Controversial Prof. Fried Faces Battle for SJC Seat

BOSTON--More than 50 people, including Harvard President Neil L. Rudenstine, debated the character of Supreme Judicial Court nominee and Law School professor Charles Fried during two days of public hearings that concluded yesterday.

Friends and foes of Fried, who is the Carter professor of general jurisprudence, testified before the seven members of the Governor's Council at the Gardner Auditorium in the State House.

Fried, who was nominated by Governor William F. Weld '66 to the state's highest court in late June, has faced severe criticism from liberal organizations across Massachusetts since his nomination was announced.

More than 30 witnesses, including Rudenstine, testified Wednesday on Fried's behalf.

Rudenstine, who was also Fried's classmate at Princeton in the late 1950s, said Fried was a man of "integrity and conscience" and that he would "bring deep learning and a powerful mind to the court," according to the Associated Press.

And Viet Dinh, one of Fried's former students, recalled how Fried had assisted with attempts to free his sister from a refugee camp in Hong Kong after she had fled Vietnam.

"He took genuine interest in my sister's plight," said Dinh, who is now an associate special counsel to the U.S. Senate.

Fried's Opponents

Those who opposed Fried had their say before the committee yesterday.

Lester P. Lee Jr., a Cambridge City Council candidate who testified against Fried in the hearings, said Fried's conservative views would hurt the people of Massachusetts.

Lee said Fried's views would result in "decisions that would roll back the privileges in this society."

Lee described Fried as "the picture of a conservative, right-wing ideologue whowould tamper with the rights of the people."

And Julia Gordon, one of Fried's formerstudents, told the Governor's Council about astudent protest held inside his office in 1992.

"He was out of control," Gordon said,describing the professor's reaction to the sit-inthat 15 students staged to protest Fried'sallegedly discriminatory hiring practices of staffassistants.

As a result of the 1992 incident, many liberalorganizations have questioned whether Friedpossesses a judicial temperament.

And Dorothy A. Kelly-Gay (D-Somerville), chairof the Governor's Council, has said the questionof Fried's temperament concerns her.

Fried, while calling the temper outburst "amistake," has maintained that he had a right tothrow the protesting students out of his office.

"It's completely inconsistent behavior withrespect for law and orderly behavior," Fried toldthe Crimson last June.

Abortion

Opponents also alleged that Fried has"flip-flopped" his views on a woman's right to anabortion.

As Solicitor General under Ronald Reagan, Friedargued to overturn Roe v. Wade, whichguaranteed a woman's right to choose abortion.Fried's actions as Solicitor General have angeredmany women's groups, most notably the GreaterBoston Chapter of the National Organization forWomen, which organized a rally Tuesday to protestFried's nomination.

Fried has maintained that he was arguing notout of personal conviction but as a representativeof the Reagan Administration.

"I will uphold the precedents and federaldecisions which have been made," Fried said inJune.

And Rudenstine defended Fried's change inviews.

"He can change his mind," Rudenstine said,according to the Associated Press. "He has doneso, and he will do so."

Other witnesses protested Fried's nomination onthe grounds that he is not a minority and will notcontribute to the diversity of the SJC.

The candidate, in his own testimony,anticipated many of the attacks made against himand defended his temperament to the council.

"I want to be a judge out of love for ourliberty, our laws and our constitution," Friedsaid in his opening remarks on Tuesday, accordingto the Boston Globe. He pledged that he would cometo the bench "with no project, no agenda--only tolisten to the arguments in each case as it comesbefore me."

After the conclusion of the hearings, Leelabeled the proceedings "wonderful, even from theviewpoint of Charles Fried."

"What happened was that the voice of thecitizens was heard," Lee said. "The process washandled with tremendous respect for theseriousness of what was at stake."

The Governor's Council is set to interviewFried without further witnesses present nextWednesday. A decision is expected by August 30

And Julia Gordon, one of Fried's formerstudents, told the Governor's Council about astudent protest held inside his office in 1992.

"He was out of control," Gordon said,describing the professor's reaction to the sit-inthat 15 students staged to protest Fried'sallegedly discriminatory hiring practices of staffassistants.

As a result of the 1992 incident, many liberalorganizations have questioned whether Friedpossesses a judicial temperament.

And Dorothy A. Kelly-Gay (D-Somerville), chairof the Governor's Council, has said the questionof Fried's temperament concerns her.

Fried, while calling the temper outburst "amistake," has maintained that he had a right tothrow the protesting students out of his office.

"It's completely inconsistent behavior withrespect for law and orderly behavior," Fried toldthe Crimson last June.

Abortion

Opponents also alleged that Fried has"flip-flopped" his views on a woman's right to anabortion.

As Solicitor General under Ronald Reagan, Friedargued to overturn Roe v. Wade, whichguaranteed a woman's right to choose abortion.Fried's actions as Solicitor General have angeredmany women's groups, most notably the GreaterBoston Chapter of the National Organization forWomen, which organized a rally Tuesday to protestFried's nomination.

Fried has maintained that he was arguing notout of personal conviction but as a representativeof the Reagan Administration.

"I will uphold the precedents and federaldecisions which have been made," Fried said inJune.

And Rudenstine defended Fried's change inviews.

"He can change his mind," Rudenstine said,according to the Associated Press. "He has doneso, and he will do so."

Other witnesses protested Fried's nomination onthe grounds that he is not a minority and will notcontribute to the diversity of the SJC.

The candidate, in his own testimony,anticipated many of the attacks made against himand defended his temperament to the council.

"I want to be a judge out of love for ourliberty, our laws and our constitution," Friedsaid in his opening remarks on Tuesday, accordingto the Boston Globe. He pledged that he would cometo the bench "with no project, no agenda--only tolisten to the arguments in each case as it comesbefore me."

After the conclusion of the hearings, Leelabeled the proceedings "wonderful, even from theviewpoint of Charles Fried."

"What happened was that the voice of thecitizens was heard," Lee said. "The process washandled with tremendous respect for theseriousness of what was at stake."

The Governor's Council is set to interviewFried without further witnesses present nextWednesday. A decision is expected by August 30