham, this would make the pro-
lated lives they lead as women on the
ship to become director of the New
fession more responsive and more ac-
bench.
York-based National Conference of
countable and ultimately produce a
Black Lawyers, said the best way to
gender-free jurisprudence.
Net that being tn the judiciary.
change sexist attitudes in jurispru-
doesn't have its good points Indeed,
dence 35 to get more women on the
Equality at the bench. however.
Perretta, US Administrative Law Judge
bench.
would probably not end the isolation
Kathleen Ryan Dacey and recently re-
and loneliness that judges. whether
signed Boston Municipal Court Judge
Less than a decade ago. the entire
women or men. offentimes feel. Perretta
Margaret Burnham diescribed being
population of female judges nationwide
said that while she loves her job as an
a judge as challenging and rewarding
might have fit into the medium-sized
appeals court judge, It is time consum-
classroom where yesterday's sympo-
ing and her personal life "is in chaos.'
But as a distinct minority - only
sium on women and the law was held.
about 20 of the more than 250 judges in
And Burnham said there has been a
Massachusetts are women - they said
Today there are more than 800
sharp difference in the way people treat
they often suffer the sexist conse-
members of the 5-year-old National
her since she resigned from the bench.
quences of being females in a male-
Assn. of Women Judges. including
"Having 'judge' in front of your name
dominated profession.
charter member Sandra Day O'Connor
changes the way people approach you.
of the United States Supreme Court. in
she said. "I have friends now 1 didn't
Somethmel the sex bias is subtle,
addition, groups representing the grow-
have before.
At the Supreme Judicial Court holden at Boston within and for
said Commonwealth on the twenty-sixth day of June
, in
the year of our Lord one thousand nine hundred and eighty:
present,
HON. EDWARD F. HENNESSEY, Chief Justice
)
HON. FRANCIS J. QUIRICO
)
HON. ROBERT BRAUCHER
)
)
HON. BENJAMIN KAPLAN
)
Justices
)
HON. HERBERT P. WILKINS
)
)
HON. PAUL J. LIACOS
)
)
EXHIBIT
A
CANON 2
A Judge Should Avoid Impropriety and
the Appearance of Impropriety in
All His Activities
(A) A judge should respect and comply with the law and
should conduct himself at all times in a manner that
promotes public confidence in the integrity and impartiality
of the judiciary.
(B) A judge should not allow his family, social, or other
relationships to influence his judicial conduct or judgment.
He should not lend the prestige of his office to advance
the private interests of others; nor should he convey
or permit others to convey the impression that they are
in a special position to influence him. He should not
testify voluntarily as a character witness.
CANON 3
:- Judge Should Perform the Duties of
His Office Impartially and Diligently
The judicial duties of a judge take precedence over
all his other activities. His judicial duties include
all the duties of his office prescribed by law. In the
performance of these duties, the following standards
apply:
(A) Adjudicative Responsibilities
(1) A judge should be faithful to the law and main-
tain professional competence in it. He should be
-146-
1984 MASS Legislature
HOUSE
No. 1094
By Mr. DiMasi of Boston (by request), petition of Vincent Zarrilli
for legislation to establish a modified judicial merit-retention system in
order to determine annually if judges should continue to hold office.
The Judiciary.
HOUSE
No. 1095
By Mr. DiMasi of Boston, petition of Vincent F. Zarrilli for legisla-
tion to require the tabulation of results of those cases heard by the
Supreme Judicial Court and the Appeals Court. The Judiciary.
HOUSE
No. 1096
By Mr. DiMasi of Boston (by request), petition of Vincent Zarrilli
for legislation to define the crime of perjury. The Judiciary.
HOUSE
No. 1097
By Mr. DiMasi of Boston (by request), petition of Vincent Zarrilli
for legislation to require a statement of reasons to accompany the
denial or dismissal of any motion on activity entered in the Appeals
Court or Supreme Judicial Court. The Judiciary.
HOUSE
No. 1098
By Mr. DiMasi of Boston (by request), petition of Vincent Zarrilli
relative to increasing the salaries of the chief justice and each associate
judge of the Appeals Court and the Supreme Judicial Court. The
Judiciary.
HOUSE
No. 1099
By Mr. DiMasi of Boston (by request), petition of Vincent Zarrilli
relative to authorizing the Appeals Court to reinstate its judgment of
dismissal in the case of Vincent F. Zarrilli vs. Capitol Bank and Trust
Company. The Judiciary.
HOUSE
No. 1100
By Mr. DiMasi of Boston (by request), petition of Vincent Zarrilli
for legislation to increase the number of associate justices of the
Supreme Judicial Court and the Appeals Court. The Judiciary.
SUPPORT"JUDGE THE JUDGES"
BILL H5444
HOUSE
No. 5444
By Mr. DiMasi of Boston (by request), petition of Vincent Zarrilli
2
HOUSE - No. 5444
(January
1981
HOUSE - No. 5444
for legislation to establish a modified judicial merit-retention system in
order to determine annually il judges should continue to hold office.
The Judiciary.
24
hat the entire procedure shall be complete by the first I uesday
5 ty of the chief administrative justice, chief justice of the superior
25
after the lirst Monday in November of every year embodied in a
" count of district court may be grounds for at disciplinary hearing by
26 report signed by each justice of the Supreme Count of Indicial
7 the Board of Overseers.
The Commonwealth of Massachusetts
27 Conduct.
I
SECTION 5. The administrative arrangement for the bill shall
In the Year One Thousand Nine Hundred and Eighty-One.
I
SECTION 2. that this Act shall also encompass a judicial atti-
2
he attended to hy the Commission of Judicial Conduct who shall at
2 tude survey wherein such person who has appeared in a courtroom
1 all times be accountable to the chief administative justice of the
3 where judicial proceedings have transpired may register his or her
4 trial courts.
AN ACT TO ESTABLISH A MODIFIED JUDICIAL MERIT-RETENTION SYSTEM.
+ opinion based on the canons of judicial ethics IS to ment attain-
5 ment of the specific presiding justice that such opinion be reflected
Be it enacted by the Senate and House of Representatives in General
6 on the following scale: (1) outstanding: (2) very good: (3) good; (4)
1.
Outstanding
Court assembled. and by the authority of the same. as follows:
7 fair: (5) see attached statement.
8
Any justice who receives a plurality of 500 or more designations
I
SECTION 1. A modified judicial merit-retention system shall
9 of outstanding for two consecutive years shall receive additional
2 be establishd in such a manner so as to each year conduct a
10
compensation of $7,500.00 per year or each year of such designa-
3 referendum survey wherein each individual who has appeared in a
11 tion retroactive to the first year of such designation.
2. Very good
4 District Court or Superior Court courtroom wherein judicial pro-
5 ceedings have transpired may participate in a survey wherein he or
I
SECTION 3. That any justice who has compiled 150 negative
6 she may offer to the administrating agency a written and signed
2 responses which is in lact attirmed by the Supreme Court of
7 statement of reasons as to why any given judge should not hold
3 judicial conduct may retain the title and compensation of bitherto
3.
Good
8 office.
4 held provided that said justice assumes and discharges administra-
9
That said survey shall be written on forms supplied by the
5 live matters under the aegis of the chief administrative justice with
10 administrating agency and shall set forth that the participant has
6 the assistance of chief justice 01 both the superior and district
11 personal knowlege of the Code of Judicial Ethics and has no bias as
7 courts who at their discretion at the expiration of two years may hy
4. Fair
12 standards in setting forth the above-mentioned statement of rea-
8 majority vote reassign said justice to courtroom activity or at any
13 sons.
9 time for substantial cause discharge said justice from the judicial
14
That said tabulation shall be referred to a committee of ultimate
10 system in the entirety provided said discharge is attirmed by both
15 authority composed of the judges of the Supreme Judicial Court
II the Supreme Court or Judicial Conduct and executive conneil who
16 and the Appellate Court to he known as the Supreme Court of
12 shall act within ninety days of notice of discharge. Failure to act
5. Ought not be retained
17 Judicial Conduct on a basis of one judge one vote. who shall in turn
13 within the specified time of either body shall he construed as
(See attached statement.
18 issue a statement of reasons as to why any given judge who the
14 attirmation in such at manner such that any discharge becomes final
19 attitude survey reveals has compiled 150 negative responses herein
15 on the ninety-first day after the issuance of this notice of discharget
20 defined as an expression that the judge ought not to retain his
PARTICIPANT MUST HAVE APPEARED IN COURTROOM OF JUDGE WHO IS SUBJECT OF HIS
16 by the chief administrative justice.
21 office, has in fact been retained.
SIGNED STATEMENT OF REASONS.
22
That the survey shall take place on the first of May every year
I
SECTION 4. All attorneys duly licensed by the Common-
23 and embrace each judge who has held office for six months.
2 wealth and residing herein who have appeared in any controom
AN ACT TO ESTABLISH A MODIFIED JUDICIAL MERIT-RETENTION SYSTEM.
3 proceeding shall participate III such survey Any activity on the
4 part of said attorneys deemed Involous III in bad bith by a majori-
QUALIFIES JUDGE FOR $7,500 BONUS FOR NEXT CALENDAR YEAR.
Call your legislator right now!
NORTH END/WATERFRONT REVIEW
PAGE 11
APRIL 18, 1984
Carrier convention center proposed
North End resident Vincent
Essex or Hancock Class Car-
Zarrilli, who in early 1983
rier exceeded on billion dol-
proposed converting a moth-
lars.
balled aircraft carrier into a
Counting all the deck
prison facility and placing it in
space, the entire area to be
Boston Harbor, is at It again.
utilized might be between
This time it's a convention
25-30 acres. Consider the
center he's after.
present day value of just three
For Zarrilli, this is the third
or four acres right on the
attempt he has made to bring
Boston waterfront.
a carrier to the harbor. In 1979
Retail business in the
he proposed using a carrier as
North End has been steadily
a parking garage.
dropping for eight consecut-
Although Zarrilli's previous
ive years. As more ground
two proposals haven't panned
floor stores are converted to
out, he's not discouraged as
housing, the area is losing the
is evident by a third proposal
charm of its ethnic character
calling for a feasibility study
which continued unchecked,
of a multiple purpose project
will be a loss to the entire
aimed at solving a multipli-
metropolitan area. The park-
city of problems in the North
ing problem (ticketing, tow-
End/Waterfront section of
ing. booting) which has dis-
Boston.
suaded hundreds of thous-
What Zarrilli is seeking is
ands of regulars from visiting
the conversion of a carrier into
the North End is the core of
a combination small convent-
the problem. A lost cost, $1
ion center-low cost parking
per day, would seem to be the
Shown above to a sketch of what North End resident Vincent Zarrilli's proposal to convert an aircraft
garage in the water area
only means of correction.
carrier into e convention center would look like. The plan has been submitted to Mayor Ray Flynn and
between Union and Lewis
Only a small portion of bus-
other local politicians for their support of the plan to place a carrier between Union and Lewis Wharves.
Wharves.
inesses can survive on resi-
Zarrilli claims the following
dent's purchases. The high
points of his proposal should
cost of housing virtually elimi-
be weighed very carefully:
nates discretionary income.
The convention center
The resident sticker pro-
could be housed in the hanger
gram, while welcomed by
deck with contains approxi-
most residents, has exacer-
mately 60,000 square feet and
bated retail business losses.
exceeds three stories in
One of the possibilities of this
height for about 180,000 aq.
proposal If determined feasi-
ft. of exhibit space.
bie is to transfer all resident
Below are five decks which
sticker parking to the carrier
the study might reveal could
and meter all the streets, thus
provide space for about 2500
providing the city with sub-
vehicles including the many
stantial additional income and
chartered tourist buses which
fostering retail business sim-
presently clog already con-
ultaneously.
gested city streets from April
The bottom line to the
until November.
convention Industry on a na-
The earlier proposals for
tional level is that most con-
purposes of the study were
vention centers have embark-
never evaluated by qualified
ed on expansion plans and in
persons. In each case govern-
almost all cases must go
mental employees with no
father out to the outskirts of a
successful entrepreneurial
city to acquire a aite. Con-
skills were left to make the
ventioneers prefer to stay In
decision; hence, the conept
the city. This proposal, If
with its somewhat massive
feasible, enables visitors to
dimensions intimidated the
stay right where the action is
decision makers. The "safest"
and literally walk from the
approach was to say no. To
proposed site to the Old North
the best of my knowledge, no
Church, Paul Revere's Houes,
input was ever solicited from
Old Ironsides, Bunker Hill,
the founding executives of
Quincy Market, Hotels and
any major corporations.
Downtown Crossing.
Through a provision in the
Zarrilli has submitted his
U.S. Code, 10 USC 7308
plans to Mayor Ray Flynn and
(1956), a governmental entity
other local politicians seeking
may acquire a surplus vessel
support for the carrier conver-
at no charge from the U.S.
sion proposal. Thus far, no
Navy. The cost to the govern-
one has openly supported or
ment back in the forties for an
completely tossed out the
idea.
Study Possible of Plan to Create Floating
NSIDE:
City looks for funds from tax-exemp
North End Parking Facility
sponsor an odd collection of bills
An unusual proposal to solve current parking
ative Salvatore DiMasi and Boston City Councillor
problems in the North End by converting an old
Robert Travaglini have sent letters to Boston
aircraft carrier to a convention center and
Mayor Raymond Flynn over the last seven
2,500-car garage at Sargent's Wharf has resurfaced
months, urging the city to examine Zarrilli's study
again and is actually being contemplated by the
proposal. Last week, traffic and parking depart-
THE.BOSTON
city traffic and parking department.
ment official Ted Siegel said the city will take a
North End resident and businessman Vincent
close look at Zarrilli's proposal soon to determine
PRESERVATION
Zarrilli, with the support of several state and local
whether to hire a consultant to perform an in-
elected officials, is urging the city to consider
depth feasibility study. Siegel estimates the study
funding a feasibility study to examine a plan to
could cost as much as $40,000. Zarrilli also adds
moor an obsolete aircraft carrier in Boston Har-
he will seek the contract for the feasibility study
bor at Sargent's Wharf, located between Union
if it is put out to bid by the city.
and Lewis Wharf. Zarrilli's plan calls for convert-
Zarrilli believes his aircraft carrier plan could
ing the vessel's three-story hangar deck into a
solve the North End's acute parking shortage,
"small" convention center" and turning the ship's
which he claims has dealt fatal blows to many
lower decks into a "low-cost" parking facility.
small neighborhood businesses. Zarrilli says 17
Zarrilli claims an unused aircraft carrier could be
businesses on Salem Street have gone out of bus-
obtained free of charge from the U.S. Navy.
iness in the last four years because of the city's
State Senator Michael LoPresti, State Represent-
see North End, page B-1
December
4,
1984
Vol.
4,
No.
14
72
pages
DiMasi believes Zarrilli's latest plan has "obvious
North End
drawbacks," but has nevertbeless asked the city to lool
at it. "I will look at anything to find a solution to the
parking problem in the North End," he says. "The air
continued from page 12
craft carrier would be unsightly, might cause more traf
fic conjestion and wouldn't fit in with the historica
"stringent ticketing policy and lack of parking space."
character of the North End, but I want the city to study
Zarrilli, who says he has "a knack for bringing pro-
the overall parking problem in the area."
ducts into existence that never existed before," lob-
Siegel, who notes that Zarrilli's parking plan wa
bied city officials unsuccessfully in 1978 to consider
rebuffed during former mayor Kevin White's admin
using a converted aircraft carrier as a floating prison.
istration, says the city "ought to either fish or cut bait'
He is currently pressuring federal and state trans-
on the plan. "Let's really honestly look at it," he says
portation officials to consider building a second deck
'If it looks feasible, we'll look into it more."
on the central artery as an alternative to the plan cur-
Siegel adds that his department will examine the cos
rently-before the U.S: Congress to fund the depression
of transporting an aircraft carrier to Boston; how th
of the expressway. Zarrilli has also been petitioning
vessel would be moored; the cost of converting it 1
selected members of the U.S. Senate to introduce legis-
a parking facility and convention center, and how
lation that would create a U.S. Court of Appeals to re-
much revenue it would generate for the city.
duce the caseload of the U.S. Supreme Court.
PHOTO BY PATRICE FLESCH
State Representative Salvatore DiMasi wants the city to look at a solution to the North End's
parking shortage.
U.S. SUPREME COURT
Vincent F. Zarrilli
)
Case # 82-6281
)
)
VS
)
Jonathan Randall, et al.
)
)
)
APPELLANT'S MOTION FOR REHEARING
Now comes the Appellant Vincent F. Zarrilli
pursuant to Rule 51, Rules of the United States
Supreme Court requesting that the honorable court
reconsider his denied petition for certiorari to
the United States Court of Appeals For The First
Circuit for the reasons listed below.
This petition sought to reverse the First Cir-
cuit Court of Appeals in Case # 82-1519 which
in turn sought to rescue case #81-1782, First Circuit
Court of Appeals and its trial court counterpart U.S.
78-1651-T. In this original action, petitioner
sought vindication of wrongful actions of judges and
other state parties for a series of invasions of
legally protected interests. To accomplish this it
was necessary to pierce the wall of both judicial
and sovereign immunity which was verifiably accom-
note
69 pugos OF
supporting ex hibres
not included
PRESERVATION COPY
plished in the 81-1782 brief (included in appendix).
An amendment to the Complaint by Affidavit
(see Exhibit page AP1 ) filed pursuant to Rule 15
and fully consistent with its theory, spirit and
decisional law was not allowed by Judge Tauro
(Exhibit
page AP15) who is also pictured in
journalistic detail in Exhibit
page
).
The first Appeal, #81-1782, failed as the First
Circuit Court noted in its order (Exhibit
page AP14)
that it could not consider the Affidavit since
Judge Tauro had never allowed it, no statement of
reasons was ever given for this denial.
Petitioner having spent a great deal of time
and effort on the two immunity issues, as is obvious
in the 81-1782 Appeal, and believed that he had
overcome them, then went forward on a separate
appeal # 82-1519, First Circuit Court of Appeals
to establish an abuse of discretion in the non-
allowance of the critical Affidavit (See Appendix
at AP 2-8) for the purpose of gaining a retroactive
allowance so that the Appeals Court could take up
-2-
PRESERVI TIC: COPY
81-1782 again and consider the Affidavit. The First
Circuit Court dismissed 82-1519 with no opinion,
by summary affirmance. The instant petition for
certiorari sought to reverse that judgment.
Petitioner believed that had his petition been
reviewed on the merits in this court he would have
prevailed. The issue now becomes:
Why was this case not heard on the
merits in the court of last resort,
the U.S. Supreme Court?
Petitioner believes that the substantial grounds
provision of Rule 51 U.S. Supreme Court rules can
be invoked to encompass the following analysis of
the factors affecting the denial of justice to
both himself and approximately 5,000 other disgruntled
petitioners for the October 1982 term. Since the
breadth of factors covers so much, petitioner deems
-3-
it most efficient to present argument in the form
of propositions.
PROPOSITION 1
All United States Petitioners have the inher-
ent right to have their properly presented
cases heard on the merits by the U.S. Supreme
Court and at the very least, all denied peti-
tions should be accompanied by a brief state-
ment of reasons.
PROPOSITION 2
The National Judicial mania to clear the
docket is causing untold thousands of liti-
gants substantial harm which has no organ-
ized voice of protest but is operating to
nationally lower the esteem of the judiciary
and is harmful to the country as a whole.
-4-
PRESERVATION COPY
PROPOSITION 3
Along with the rise in crime there has been
a corresponding rise in judicial misconduct
of varying degrees which further tends to
bring the judiciary into a state of lowered
esteem (see Appendix, pages 17-36). .
PROPOSITION 4
The U.S. Supreme Court with its 5311 new
cases in the 1982 term and its rendering
of 141 opinions is a disillusioning example
of mismanagement and a poor model for all
other courts.
PROPOSITION 5
All proposals for remedying the situation in
the U.S. Supreme Court including the present
proposed bill - Chapter 4 Sec. 602 (a) Part I
of Title 28 U.S. Code fall enormously short
-5-
of providing an optimal solution.
PROPOSITION 6
The basic underlying problem is the failure
of those who bear the responsibility to face
up and verbalize the fact that a crisis
calling for what might appear to be drastic
solutions does in fact exist.
PROPOSITION 7
That the establishment of the above referred
to Chapter 4 Sec. 602 etc. will at best solve
a small portion of the U.S. Supreme Court's
problems as originally proposed - a Chancellor
and 26 new judges.
PROPOSITION 8
That the optimal solution lies mainly in in-
creasing the number of judges to a figure
-6-
PRESERVATION COPY
which can adequately and comfortably handle
not only the present caseload but the increased
projected caseload which should rise much
higher as the current recession subsides.
PROPOSITION 9
That the shocking figure is between 60-80
judgeships.
PROPOSITION 10
That none, or at best very few, of the above
of necessity should be absorbed from the
existing U.S. Courts of Appeals so that the
new National Court of Appeals has a brand
new start absent any conditioning.
PROPOSITION 11
That the staffing can easily be accomplished
by inviting applications from bright scholarly
-7-
lawyers with 8-10 years of litigation
practice.
PROPOSITION 12
That each applicant must demonstrate having
achieved existing proficiency in the usage of
a personal computer so as to keep track of
the numerous data which must be digested.
PROPOSITION 13
That the figure of 60-80 new associate judges
of petitioner's instant proposal for the
National Court of Appeals is to be divided
into specialty sections for expertise develop-
ment in adjudicating:
1) Intercircuit conflicts
2) Intracircuit conflicts
3) Multinational issues
4) Environmental issues
5) Energy issues
-8-
PRESERVATION COPY
6) Tax issues
7) Women's rights issues
8) Prisoner's issues
9) Employment and tenure issues
10) Tax revenue issues
11) Minority issues
12) Outer space issues
13) 42 U.S. Code 1983 issues
14) Computer error issues
15) General issues not encompassed by this
partial listing of relatively new
specialty litigation.
PROPOSITION 14
That the proposed legislation, supra, and its
contemplation of 26 judges regardless of how
capable they may be is inadequate to comfort-
ably and diligently handle the above listing.
-9-
PROPOSITION 15
That if that legislation is enacted, it will
be recognized to have been grossly insufficient
when implementation is complete and the new
court hears its first case.
PROPOSITION 16
That the analogy cited by Chief Justice Burger
in his address to the A.L.I. 5/17/83 (Appendix
page 37, 38) to wit "The farm boy and his
pony, etc." as used to characterized an
"unmanageable" problem omitted the compelling
possibility that the 1200 pound horse could
have been picked up had the farm boy enlisted
the assistance of at least 12-18 farm boys and
farm girls from the neighboring farms and in
so doing increase both the strength of each
individual as well as the entire young farm-
ers' team.
-10-
PROPOSITION 17
That there is no logical consistency in dealing
with a crisis situation with a piecemeal plan
and the best interests of the nation as a whole
are subserved by my reluctance to identify each
contributing element and emerge with a viable,
optimal plan.
PROPOSITION 18
That in the light of the new law - the Omnibus
Judgeship Act which authorized 850 new federal
judges, petitionersproposal for 60-80 new review
court judges or 10% is not unreasonable.
PROPOSITION 19
With the facility acquisition, management struc-
ture, regulations, procedural rules formation,
and every other factor affecting a new court
is far easier to accomplish at the outset than
adding by bits and pieces subsequently.
-11-
PROPOSITION 20
That the executive staff of any new national
court of appeals be composed largely of persons
with no previous court experience but reasonable
experience from the field of Corporate Manage-
ment and data processing.
PROPOSITION 21
That judges themselves however capable they
may be at decision-making are not always
equally adept in administrative matters and
tend to look for precedents as a basis for
their comments in these matters as well and
since there are no precedents for the factors
forming the present problem are often somewhat
confused.
PROPOSITION 22
That any feasibility study deemed necessary
to provide the basis for any legislation to
-12-
provide proper review and confine the Supreme
Court to 80 to 100 signed opinions in any one
year, be effectuated by firms recommended by
the American Institute of Management who may
have no background in court administration.
PROPOSITION 23
That while the factors affecting the inception
of litigation in the Court of First Instance
are beyond the influence of the Supreme Court,
the mounting tide of litigation in all courts
of review may be somewhat diminished by the
Supreme Court's commenting on the various prop-
osals aimed at increased judicial accountability
including judicial merit retention as proposed
to the Mass. Legislature and incorporated in
petitioner's letter to ex-Judge Barnham (Appendix
,
page 41-46) who endorsed it (Appendix
page 46 ). .
-13-
PROPOSITION 24
That some trial judges on a national level do
not always perform diligently. Knowing that
likelihood of reversal by a court of review is
remote, all factors considered, cost, time,
etc. Beyond this, if reversal should take
place there is no methodology for public
awareness. Petitioner's remedy for this is
H-1312 (Appendix page 45). If it were to
become law in all states and the federal
level, it might tend to reduce applications
for review generally as a greater degree of
diligence at the court of first instance has
been constructively "mandated." And some judges
have reason to no longer view the courts of
review as a "dumping ground."
PROPOSITION 25
That the Canons of Judicial Ethics (Appendix
page 52-68) which are a part of the basis of
-14-
petitioner's judicial merit retention bill
are flaunted thousands of times daily in
courtrooms from Maine to Alaska and part
of the litigation engulfment on all courts of
review and ultimately on the U.S. Supreme
Court result from this paradox. The focusing
of attention by the U.S. Supreme Court on
this venerable but disrespected body of law
may have surprising results. At the very
least it will elevate public confidence in
the judicial courtroom conduct control system.
PROPOSITION 26
That the vastly increased use of the summary
disposition calendar in courts of review is
in many cases basically unfair and nothing
more than the use of proper and accepted term-
inology to deny people of rights under color
of law.
PRESERVATION COPY
-15-
PROPOSITION 27
That the track record of the Mass. Appeals
Court, an intermediate court of review formed
in 1972 to reduce the load on the Mass. Supreme
Judicial Court, forms an example in support
of petitioner's arguments. This court was
formed in 1972 with six judges. It now in
June 1983 has 13. The number of summary
dispositions has increased substantially. The
lack of a sufficient number of judges and spe-
cific areas of expertise may influence its
summary calendar dispositions. See Zarrilli
vs. Capitol Bank et al., U.S. Supreme Court
Term 1981 cert. application denied, where
the dismissal by the Mass. Appeals Court may
have been influenced by unwanted complexity.
Massachusetts has 5.5 million residents
which this Appeals Court serves with 13 judges.
This figure is less than 2% of the number of
people the new proposed inter circuit court
is supposed to serve with 26 judges and sub-
-16-
stantially more complex litigation.
PRAYERS
That since the instant case deals with actionable
judicial misconduct of which there is a paucity
of cases reaching this court and since the tangen-
tial material in these papers buttresses his
pleadings, that the honorable court grant certiorari,
hear the case on the merits andreverse the First
Circuit Court in 82-1519 with instructions that
that Affidavit should have been allowed.
In the alternative, recall the mandates in
both 81-1782 and its companion case 82-1519 and
hear both on the merits.
In the more remote alternative, consider
to prove or disprove your petitioner's views on
poor judgepersonship by recalling Zarrilli vs.
Capitol Bank et al. and deciding on the merits
whether the Mass. Appeals Court and Mass. Supreme
Judicial Court erred.
Respectfully submitted,
The Petitioner, pro se
Vincent F. Zarrilli
Box 101, 4 Garden Court
Boston, MA 02113
(617) 523-9210
(617) 723-7163
-17-
Study Possible of Plan to Create Floating
NSIDE:
City looks for funds from tax-exemp
North End Parking Facility
sponsor an odd collection of bills
COPY
An unusual proposal to solve current parking
ative Salvatore DiMasi and Boston City Councillor
problems in the North End by converting an old
Robert Travaglini have sent letters to Boston
aircraft carrier to a convention center and
Mayor Raymond Flynn over the last seven
2,500-car garage at Sargent's Wharf has resurfaced
months, urging the city to examine Zarrilli's study
again and is actually being contemplated by the
proposal. Last week, traffic and parking depart-
THE . BOSTON
city traffic and parking department.
ment official Ted Slegel said the city will take a
North End resident and businessman Vincent
close look at Zarrilli's proposal soon to determine
Zarrilli, with the support of several state and local
whether to hire a consultant to perform an in-
elected officials, is urging the city to consider
depth feasibility study. Siegel estimates the study
funding a feasibility study to examine a plan to
could cost as much as $40,000. Zarrilli also adds
PRESERV
TAB
moor an obsolete aircraft carrier in Boston Har-
he will seek the contract for the feasibility study
bor at Sargent's Wharf, located between Union
if it is put out to bid by the city.
and Lewis Wharf. Zarrilli's plan calls for convert-
Zarrilli believes his aircraft carrier plan could
ing the vessel's three-story hangar deck into a
solve the North End's acute parking shortage,
"small convention center" and turning the ship's
which he claims has dealt fatal blows to many
lower decks into a "low-cost" parking facility.
small neighborhood businesses. Zarrilli says 17
Zarrilli claims an unused aircraft carrier could be
businesses on Salem Street have gone out of bus-
obtained free of charge from the U.S. Navy.
iness in the last four years because of the city's
State Senator Michael LoPresti, State Represent-
see North End, page B-1
December 4, 1984
Vel.4,No.14
1
72 pages
DiMasi believes Zarrilli's latest plan has "obvious
North End
drawbacks," but has nevertheless asked the city to look
at it. "I will look at anything to find a solution to the
parking problem in the North End," he says. "The air-
continued from page 12
craft carrier would be unsightly, might cause more traf-
fic conjestion and wouldn't fit in with the historical
"stringent ticketing policy and lack of parking space."
Zarrilli, who says he has "a knack for bringing pro-
character of the North End, but I want the city to study
the overall parking problem in the area."
ducts into existence that never existed before," lob-
Siegel, who notes that Zarrilli's parking plan was
bled city officials unsuccessfully in 1978 to consider
rebuffed during former mayor Kevin White's admin-
using a converted aircraft carrier as a floating prison.
istration, says the city "ought to either fish or cut halt"
He is currently pressuring federal and state trans-
on the plan. "Let's really honestly look at is,". he says.
portation officials to consider building a second deck
'If it looks feasible, we'll look into it more."
on the central artery as an alternative to the plan cur-
Stegel adds that his department will examine the cost
rently before the U.S. Congress to fund the depression
of transporting an alecraft carrier to Boston; how the
of the expressway. Zarrilli has also been petitioning
vessel would be moored; the COM of converting it to
selected members of the U.S. Senate to introduce legis-
a parking facility and convention center, and how
lation that would create a U.S. Court of Appeals to re-
much revenue it would generate for the city.
duce the caseload of the U.S. Supreme Court.
PHOTO PATREE FLEECH
State Representative Selvatore DiMasi wants the city to look at a solution to the North End's
parking shortage.
unrelated Miterial
re- Zaurible
APRIL 18, 1984
NORTH END/WATERPRONT REVIEW
PAGE 11
Carrier convention center proposed
North End resident Vincent
Базек or Hanoook Class Car-
Zarrilli, who in early 1983
rier exceeded on billion dol-
proposed converting . moth-
I
balled aircraft carrier into a
Counting all the deck
prison facility and placing It in
space, the entire area to be
Boston Harbor, is at it again.
utilized might be between
This time It's a convention
25-30 acres. Consider the
center he's after.
present day value of just three
For Zarrilli, this is the third
or four acres right on the
attempt he has made to bring
Boeton waterfront.
a carrier to the harbor. in 1979
Retail business in the
he proposed using a carrier as
North End has been steadily
a parking garage.
dropping for eight consecut-
Although Zarrilli's previous
tve years. As more ground
two proposels haven't penned
floor stores are converted to
out, he's not discouraged as
housing, the area is losing the
is evident by a third proposal
charm of its ethnic character
calling for a feasibility study
which continued unchecked,
of a multiple purpose project
will be a loss to the entire
almed at solving a multipli-
metropolitan area. The park-
city of problems in the North
ing problem (ticketing, tow-
End/Waterfront section of
ing, booting) which has die-
Boston.
suaded hundreds of thous-
What Zarrilli is seeking is
anda of regulars from visiting
the conversion of a carrier into
the North End la the core of
a combination small convent-
the problem. A lost cost, $1
Ion center-low cost parking
per day, would seem to be the
garage in the water area
only means of correction.
Shown above is a sketch of what North End resident Vincent Zerrifill's proposal to convert an strergth
carrier into a convention center would look like. The plan has been submitted to Mayer Ray Plynn and
between Union and Lewis
Only a amail portion of bus-
other local politicians for their support of the plan to place a carrier between Union and Lewis Wherves.
Wharves.
Incesse cen survive on real-
Zarrilli claims the following
dent's purchases. The high
points of his proposal should
cost of housing virtually elimi-
be weighed very carefully:
nates discretionary income.
The convention center
The resident aticker pro-
could be housed in the hanger
gram, while welcomed by
deck with contains approxi-
most residents, has exacer-
mately 80,000 aquare feet and
bated retail business losses.
exceeds three stories in
One of the possibilities of this
height for about 180,000 sq.
proposal If determined feast-
ft. of exhibit space.
bis is to transfer all resident
Below are five decks which
sticker parking to the carrier
the study might reveal could
and meter all the streets, thus
provide space for about 2500
providing the city with sub-
vehicles Including the many
stantial additional income and
chartered tourist buaes which
fostering retail business sim-
presently clog already con-
ultaneously.
gested city streets from April
The bottom line to the
until November.
convention Industry on a na-
The earlier proposals for
tional level is that most con-
purposes of the study were
vention centers have embark-
never evaluated by qualified
ed on expension plans and in
persons. in each case govern-
almost all cases must go
mental employees with no
father out to the outskirte of a
successful entrepreneurial
city to acquire a site. Con-
skills were left to make the
ventioneers prefer to stay in
decision; hence, the conspt
the city. This proposel, If
with Its somewhat massive
feasible, enables visitors to
dimonsions Intimidated the
stay right where the action is
decision makers. The "natest"
and literally walk from the
approach was to say no. To
proposed site to the Old North
the best of my knowledge, no
Church, Paul Revere's House,
unrelated material
input was ever solicited from
Old Ironsides, Bunker Hill,
the founding executives of
Quincy Market, Hotels and
any major corporations.
Downtown Crossing.
Through a provision in the
Zarrilli has submitted his
re V1 Zavribli
U.S. Code, 10 USC 7309
plane to Mayor Ray Flynn and
(1969), 8 governmental entity
other local politicians seeking
may acquire a surplus vossel
support for the carrier conver-
at no charge from the U.S.
alon proposal. Thus far, no
Navy. The cost to the govern-
one has openly supported or
ment back in the forties for an
completely lossed our to
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