Finesilver renowned as jurist

Denver native dies at 79; a Republican elected in Dem town

Sara Burnett, Rocky Mountain News

Published October 13, 2006 at midnight

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If you asked the typical Denverite in the 1960s or '70s to name a judge, most people would respond with one name: Sherman Finesilver.

A Denver native and one-time high school football star, Finesilver was a Republican popular enough to be elected judge with the most votes - twice - in a Democrat-dominated city.

He was seemingly everywhere - urging the governor to study the increasing use of LSD among teens and to force hospitals to report child abuse, publishing a 20-page booklet for women on how to defend themselves and opening a driving improvement school to make the state's roads safer.

At high schools, he spoke to students about reaching out to "loners." Before various community groups, he assailed the evils of divorce.

In 1967, he even flirted with the idea of running for mayor.

"He was a Denver legend," Craig Silverman, a local attorney who grew up around the corner from the Finesilvers, said.

Finesilver, known most recently as the former chief judge of the U.S. District Court in Denver, died Thursday.

He was 79.

Finesilver, the son of a railway mail clerk who didn't get beyond the sixth grade, graduated from North High School and the University of Colorado, where he was a member of Phi Sigma Delta fraternity.

He enrolled in the CU School of Law, but was kicked out after his first year because of low grades.

In an essay Finesilver wrote for a 1995 issue of Reader's Digest, he recalled breaking the news to his father.

"Even today words cannot describe my upset," he wrote.

Finesilver got a second chance at Westminster Law School, now the University of Denver School of Law. The dean made him repeat his first- year courses, but this time, Finesilver worked harder and grew to love the law, he wrote.

Finesilver worked in the city attorney's office after passing the Colorado Bar. Just three years later, he was appointed a municipal judge. In 1962, he began nine years of service as a Denver District Court judge.

During that time, Finesilver presided over the domestic relations division. It was an area close to Finesilver's heart, and the father of three often spoke of the importance of a strong family life and a healthy marriage.

"It is not only marrying the right partner, but being the right partner," he once told a gathering of Republican women, according to a news account of the speech.

Finesilver became a federal judge in 1971.

Among his most high-profile cases, he presided over the plea bargain for Rockwell International, the operator of the former Rocky Flats nuclear weapons plant, and the cleanup of Lowry landfill.

He was perhaps best known, though, for his skill at getting attorneys to reach settlements.

In 1991, the national Almanac of the Federal Judiciary described him as an "arm twister," but his former colleagues said Thursday there was more to it than that - though no one ever figured out just how he did it.

"He did it, and he did it in some very difficult cases, including some of mine that I thought were impossible," U.S. District Court Judge Richard P. Matsch said.

Finesilver's career wasn't without controversy.

Shortly before he retired in 1994, the U.S. Department of Justice investigated allegations that Finesilver filed false expense claims for his work as a visiting judge in Florida. The department closed the case, which focused on about $11,000 in expenses, without prosecuting him.

At the time of his retirement, Finesilver said he looked forward to spending more time with his grandchildren and the rest of his family. He also expressed appreciation for the opportunity to have served.

"It's been a fantastic experience I will ever hold dear," he said.

Finesilver is survived by his wife, Annette; sons Jay and Steve Finesilver and daughter Susan Finesilver, and 11 grandchildren.

Services are scheduled for 1:30 p.m. Sunday at Temple Emanuel, 51 Grape St., in Denver.

Milestones in Finesilver's life

1955: Three years after passing the bar, appointed a municipal judge in Denver.

1962: Elected to serve as a Denver District judge. Re-elected four years later.

1971: President Nixon appoints Finesilver a federal district judge.

1982: Named chief judge.

1994: Retires.

Noteworthy cases

In 1994, ruled that Colorado's fledgling charter schools did not violate the state constitution.

In 1992, presided over plea bargain by Rockwell International, operator of Rocky Flats. Rockwell agreed to pay $18.5 million - five times more than any other hazardous waste case in U.S. history.

In 1982, said Colorado could not enforce a law prohibiting the sale of drug parapharnelia at so-called head shops.

In 1975, overturned a Colorado law requiring girls under 18 to have their guardian's consent for an abortion.

In 1973, ordered 148 butchers at Wilhelm Foods to return to work amid fears that a strike would cause the company to lose thousands of dollars in perishable meat.

Finesilver remembered

"He was so well- known. You'd walk down the street with Shermy, and hell, you couldn't get anywhere. People were always walking up to him, or he was saying hello to them."

Jim Carrigan former U.S. District Court judge

"He was just an all-around, good kind of guy."

Jerry Mellman attorney and lifelong friend

"He was a Denver legend."

Craig Silverman attorney who grew up around the corner from the Finesilvers

In his own words

"Sooner or later, everyone will fall short at something important to them - whether it be a job, a dream or a relationship. Flunking out of law school, I believe, made me a better judge; it certainly taught me about the frailties of the human condition, and about the need to give people second chances. But failure also taught me that life is a road with unpredictable forks and unexpected tomorrows. To take advantage of them, you can't let yourself be destroyed by a defeat, or let others set the limits on your ability to achieve."

Sherman Finesilver in a 1995 essay he wrote for Reader's Digest, on flunking out of the CU School of Law

burnetts@RockyMountainNews.com or 303-954-5343

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