Walter Henry Cleary (November 17, 1887 – April 12, 1974) was a Vermont attorney and judge. His career was most notable for his service as an associate justice of the

Vermont Supreme Court The Vermont Supreme Court is the highest judicial authority of the U.S. state of Vermont. Unlike most other states, the Vermont Supreme Court hears appeals directly from the trial courts, as Vermont has no intermediate appeals court. The Court ...

from 1948 to 1958, and chief justice from 1958 to 1959.

Early life

Cleary was born in

Lyndonville, Vermont Lyndonville is a village in the town of Lyndon, in Caledonia County, Vermont, United States. Lyndonville's population was 1,136 at the 2020 census. It is the closest community to the Lyndon campus of Northern Vermont University. History In 1883 ...

on November 17, 1887, the son of John and Mary Louise (McArthur) Cleary. He was educated in Lyndonville, and graduated from

Lyndon Institute Lyndon Institute is a coeducational, nonprofit, independent, day and boarding comprehensive high school located on a campus in the village of Lyndon Center, in the town of Lyndon, Vermont. It provides education for grades 9 through 12 for both l ...

in 1906. Cleary was a 1911 graduate of

Middlebury College Middlebury College is a private liberal arts college in Middlebury, Vermont. Founded in 1800 by Congregationalists, Middlebury was the first operating college or university in Vermont. The college currently enrolls 2,858 undergraduates from all ...

(

A.B. Bachelor of arts (BA or AB; from the Latin ', ', or ') is a bachelor's degree awarded for an undergraduate program in the arts, or, in some cases, other disciplines. A Bachelor of Arts degree course is generally completed in three or four years ...

) (

Phi Beta Kappa The Phi Beta Kappa Society () is the oldest academic honor society in the United States, and the most prestigious, due in part to its long history and academic selectivity. Phi Beta Kappa aims to promote and advocate excellence in the liberal a ...

Delta Upsilon Delta Upsilon (), commonly known as DU, is a collegiate men's fraternity founded on November 4, 1834 at Williams College in Williamstown, Massachusetts. It is the sixth-oldest, all-male, college Greek Letter Organizations#Greek letters, Greek-let ...

, Phi Delta Phi), and taught at the Mitchell School in

Billerica, Massachusetts Billerica (, ) is a town in Middlesex County, Massachusetts, United States. The population was 42,119 according to the 2020 census. It takes its name from the town of Billericay in Essex, England. History In the early 1630s, a Praying Indian ...

from 1911 to 1913. He was a 1915 graduate of

Boston University School of Law Boston University School of Law (Boston Law or BU Law) is the law school of Boston University, a private research university in Boston, Massachusetts. It is consistently ranked among the top law schools in the United States and considered an eli ...

( LL.B.).

Early career

Cleary practiced law in

Newport Newport most commonly refers to: *Newport, Wales *Newport, Rhode Island, US Newport or New Port may also refer to: Places Asia *Newport City, Metro Manila, a Philippine district in Pasay Europe Ireland *Newport, County Mayo, a town on the ...

. A Republican, from 1916 to 1934 he was a U.S. Commissioner, empowered to conduct initial hearings on cases including illegal entry into the United States and

Prohibition Amendment The Eighteenth Amendment (Amendment XVIII) of the United States Constitution established the prohibition of alcohol in the United States. The amendment was proposed by Congress on December 18, 1917, and was ratified by the requisite number of ...

violations. He was Newport's city attorney from 1922 to 1934, and was president of the Vermont Bar Association from 1932 to 1933. Cleary was president of the National Bank of Newport from 1933 to 1934. In addition to his career as an attorney, Cleary was a trustee of

Saint Michael's College Saint Michael's College (St. Mikes or Saint Michael's) is a private Roman Catholic college in Colchester, Vermont. Saint Michael's was founded in 1904 by the Society of Saint Edmund. It grants Bachelor of Arts and Bachelor of Science degrees i ...

and the Vermont State Library. He was a longtime member of St. Mary Star of the Sea Catholic Church in Newport. Cleary was also active in the Knights of Columbus, and held several leadership roles at the local and state level.

Career as judge

In 1934, Cleary was appointed a judge of the

Vermont Superior Court The Judiciary of Vermont is the state court system of Vermont, charged with Vermont law. Vermont Constitution The Vermont courts are established in the Vermont Constitution in sections 28-41 (Judiciary Department). The justices of the Vermont S ...

. He advanced through seniority to become the court's chief judge in 1938, and served in this position until 1948. In 1948, Cleary was appointed an associate justice of the

, replacing Allen R. Sturtevant, who had retired. He served until 1958, when he was appointed to replace Olin M. Jeffords as chief justice. He held this post until retiring in March 1959, which was required because he had reached the mandatory retirement age of 70. He was succeeded as chief justice by Benjamin N. Hulburd.

Awards

Cleary received the

honorary degree An honorary degree is an academic degree for which a university (or other degree-awarding institution) has waived all of the usual requirements. It is also known by the Latin phrases ''honoris causa'' ("for the sake of the honour") or ''ad hono ...

of LL.D. from the

College of the Holy Cross The College of the Holy Cross is a private, Jesuit liberal arts college in Worcester, Massachusetts, about 40 miles (64 km) west of Boston. Founded in 1843, Holy Cross is the oldest Catholic college in New England and one of the oldest ...

in 1943. In 1950, he was awarded an honorary

J.S.D. A Doctor of Juridical Science (SJD; ), or a Doctor of Science of Law (JSD; ), is a research doctorate in law equivalent to the more commonly awarded Doctor of Philosophy degree. Australia The S.J.D. is offered by the Australian National Unive ...

from

Suffolk University Law School Suffolk University Law School (also known as Suffolk Law School) is the private, non-sectarian law school of Suffolk University located in downtown Boston, Massachusetts, across the street from the Boston Common and the Freedom Trail, two block ...

. He was awarded an LL.D. from

in 1958.

Death and burial

Cleary died at a nursing home in Newport on April 12, 1974. He was buried at St. Elizabeth's Cemetery in Lyndonville.

Family

In 1917, Cleary married Arlene M. Decoteau. They were the parents of a son, John McArthur Cleary (1918-1984), an editorial writer for the ''

Hartford Times ''The Hartford Times'' was a daily afternoon newspaper serving the Hartford, Connecticut, community from 1817 to 1976. It was owned for decades by the Gannett Company which sold the financially struggling paper in 1973 to the owners of the ''New H ...

'', and a daughter, Louise Ellen (1920-2006), the wife of Charles Horvath.

References

Sources

Books

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Newspapers

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External links

* {{DEFAULTSORT:Cleary, Walter H. 1887 births 1974 deaths Middlebury College alumni Boston University School of Law alumni People from Lyndonville, Vermont People from Newport (city), Vermont Vermont lawyers Vermont Republicans Justices of the Vermont Supreme Court Burials in Vermont 20th-century American judges 20th-century American lawyers