CEREMONY OF THE OATH

PRESIDENT JUDGE JOSEPH A. DEL SOLE

MAY 8, 2001 - PITTSBURGH

Our esteemed Crier, Patrick Carey, has opened this Ceremonial Session of the Superior Court with the traditional invocation: OYEZ, OYEZ, OYEZ.

It occurs to me that this Ceremonial Session could also quite appropriately be termed a Celebration Session or a Festival Session, and that the traditional OYEZ invocation of the Crier could be replaced by: ALLELUIA! ALLELUIA! ALLELUIA! And why not, for surely this is the day that Heaven has made for Joe Del Sole, the celebration of his ascendancy to the illustrious position of President Judge of the Superior Court.

It is a role of honor and joy that I serve this afternoon … an honor exceeded only by my gratitude and joy – gratitude for the decision of our President Judge that I commence this Ceremony of the Oath in this awesome forum, this grand appellate chamber … and joy because the individual who will lead this Court through the approaching demi-decade, is an individual who knows and loves the law and this Court, an individual of both uncommon wisdom and common touch, an individual for whom all of the Judges of this Court have a very real respect and deep affection.

This Ceremony of the Oath of President Judge Del Sole is, as well, a Celebration of Salute to Karen Del Sole and the entire Clan Del Sole, and we bid welcome and gratitude to the distinguished lawyers, scholars, and jurists, who are present this morning to enhance that salute to this exceptional family.

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PRESIDENT JUDGE JOSEPH A. DEL SOLE – Joe Del Sole to most, and Li’l Joe to a particular friend, has been described as a wise Judge, an insightful jurisprudential scholar, a kindly professor, and a most enjoyable companion – in sum, the splendid Judge, the worthy academic, the true friend.

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President Judge Del Sole has been a Pennsylvania jurist for more than 23 years, six upon his beloved Allegheny Court of Common Pleas, where he quickly gathered recognition for his keen mind, intuition for the pragmatic, and kindly temperament – and most recently, 18 years as a valued colleague upon the Pennsylvania Superior Court. As importantly, he was elected in 1993 by the 12 members of the Judicial Conduct Board to be the very first Chairman of that Board, at a very critical time, since it was necessary for the founding Chairman of that Board to be acutely aware that the rules and regulations and procedures and practices which that Board would adopt must achieve a precious balance in the need to inspire within both the citizenry, as well as the judiciary of the Commonwealth, a confidence in the integrity and competence of the judicial conduct review process – an assignment he performed superbly.

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[Hear now, for a few moments, a recommendation to the Board of Overseers of the University of Virginia Law School where he was invited to join the prestigiously select Masters Program for Appellate Judges, and achieved the degree of Master of Laws in 1992:

The entire membership of the Superior Court has been the beneficiary of his excellence of effort. He is considered somewhat of a marvel for his instinctive ability to immediately grasp the issue, recite the applicable authorities, and then express his conclusions in a most compelling fashion.

Moreover, Judge Del Sole is constantly challenging his own conclusions, and displays a particular ability to balance the pragmatic with the theoretical as he strives for changes which improve.

While your special focus is the superb quality of his contributions to the law and the judiciary, it is clear that he is an attentive and caring friend who is held by his associates in earned respect and deep affection.

Could there be a more eloquent testimonial … nay, one must say! And, may I assure you, this tribute, and the spirit which moved it, are as true and real today as they were a decade ago.]

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As Plato and Augustine and Aquinas and Marshall have each insightfully lessoned, the lawgiver, for all intents and purposes, is not he who has the authority to write or speak the law; rather, the lawgiver is he who has authority to interpret the law. Thus, the power of the Court is in the words of the Court, for it is with words that the Court commands and restrains both public power and private interest, doing so without sword or purse, because the power of the Court is the power of words as spoken from the bench and inscribed upon its decrees.

If the power of the Court is based upon words of power, then the word that gives power to the Court is Justice. Is it not clear, however, that because the Court is institutional, the word Justice is but a concept? Thus it follows that a Court can deliver justice only when its members are just judges. And may I tell you, Judge Del Sole represents the epitome of the term: A just judge.

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Joe, as this assembly accords you acclaim and appreciation, I know that your generous heart thanks Heaven for the gifts with which you have been blessed:

A special insight that enables you to present concepts of vision, with an eye that ranges far ahead of the obvious and into the field beyond.

A firm determination and boundless energy which lend their fervent wings to attainment.

A gentle, tolerant spirit which blends so nicely your abundant ebullient instincts to bring others accomplishment and you fulfillment.

Thus it is that the Judges of this Court, each and all, respect you … admire you … salute you … and deliver our leadership into your exceptional mind and generous heart.

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