BMHS Shield CRIMSON SHIELD
THE ONLINE MAGAZINE OF BROTHER MARTIN HIGH SCHOOL
BMHS Shield
January 2013
Published Monthly September through May
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From Band to Bench

Judge Kurt Engelhardt ('78) didn't plan on a career in the law until late in his undergraduate years.
  • He grew up near the Lakefront Airport and attended Lakewood and St. Pius X schools.
  • Following in the footsteps of his older brother Tod ('76), Kurt came to Brother Martin as an eighth grader.

My first experience of Brother Martin was Band Camp the summer before my eighth grade year. It was Arthur Har­dy's first day on the job after being hired to replace Brother Virgil and assist Keith Keller, the new Band Director.

  • Arthur remembers Kurt as not as serious as his older brother, who is now a surgeon.
  • Kurt played flute and piccolo in the band and alto sax in the stage band. He served as Drum Major his senior year.
At first, the band had no uniforms. We wore our NJROTC dress blues and marched in Gentilly parades like Pandora and Hercules.
 Kurt Engelhardt at Band Camp
Kurt Engelhardt (glasses) at Band Camp (photo courtesy of Arthur Hardy)

 

Drum Major Kurt Engelhardt
Drum Major Kurt Engelhardt
(coutesy of Arthur Hardy)

Golden Crusader Kurt Engelhardt
Kurt with his Golden Crusader

  • Kurt remembers Brother Warren, his eighth-grade religion teacher, and the tandem of Brother Rene and Brother Chris­topher, who taught reading. Kurt got an early introduction to what was expected of Crusaders when Brother Rene chewed out the smartest student in the class for smiling. Everyone knew this man was serious.
  • Other teachers he remembers fondly are Brother Leo, Guy Nelson, Brother Maurus, Jack Schommer, Nick Lagatutta, Brother Francis David, Brother Carl, Brother Farrell (great masses in the Resource Center), Marty Hurley, as well as his Geometry teacher.
  • Kurt served on the newspaper staff, the Key Club, and the Student Council. His Brother Martin career culminated in a Golden Crusader award.
He attended UNO for a year and a half before transferring to LSU when he was more mature.

I did just the opposite of many grads who started at LSU and returned home to UNO after a year or two.

  • Kurt played an odd pair of instruments in the Tiger Band for one year. LSU traveled to Notre Dame for the second game of the 1981 season. The entire band made the trip, during which one of the trombone players broke his ankle.
  • So the band director, Frank Wickes, asked Kurt to carry a trom­bone during the halftime shows the rest of the season while still playing piccolo pregame and in the stands.
  • Not content to just hold the instrument while marching, Kurt got rudimentary lessons from the trombone leader and, by the end of the season, estimates he played 80% of the notes during the halftime show.
As he completed his degree in history, Kurt decided to enter LSU Law School.
  • My father suggested the law as a career because I liked to argue.
  • After just one week, when several had already dropped out, he knew he had made the right decision.
  • After graduation in 1985, he served two years as a clerk for Judge Charles Grisbaum (SA '55) of the Louisiana Fifth Circuit Court of Appeals.
  • Kurt then joined a mid-size New Orleans law firm where he handled mostly commercial litigation. In law school, he didn't think he'd be a litigator, but once he actually got into courtrooms, he changed his mind, in part because he liked the competitive aspect of cases.

During this period, he became civically active, which would prove to be a crucial step on his path to becoming a judge.

  • He joined the Alliance for Good Government and became involved in Republi­can political campaigns, including David Vitter's first run for the state legis­lature.
  • Kurt was appointed by the Governor to serve a four year term on the State Judiciary Committee, which hears ethical complaints made against state judges. He was elected Chair of the Commission his last year. That experi­ence piqued his interest in what judges do on a day-to-day basis.

In 1999, an opening occurred in a judgeship in Jefferson Parish.

  • But Vitter, who entered the U.S. House of Representatives that year, urged Kurt to wait and see what would happen in 2000. The Governor of Texas is running for president.
  • Kurt worked for George W. Bush's campaign and attended his inauguration.
  • When a new administration takes over in Washington, they compile lists of candidates for the multitude of government positions, including judgeships.
  • Then-Congressman Vitter put Kurt's name on the Louisiana Congressional delega­tion's list with the support of both Democratic senators, John Breaux and Mary Landrieu, and Billy Tauzin, the ranking Republican representative.
  • As a result, Kurt went to the White House in April 2001 for an interview with three staff members, who asked questions about his judicial philosophy. They also asked, Is there anything in your past that might embarrass the president if he nominates you? Kurt then met for 40 minutes with the White House Coun­sel, Alberto Gonzalez (who would become Attorney General in President Bush's second term). Kurt thought he was ready for any question but was taken aback when Gonzalez asked, What would your wife say about you?
  • He also had to fill out a stack of questionnaires and forms. The FBI did the customary background check on him. They asked him for every address where he had lived.

My neighbors asked me if I was in trouble since the FBI had called on them. They even interviewed my college roommates.

In August 2001, the president nominated Kurt for a vacant position on the U.S. District Court for the Eastern District of Louisiana.

  • He was immediately sent more questionnaires by the Senate Judiciary Com­mittee, which would hold a hearing before sending his nomination to the full Senate for approval.
  • A Times-Picayune reporter requested an interview with the nominee. So Kurt met with her in his law office on the morning of 9/11.

I saw on the TV that a plane had crashed into the Trade Center but thought it was just an accident. When I turned on the TV after the interview, I learned of the terrorist attacks. Her article never ran in the Picayune.

  • He expected his confirmation would be delayed because of the attacks, but the opposite took place for two reasons. First, bipartisanship flourished during the wave of patriotism and, secondly, the government was anxious to show that it was functioning normally despite the disruptions.
  • So he flew to Washington shortly after 9/11 for the hearing. First, several members of the Senate staff prepped him by hitting him with questions he might face from the Committee. They instructed him to be more vague and offer fewer details in his answers.
  • As it turned out, the members of the committee gave him only "softball" questions, in large part because both Democratic senators from Louisiana testified on his behalf along with Representative Vitter.
  • So Kurt was confirmed on December 11, 2001, and took the oath two days later.

 

Honorable Kurt Engelhardt
Judge Kurt Engelhardt

Judge Engelhardt's longest and toughest case has been the Danziger Bridge shootings, which was assigned to him by random allotment.
  • On August 5, 2011, five New Orleans police officers were con­victed of a myriad of charges related to their shooting unarmed citizens on the Danziger Bridge (right near where Kurt grew up) on September 4, 2005, and covering up their actions.
  • On April 4, 2012, Judge Engelhardt sentenced each defendant to the lengthy mandatory statutory minimum number of years re­quired by law on certain counts. However, the mandatory mini­mum sentences alone added up 35 years for three defendants and 60 years for a fourth.
  • At the sentencing hearing, Judge Engelhardt expressly noted his deep concern over the prosecution's use of co-defendant wit­nesses who benefitted from being chrged with much lesser crimes carrying no mandatory minimum sentences as a result of generous plea bargains.
  • Because of appeals and the need to retry another defendant, the case is far from over.

The case is the prime example of the responsibility each judge faces.

  • Kurt admits he sometimes loses sleep during cases such as this, and others, given the importance of these decisions to all involved.

The morality instilled in me by my parents and my Catholic ed­ucation helps me keep things in perspective. Prayer is an im­portant part of my job. I couldn't do the job without it.

  • Several times a week, he goes to 11:30 AM Mass at St. Patrick's down Camp Street from the Federal Courthouse on Poydras. It's good to get away to see the big picture.
  • So far, he hasn't had to deal with a case involving Roe v Wade or been asked to sign a stay of execution.

Judge Engelhardt is glad to be in the Federal court system rather than presiding in a state court.

  • State judges must run for office and be reelected and thus must be sensitive to and subject themselves to that process.
  • As a federal judge, he is appointed for life under Article III of the Constitution and serves until he decides to retire.

I plan to continue as long as I enjoy it. As tough as the deci­sions sometimes are, it's a wonderful opportunity to serve.

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