Jay Rabinowitz (jurist)

Jay Andrew Rabinowitz[1] (February 25, 1927 – June 16, 2001[2]) was an American lawyer, jurist, and chief justice of the Alaska Supreme Court for four non-consecutive terms, remaining active as a justice from February 1965 to February 1997.

Jay Andrew Rabinowitz
Jay Rabinowitz during his first term as chief justice.
Chief Justice of Alaska Supreme Court
In office 1972–1992
Preceded by	George Boney
Succeeded by	Allen T. Compton
Associate Justice of the Alaska Supreme Court
In office March 4, 1965 – February 28, 1997
Appointed by	Bill Egan
Preceded by	Harry O. Arend
Succeeded by	Alexander O. Bryner
Personal details
Born	(1927-02-25)February 25, 1927 Philadelphia, Pennsylvania
Died	June 16, 2001(2001-06-16) (aged 74) Seattle, Washington
Spouse(s)	Anne

Early life and career

Rabinowitz was born in Philadelphia, Pennsylvania to a Jewish-American family. His paternal grandfather had emigrated from Riga, Latvia to Woodbine, New Jersey at age fourteen, leaving his own family behind. Jay Rabinowitz grew up in Brooklyn, New York where his father, Milton, a 1922 graduate of the Wharton School of the University of Pennsylvania, worked as a bookkeeper for a wholesale fish distributor during the Great Depression.

Jay served in the U.S. Army Air Forces near the end of World War II. During his service overseas Rabinowitz happened to meet his great-uncle Chaim, whom he'd never before met, in a displaced persons camp in Germany. Chaim was the family's only relative in Europe who had survived the Holocaust. Following some careful forgery of paperwork, Chaim was able to join his relatives in Brooklyn after the war ended.

After returning home, Jay Rabinowitz attended Syracuse University, where he earned a bachelor of arts degree in 1949.[2]

He graduated from Harvard Law School in 1952 and was admitted to the bar in New York State the same year. After practicing law in New York City for five years, Rabinowitz moved to Fairbanks, Alaska in 1957, to accept a position as law clerk to U.S. Territorial Court judge Vernon Forbes.[3] Later that year, he met and married Anne Nesbit. The couple remained together until Rabinowitz's death in 2001.

In 1958, Rabinowitz was admitted to the Alaska Bar Association and clerked for the United States District Court in Fairbanks. He was appointed superior court judge in Fairbanks in 1960.

Alaska Supreme Court

Following his appointment by Governor Bill Egan, Rabinowitz was sworn in as an Alaska Supreme Court justice on March 4, 1965. Rabinowitz remained on the state Supreme Court until February 28, 1997, having reached the mandated retirement age of 70 for judges in Alaska,[4][5] during which time he served four non-consecutive three-year terms as chief justice. (The Alaska Constitution prohibits consecutive terms as chief supreme court justice.)[4]

During his time on the bench, Rabinowitz wrote more than 1,200 court opinions, 200 of them dissenting. He was a strong and articulate voice for safeguarding the civil liberties of Alaskans. He wrote landmark opinions in cases involving privacy, reproductive freedom, search and seizure, self-incrimination, free speech,[6] and marijuana use.[7] He was particularly sensitive to the ways in which the law affected the legal rights of Alaska Natives and authored several noteworthy judicial opinions that respected Native traditions in areas of family rights and adoption, education, and law enforcement.

Rabinowitz's law clerks included Robert Coates and Andrew Kleinfeld, now a judge of Ninth Circuit.[8]

Beginning in 1971, Rabinowitz also served on the National Conference of Commissioners on Uniform State Laws, where he headed three drafting committees and served on numerous others.

Personal life

Rabinowitz was a competitive athlete, and pursued both tennis and skiing throughout his life, taking up long-distance running in middle age. He and his wife, Anne, had four children: Judy Rabinowitz, a former Olympian and now a lawyer practicing in California; Mara, a public defender in Alaska; Max, an oncologist practicing in Alaska; and Sarah, a social worker residing in Alaska. His brother is Robert Rabinowitz, creator of Beatlemania, a 1974 Broadway musical show; his cousins include media contributor, Seth Rabinowitz, and Barrie Cassileth (Barrie Rabinowitz).

Death and legacy

Rabinowitz died June 16, 2001 at the age of 74 from complications of leukemia in a Seattle hospital.[1][9] In remembrance of him, Governor Tony Knowles ordered Alaska state flags to be lowered to half-staff for five days. Said Knowles,

"Jay Rabinowitz devoted his life to the law.... He began his career when Alaska was a young state. His steady, thoughtful manner resulted in a body of law that will have a lasting impact on Alaska as we know it. I personally sought his guidance and input on a number of critical issues facing our state. I will miss his sense of humor and his integrity. Jay's legacy will not be forgotten."

The Rabinowitz Courthouse in downtown Fairbanks, Alaska, and the Alaska Bar Association's Jay Rabinowitz Public Serive Award are named after him.[9][10][3]

Notes

1. The Political Graveyard: Index to Politicians: R to Radzevich
2. "Alaska Flag Lowered for Supreme Court Justice Jay Rabinowitz - Alaska Pacific University, 19 June 2001". Archived from the original on 29 September 2004. Retrieved 2005-09-14.CS1 maint: BOT: original-url status unknown (link)
3. "Jay Rabinowitz Public Service Award". Alaska Bar Association. Retrieved 12 June 2020.
4. "Archived copy". Archived from the original on 2010-01-12. Retrieved 2009-12-14.CS1 maint: archived copy as title (link) Article 4 of the Alaska Constitution
5. Alaska Law Review: Chief Justice Warren W. Matthews, 15 Alaska L. Rev. 201 (December 1998)
6. Feldman, J. and Orlansky, S., "Justice Rabinowitz And Personal Freedom: Evolving A Constitutional Framework," 15 Duke-Alaska Law Review 1 (June 1998).
7. "Jay Rabinowitz; Judge Legalized Marijuana Use in Private Homes". LA Times. Los Angeles, United States. 3 July 2001. Retrieved 12 June 2020.
8. 15 Alaska L. Rev. 197 Archived 2006-09-19 at the Wayback Machine Andrew Kleinfeld
9. 3.9 Drinking with Buildings
10. International Jewish Cemetery Project - Alaska Archived 2007-02-08 at the Wayback Machine

Legal offices
Preceded by Harry Arend	Associate Justice of the Alaska Supreme Court 4 March 1965-29 February 1997	Succeeded by Alex Bryner
Preceded by George Frank Boney	3rd Chief Justice of the Alaska Supreme Court 25 September 1972-1975	Succeeded by Robert Boochever
Preceded by Robert Boochever	5th Chief Justice of the Alaska Supreme Court October 1978-1981	Succeeded by Edmond W. Burke
Preceded by Edmond W. Burke	7th Chief Justice of the Alaska Supreme Court 1984-1 October 1987	Succeeded by Warren Matthews
Preceded by Warren Matthews	9th Chief Justice of the Alaska Supreme Court 1990-1992	Succeeded by Daniel A. Moore Jr.