The Access to Justice Commission Remembers Herb Garten

With deep sorrow and profound respect and gratitude, the Access to Justice Commission remembers Herbert S. Garten, a distinguished attorney, tireless advocate for equal justice, and a guiding force in the legal community. Garten passed away on January 28, 2025, at the age of 96, leaving behind a remarkable legacy of service, leadership, and unwavering belief in the power of law to uplift lives.
Garten was an active and influential MSBA member, serving as President from 1989 to 1990. His leadership shaped the Bar’s role in advocating for legal professionalism and expanding access to justice. Beyond his presidency, Garten served on the Board of Governors and Executive Committee, chaired numerous MSBA committees, and played a pivotal part in shaping the association’s direction. His dedication to legal history was evident in his work as Chair of the Special Committee on the MSBA’s Centennial from 1994 to 1996 and his authorship of the preface to the MSBA’s 125th-anniversary commemorative book.
Garten’s contributions extended well beyond professional leadership. He was a commissioner on the Access to Justice Commission and widely recognized as the “Father of Pro Bono in Maryland”, dedicating his life to ensuring that access to legal representation was not a privilege, but a right. He was instrumental in creating a structure that enabled attorneys to provide free legal services to those in need, as it was through his vision and leadership as President of the MSBA that the Pro Bono Resource Center of Maryland (PBRC) was founded in 1990. His commitment to pro bono work was not just theoretical—it was deeply personal. Throughout his career, he took on numerous cases pro bono, advocating for homeowners, low-income families, and individuals denied access to fair representation.
Garten’s impact reached a national stage. From 1994 to 2003, he chaired the Maryland Legal Services Corporation, ensuring funding for civil legal aid programs across the state. Recognizing his tireless advocacy, President George W. Bush nominated him in 2003 to the Board of the Legal Services Corporation (LSC), the federal entity responsible for ensuring legal aid for low-income Americans. His appointment was confirmed by the U.S. Senate, and he continued to serve as a member of LSC’s Institutional Advancement Committee, strengthening national pro bono initiatives.
His advocacy was not confined to boardrooms—he worked on landmark legal cases that shaped national policies. One of his most notable victories was his eleven-year battle against the IRS and Social Security Administration to secure clergy tax recognition rights for cantors, a case that established an important precedent still in place today.
Beyond his legal work, Garten was a deeply engaged community leader, educator, and philanthropist. In addition to being an accomplished attorney, he was a certified public accountant and a law school lecturer in federal taxation law. He served as general counsel for several national organizations and was a guiding force for religious institutions, universities, and civic groups. His leadership extended to serving as president of the Towson State University Foundation, president of the Baltimore chapter of the American Jewish Committee, and co-chair of the National Conference of Christians and Jews.
Throughout his lifetime, Garten was widely recognized for his contributions. He received a Fellows Award from the National Conference of Bar Presidents, The Daily Record’s Leadership in Law Award, the Benjamin L. Cardin Pro Bono Service Award from the University of Maryland, and the Kavod Award from the Cantors Assembly. In 2004, the Maryland Legal Services Corporation established an award in his name, ensuring that his dedication to legal access and service lives on.
Garten’s passion for justice was matched only by his kindness and warmth. He was known for his wit, generosity, and boundless energy, always eager to mentor young attorneys and encourage them to embrace pro bono service. He believed that pro bono work not only benefited clients but made lawyers better practitioners, broadening their perspectives and deepening their commitment to the law.
Above all, Garten was a devoted family man. He is survived by his children, Alan, Ilene, and Maury Garten, his grandchildren, great-grandchildren, and countless colleagues and friends whose lives he touched. He was predeceased by his beloved wife of 69 years, Susan Garten (née Fedder), and his children, Lynne and Lawrence Garten.
In honor of his extraordinary legacy, contributions in his memory may be made to The Maryland Pro Bono Resource Center or The Associated: Jewish Federation of Baltimore.
Garten’s life was a testament to the power of the law as a force for good. He dedicated himself to ensuring justice for all, mentoring generations of legal professionals, and strengthening the institutions that safeguard civil rights. His impact will be felt far beyond the courtroom, in the lives of the countless individuals and communities he helped.