Judge who went by the book looks forward to a new chapter

As a student director, Joseph I. Dever cut classmate Alan Alda from the senior show at Fordham University after deciding the future M*A*S*H star couldn't sing.

As the top judge at Lynn District Court, Dever could also be tough. He sent drug dealers to jail and sentenced ''johns," or men who solicit sex, to community service. And he often threw the book at women offenders -- as long as they promised to read it.

Dever, 70, retired Thursday as the presiding justice of Lynn District Court, where he introduced ''Changing Lives Through Literature," a program that allows women convicted of nonviolent crimes to read literature as part of their probation.

He brought Changing Lives to Lynn in 1992, modeling it after a similar program for men in New Bedford. It now is offered in 10 state courts to people on probation for nonviolent crimes such as shoplifting or drug possession. Titles often deal with themes of violence, family, and personal responsibility.

''When you encounter a character or a new idea in a book, that can be very powerful," said Dever, who on Friday turned 70, the state's mandatory retirement age for judges. ''I think we all can glean something from these characters, and these stories, that makes us stop and look at our own lives."

Dever didn't just mete out the literary sentence. He went to class, too, attending every eight-week session over the last 13 years. Along with a probation officer, he traveled by van with participants from Lynn to Lowell, where the group meets in the president's office at Middlesex Community College. He even presided over graduation, handing out diplomas and bouquets at the end of each session.

Conditions of the program vary, depending on the court. In Lynn, people are either sentenced by a judge or referred by a probation officer. By participating, they usually earn time off supervised probation or a reduction in the amount of community service they may have to perform.

His fellow readers give Dever high marks.

''How often do you get to sit with a judge and discuss books?" said Jessica Tibbitts, 29, who has taken the class four times while on a three-year probation for larceny. ''Judge D. is the best. I've stood before him [in court]. . . . He always listens."

''He has a wonderful mind," said Jean Trounstine, a humanities professor at Middlesex College and cofounder of the program with Dever. ''His insights are always interesting and enlightening. . . . He relates well to [participants]. He is not pompous."

Dever said the impact of the program is hard to judge. But he defended it as an alternative sentencing program during heated state budget battles, and against critics who dismiss it as ''books for crooks."

''One of my favorite quotes is from C.S. Lewis who [wrote], 'You're never alone when you read a book,"' said Dever, who plans to become a Changing Lives volunteer in retirement. ''I believe that . . . many of the people who stand before you in court have not had many breaks. . . . But if you reach out just a little bit to someone, it's amazing the difference you can make."

On Thursday, his last day on the bench, Dever received a standing ovation from attorneys, court clerks, and even a few defendants whose cases heard during the morning session. ''Thank you from the bottom of my heart," Dever said, before leaving the bench, a yellow legal pad tucked under this left arm.

He returned moments later, accompanied by Judge Michael C. Laurenzano, who presided over a ceremonial meeting of the court, during which judges, prosecutors and defense attorneys recalled Dever's humility and humor, comparing him with mythical Irish heroes and quoting from Shakespeare.

''You have been a wonderful mentor to so many of us," said Lynda M. Connolly, chief justice of the District Court system, who trained as a judge under Dever.

On the bench, Dever was known for his friendly but firm approach.

''He is a gentleman and a legal scholar," said Samuel E. Zoll, the retired chief justice of the district courts, who appointed Dever as Lynn's presiding justice 10 years ago. ''He had a very good sense of the community. . . . He understood that all kinds of factors, from housing to jobs, contribute to antisocial behavior."

But Dever's job was rarely easy. Lynn District Court is one of the busiest in Essex County. The court logged 17,467 criminal charges, including drug possession, larceny, and motor vehicle violations, in fiscal 2004, according to the most recent data supplied by the court.

As presiding justice, Dever ran the show. He managed staff, including other judges, probation officers, and clerical workers. On Wednesdays as many as six court sessions are held in Lynn, including drug, housing, and small claims courts. The court lacks space and staff, although some clerical positions have recently been restored.

Dever credits his staff for ensuring a steady business flow. ''They're superb," he said, smiling like a proud father. ''They work in very difficult conditions, and have managed through some very tough times. But they put the public first, as they should. ''

Some staff members said they took their cues from the top. In addition to managing the court, Dever also sat each morning in the busy first session, which starts promptly at 9 a.m. The docket usually includes the most serious crimes, such as a recent road rage shooting of a mother and son and overnight gang attacks.

''He set a wonderful example," said Jane Brady Stirgwolt, the clerk magistrate. ''Even as his retirement approached, he wasn't coming in late, or taking days off. He was here, working. We're all going to miss him."

Dever was appointed a judge in 1987 by then-governor Michael S. Dukakis. It followed a long career as a public defender, a job he started after graduating from Boston University School of Law in 1960. His love for the law was shared by his wife, Ann, who retired earlier this month as a probation officer after 23 years in the Lynn court. The couple, who live in Marblehead, have four adult children and four grandchildren.

A native of West Roxbury, Dever grew up in a family of public servants. His father, Joseph P. Dever, was a civil engineer who served as an associate commissioner of public works under former governor Maurice J. Tobin. But the older Dever died of a heart attack on his son's 17th birthday.

''That was quite a jolt," Dever said softly. ''But I was lucky to have a wonderful family around me."

Dever is a nephew of the late governor Paul A. Dever, who served from 1948 to 1952 and was a three-term attorney general. Another uncle, Ted, was the presiding justice at Cambridge District Court. If his uncles shaped his legal career, Dever's mother, Constance, sparked his love of language, he said.

As young as age 4, Dever took elocution lessons at Mary Frances Rooney's studio in Coolidge Corner in Brookline. The training came in handy when he later acted in school plays and musicals and dreamed of becoming a professional actor.

''My mother believed very much in the dramatic arts," said Dever, whose mother died just months after he became a judge. ''She introduced me to it very young. That's why I took to it."

At Fordham, a college not far from the bright lights of Broadway, Dever first majored in acting. But he later switched his major to English literature, knowing he would eventually go to law school. He was cast in school productions, including a role as the old admiral in ''The Caine Mutiny."

As a senior, Dever decided to move behind the scenes. He was chosen to direct the senior show, a musical with 75 parts to cast. Among the hopefuls was Alan Alda, the future Hawkeye Pierce on M*A*S*H whose father, Robert, was then a Hollywood star.

But even that couldn't persuade Dever to give the younger Alda a break. ''He couldn't sing," Dever recalled, chuckling. ''At all, he really couldn't. . . . But my decision certainly didn't make a difference in his career."

So, now that he's off the bench, will Dever return to the stage? The jury is still out.

''Oh, I have more books I want to read," he said, smiling behind round glasses. ''But who knows? Maybe there is a part out there for an old, broken-down actor."

Kathy McCabe can be reached at kmccabe@globe.com