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Richard S. Gebelein

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Richard S. Gebelein
Judge Richard S. Gebelein
International Judge on the Court of Bosnia and Herzegovina
In office
2005–2006
Appointed byPaddy Ashdown
Judge of the Delaware Superior Court
In office
October 5, 1984 – August 31, 2005
Appointed byPete du Pont
40th Attorney General of Delaware
In office
January 16, 1979 – January 18, 1983
GovernorPete du Pont
Preceded byRichard R. Wier Jr.
Succeeded byCharles Oberly
Personal details
Born(1946-06-08)June 8, 1946
Darby, Pennsylvania
DiedDecember 22, 2021(2021-12-22) (aged 75)
Wilmington, Delaware
Political partyRepublican
Alma materUniversity of Pittsburgh (BS)
Villanova University (JD)
AwardsLegion of Merit
Bronze Star Medal
Commendation Medal
Achievement Medal
Military service
Branch/serviceDelaware Army National Guard
RankColonel
Battles/warsOperation Enduring Freedom
War in Afghanistan

Richard Stephen Gebelein (June 8, 1946 – December 22, 2021) was an American politician and jurist who served as the Attorney General of Delaware from 1979 through 1983, as a judge on the Delaware Superior Court from 1984 through 2005, and as an international judge in the Court of Bosnia and Herzegovina. He was a member of the Republican Party.

Early life

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Richard Stephen Gebelein was born on 8 June 1946, in Darby, Pennsylvania.  At an early age, Gebelein moved with his family to Longwood Estates, Chadds Ford, Pennsylvania, and attended St. Joseph on the Brandywine for his early education.  Raised a Roman Catholic, Gebelein attended Salesianum School in Wilmington, Delaware, for High School and graduated class of 1964 with honors in mathematics, science, and religion.  Gebelein was later inducted into Salesianum's Hall of Fame in 2017.[1]

In 1980, Gebelein was married to his wife, Anna, and together they raised three children.

Career

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Early career

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Gebelein received his Bachelor of Science in Mathematics from the University of Pittsburgh in 1967. At age 21, Gebelein was elected the youngest magistrate in the Magisterial District Courts of the Commonwealth of Pennsylvania. Gebelein went on to earn his Juris Doctor degree from Villanova University School of Law in 1970.[2]

After graduating law school, Gebelein began work for the State of Delaware as a law clerk for the Honorable William Duffy in the Delaware Court of Chancery and Honorable Vincent J. Bifferato, Jr. in the Superior Court of Delaware.  Gebelein was admitted to the state Bars of the Delaware Supreme Court and Commonwealth of Pennsylvania in November 1971.

In 1971, Gebelein was appointed as a Deputy Attorney General to the Delaware Department of Justice under Attorney General W. Laird Stabler, Jr. and served in that role for 3 years.  Gebelein was appointed as Delaware State Solicitor and admitted to the Bar of the United States Supreme Court In 1974.

In 1975, Gebelein was appointed Chief Deputy Public Defender for the State of Delaware and served in that role until leaving the Delaware Department of Justice in 1976 to practice law as a partner in Wilson A. Whittington, PA.

In 1979, Gebelein returned the Delaware Department of Justice to serve as Attorney General after defeating incumbent Attorney General Richard R. Wier, Jr. in the 1978 General Election.[3]

Attorney General Candidate Political Party Popular Vote
Richard S. Gebelein Republican 88,896 56.14%
Richard R. Wier, Jr. Democrat 68,204 43.07%
William M. Walker, Sr. American 1,239 0.78%

Attorney General of Delaware

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From 1979 through 1983, Gebelein served as the Attorney General of Delaware.[4][5] As Attorney General, Gebelein oversaw statewide criminal prosecutions and investigations of organized crime, including the indictment and prosecution of Frank Sheeren for labor racketeering.

From 1980 through 1983, Gebelein served as a member of the Legislative and chairman of the Institutions and Corrections Subcommittees of the National Association of Attorneys General as well as the member of the United States Department of Justice, Executive Working Group.

In the 1982 Delaware General Election for Attorney General, Gebelein lost his re-election efforts to Charles M. Oberly III.[6]

Attorney General Candidate Political Party Popular Vote
Charles M. Oberly, III Democrat 92,917 49.90%
Richard S. Gebelein Republican 91,740 49.26%
Vernon L. Etzel Libertarian 783 0.42%
Traves V. Brownlee American 782 0.42%

Superior Court of Delaware

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In 1984, after losing his re-election bid as Attorney General, Gebelein was asked by the Delaware Supreme Court to serve as Delaware’s first Disciplinary Counsel on the newly established Board of Professional Responsibility.  In that role, Gebelein was tasked with enforcing the Board’s attorney rules of conduct, investigating, and prosecuting matters related to ethical violations.

Subsequently, Gebelein was appointed by Governor of Delaware Pete du Pont to the Delaware Superior Court as an Associate Judge and took office on October 5, 1984.[7]

In 1989, Judge Gebelein served as the trial judge during the prosecution of Steven Brian Pennell, The Route 40 Killer.  During the course of the trial, Judge Gebelein set legal precedent by admitting DNA collected from carpet fibers into the case as absolute legal evidence.  It was the first trial in the United States to use DNA as legal evidence in such a manner.

During his tenure with the Delaware Superior Court, Judge Gebelein served as a commissioner (1985) and later the chairman (1988) of Delaware’s Sentencing Accountability Commission, which was tasked by the Delaware General Assembly to exam suitable punishment or supervision alternatives to incarceration for non-violent criminal offenders.[8]

Judge Gebelein's work on establishment of the Delaware Superior Court Drug Court received national recognition.[9]

In 1994, Gebelein was a founding member of the National Association of Drug Court Professionals.

Gebelein testified as an expert on Drug Courts before the United States Congress in 1995[10][11][12] and 1996.

Military Service

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In 1979, Gebelein joined the Delaware Army National Guard as an Assistant Staff Judge Advocate in  the Judge Advocate General’s Corps.

From September 2004 through March 2005, Gebelein, a Colonel in the Delaware Army National Guard, and Staff Judge Advocate General, was deployed to Afghanistan, and assisted in helping to rebuild its judicial system as Rule of Law Officer for the Combined Forces Command during Operation Enduring Freedom.[13]

Colonel Gebelein was awarded several commendations during his military career including: the Legion of Merit, the Bronze Star, Army Commendation Medal, and Army Achievement Medal.  Additionally, Gebelein received the Delaware Conspicuous Service Cross and the Delaware National Guard Medal.

Court of Bosnia and Herzegovina

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On August 1, 2005, Paddy Ashdown, High Representative for Bosnia and Herzegovina, appointed Gebelein to Section I for War Crimes of the Criminal and Appellate Divisions and to Section II for Organised Crime, Economic Crime and Corruption of the Criminal and Appellate Divisions of the Court of Bosnia and Herzegovina. He was appointed for a two-year term.[14]

On August 31, 2005, he retired from the Delaware Superior Court in order to become an international judge on the Court of Bosnia and Herzegovina.[7] He also retired from the Delaware Army National Guard in order to assume this position.

Return to Delaware and later career

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In 2006, Judge Gebelein was chosen by Attorney General-Elect Joseph R. "Beau" Biden, III, as Biden’s Chief Deputy Attorney General.  Biden, a Democrat, received some praise for reaching across party lines in appointing Gebelein, a Republican.[15] Gebelein managed the Office of the Attorney General during Biden's military deployment in 2008.

Gebelein served as Chief of Party for the USAID Justice Sector Development Project II, a three component Rule of Law Project in Bosnia and Herzegovina.[16] The multi-year project was designed to enhance the independence and effectiveness of the judicial sector in Bosnia and Herzegovina.

Gebelein taught law and legal studies at various times through his professional career at the University of Delaware, Wilmington College, Widener University School of Law, and Rowan University.[17]

Death

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Gebelein died on December 22, 2021, after a long battle with cancer.[18][19]

References

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  1. ^ "Salesianum Hall of Fame". www.salesianum.org. Retrieved 2023-03-27.
  2. ^ "Gebelein, Richard S. | the Bifferato Firm PA". 14 September 2021.
  3. ^ Delaware Department of Elections (December 20, 1978). "State of Delaware Official Results of General Election 1978" (PDF). Retrieved 2023-06-06.
  4. ^ "The Morning News from Wilmington, Delaware on July 1, 1981 · Page 30". Newspapers.com. 1981-07-01. Retrieved 2019-04-10.
  5. ^ "News Newspaper Archives, Nov 3, 1982, p. 6". Newspaperarchive.com. 1982-11-03. Retrieved 2019-04-10.
  6. ^ Delaware Department of Elections (December 15, 1982). "State of Delaware Official Results of General Election For State-Wide Offices" (PDF). Retrieved 2023-06-06.
  7. ^ a b "History: Our Judicial Officers - About Us - Superior Court - Delaware Courts - State of Delaware". courts.delaware.gov. Delaware Courts. Retrieved 20 August 2021.
  8. ^ "Delaware Sentencing Accountability Commission (SENTAC)". The Delaware Criminal Justice Council (CJC) - State of Delaware. Retrieved 2023-06-20.
  9. ^ ALDERSON REPORTING COMPANY, INC. (1995-09-11). "REMARKS OF HON. JANET RENO, ATTORNEY GENERAL OF THE UNITED STATES" (PDF). Retrieved 2023-06-20.
  10. ^ "National Drug Control Strategy | February 10, 1995 | C-SPAN.org". www.c-span.org. Retrieved 2023-06-20.
  11. ^ Crime, United States Congress House Committee on the Judiciary Subcommittee on (1996). Taking Back Our Streets Act of 1995: Hearings Before the Subcommittee on Crime of the Committee on the Judiciary, House of Representatives, One Hundred Fourth Congress, First Session, on H.R. 3 ... January 19 and 20, 1995. U.S. Government Printing Office. ISBN 978-0-16-053925-1.
  12. ^ Judiciary, United States Congress Senate Committee on the (1996). A Review of the National Drug Control Strategy: Hearing Before the Committee on the Judiciary, United States Senate, One Hundred Fourth Congress, Second Session ... February 10, 1995. U.S. Government Printing Office. ISBN 978-0-16-053528-4.
  13. ^ "First-hand experience for Del.s Gebelein". Newspapers.com. The News Journal (Wilmington, Delaware). 9 Feb 2007. Retrieved 20 August 2021.
  14. ^ Ashdown, Paddy (1 August 2005). "Decision Appointing Richard S. Gebelein to Section I for War Crimes of the Criminal and Appellate Divisions and to Section II for Organised Crime, Economic Crime and Corruption of the Criminal and Appellate Divisions of the Court of Bosnia and Herzegovina". ww.ohr.int/. Office of the High Representative. Retrieved 20 August 2021.
  15. ^ O'Sullivan, Sean (8 Dec 2006). "Biden reaches across aisle for top assistant". Newspapers.com. The News Journal (Wilmington, Delaware).
  16. ^ Wiener, Philip P. (April 1963). "[The East-West Center's Institute of Advance Projects]". Philosophy East and West. 13 (1): 91–94. doi:10.2307/1396793. ISSN 0031-8221. JSTOR 1396793.
  17. ^ "Delaware Lawyer -Spring 2021". digital-editions.todaymediacustom.com. Retrieved 2023-08-20.
  18. ^ "Gebelein, Honorable Richard Stephen - McCrery & Harra". www.mccreryandharra.com. Retrieved 2022-04-13.
  19. ^ "Obituaries in Wilmington, DE | The News Journal". delawareonline.com. Retrieved 2022-04-13.