Herbert Hutton, judge in Merlino case, dies

The federal judge who presided over the racketeering trial of Philadelphia mob boss Joseph "Skinny Joey" Merlino and five associates in 2001 died on Easter at Saunders House in Wynnewood.

U.S. Senior District Judge Herbert J. Hutton, who was known for his dry sense of humor, was 69 and lived in Mount Airy.

Court colleagues said he had been ill for about a year.

Hutton, a Republican, was nominated to the federal court by President Reagan in May 1988 and confirmed by the Senate that August.

Hutton was a 1959 graduate of Lincoln University and graduated from Temple University Law School in 1962.

After a brief stint as an attorney with the Pennsylvania Housing and Home Finance Agency, Hutton joined the prestigious Center City law firm of Norris, Schmidt, Green, Harris and Higginbotham, the first African-American law firm in Philadelphia.

In addition to Hutton, two of the firm's partners - Clifford Scott Green and A. Leon Higginbotham Jr. - also went on to become federal judges.

U.S. District Chief Judge Harvey Bartle III recalled Hutton yesterday as an "affable colleague" who would be missed.

U.S. Senior District Judge Green said Hutton was devoted to the court.

Green said Hutton, who was active in community affairs before being elevated to a federal judgeship, curtailed those kinds of activities after he became a judge.

"He didn't think he could be loyal to his oath as a judge and also be involved in a lot of community work," Green said.

Philadelphia Common Pleas Judge Leon W. Tucker said Hutton was a friend and a mentor.

"He taught me a lot about reputation, integrity, being prepared and making sure things were done right," Tucker said.

In the courtroom, Hutton had a reputation for fairness and "would not take crap" from either prosecutors or defense attorneys, said prominent criminal-defense attorney Christopher D. Warren.

Hutton is survived by a daughter and two sons. Funeral arrangements are pending. *