Gerald Rosen, the judge who helped save Detroit, retires

At the tail end of his career, he helped save the City of Detroit.

The well-connected federal judge tapped some big contributors and masterminded an $820-million deal that rescued Detroit from bankruptcy.

But long before landing in the vortex of the city's historic bankruptcy,  U.S. District Judge Gerald Rosen was known as a gutsy decision maker.

He overturned Michigan’s ban on partial-birth abortions — which upset his Republican friends and cost him a seat on a higher court.  He overturned the terrorism convictions of three men in what was the nation’s first post-911 terrorism trial. And he threw out what was perhaps the most sensational lawsuit in Detroit's recent history: the infamous Strawberry case, in which the family of  slain stripper Tamara Greene claimed that former Detroit Mayor Kwame Kilpatrick sabotaged her murder investigation to protect himself and his wife because Greene supposedly danced at a rumored but never-proven party at the Manoogian Mansion and was attacked by the mayor's wife.

Terrorism. Scandals.  Casino gambling. Assisted suicide.

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This was Rosen's life on the  bench for  25 years,  a colorful chapter of his life that will officially end on Jan. 31 when he retires from the bench.

At 65, Rosen is starting a new career — one that the bankruptcy well prepared him for. He's joining a legal mediation service in downtown Detroit, where his new gig resolving legal disputes will no doubt feel like a bankruptcy reunion. Joining Rosen in his new endeavor is retired U.S. Bankruptcy Judge Steven Rhodes, who oversaw the bankruptcy case and chose Rosen to mediate the controversy; attorney Clarence (Rocky) Pozza Jr.,  the lawyer who represented the City of Detroit in the bankruptcy case, and Mary Beth Kelly, a prominent Detroit lawyer and former Michigan Supreme Court justice and former chief judge of Wayne County Circuit Court.

"I've had 32 years in public service. I've enjoyed every  minute of it. But this is the time to try something new," Rosen said in a recent interview, noting that at 65, "I've still got a lot of gas left in the tank."

And he'll still be working in the city he loves.

"I'm a Detroiter. I don't make any apologies for that," said Rosen, a die-hard Tigers fan who lives in Oakland County and has spent nearly his entire life in metro Detroit.

During an interview in his office filled with Detroit memorabilia — including a baseball autographed by Tigers legend Al Kaline —  Rosen said his role in the bankruptcy was to protect the pensions, the art collection, and most importantly, "it was about saving the City of Detroit."

" We were pretty beaten down. People were writing our obituary ... and now there is much more optimism and hope and enthusiasm," said Rosen, citing the recent boom in downtown businesses, restaurants, jobs and housing.  "I''ve never experienced anything like this."

For U.S. District Judge Avern Cohn, Rosen's departure from the bench is a real loss to the judiciary.

"I would have preferred him to do otherwise, but I respect his leaving," said Cohn, who believes Rosen will thrive in the private world helping parties resolve legal disputes. "What the court has lost the public has gained."

Cohn described Rosen as a "particularly fine" judge who managed to set aside political consequences in controversial cases and follow the law.  For example,  in 1997, Rosen struck down Michigan's ban on partial-birth abortions, concluding it was unconstitutionally vague. It was a noteworthy ruling given that Rosen was appointed to the federal bench by Republican President George H.W.  Bush. He was expected by some  to go in the other direction.

"Sometimes, judges come to a fork in the road in making a decision," Cohn said. "He set aside the political consequences and followed the law."

A decade after  that decision, Rosen recalled the fallout from the ruling:  "I probably disappointed a lot of Republican friends. I know I did ... But it was clear. That's what the law was directing me to do."

And it cost him, noted prominent criminal defense attorney Bill Swor.

"That cost him an appointment to the (U.S.) 6th Circuit Court of Appeals. That certainly showed courage," Swor said

Years later Rosen would impress him again.

In 2004, Swor represented one of the defendants in the terrorism trial that ultimately ended with Rosen throwing out the convictions because of prosecutorial misconduct. He recalled how Rosen ordered the Department of Justice to appoint an outside prosecutor to conduct a complete investigation, which revealed that prosecutors had withheld evidence favorable to the defendants.

"Some judges might have simply found a way to dismiss the issue," Swor said. "It was because of that outside investigation and the manner in which Judge Rosen handled it that the truth came out and three innocent men were acquitted."

Swor added: "(Rosen) was very aware of the social and political implications and the environment in which we were living."

He noted jury selection in the case started on the day the U.S. invaded Iraq. "We certainly were grateful that he looked at the facts and a made a fair decision."

Rosen, who is married with a 19-year-old son, Jake, grew up in Oak Park. His father was a heating and cooling wholesaler; his mother a psychologist. He graduated from Oak Park High School in 1969 and went on to study political science at Kalamazoo College.

As a young man, he had political aspirations, interning for Gov. William Milliken and later working as legislative aide for Michigan Sen. Robert Griffin — both of them Republicans. In 1982, he ran for Congress, losing to Democrat Sander Levin. That was three years after he had received his law degree from George Washington University.

For 11 years, he represented corporate clients at Detroit's Miller, Canfield, Paddock and Stone. In 1990, he was appointed to the federal bench and eventually became chief judge in 2009  because of his seniority. His accomplishments included improving the diversity of the jury pool in the Eastern District of Michigan, securing $140 million to renovate the federal courthouse, and avoiding layoffs during budget crises.

"He would tell anybody that he loves being a judge. Many of us are kind of surprised that he's leaving because he very enthusiastically takes on all parts of his job ... I think he really loves being a judge," said Chief U.S. District Judge Denise Page Hood, who replaced Rosen last year.

Hood described Rosen as a Churchill enthusiast and an overall  "multidimensional person" who was genuine, always on the go and could talk about the law forever.

"His enthusiasm and contagion will have to be picked up," Hood said. "His I-can-talk-about-court-all-day-long attitude  ... Not everybody can do that."

Rosen's new mediation job will begin Feb 1, when the Detroit branch of Judicial Arbitration and Mediation Services (JAMS) opens its doors. JAMS, based in Irvine, Calif., has two dozen offices nationwide.

For Rosen, JAMS' move to Detroit is one more boost for the city.

Contact Tresa Baldas: tbaldas@freepress.com. Follow her on Twitter @Tbaldas.