MEMORIAL RESOLUTION 2013

2013 MEMORIAL RESOLUTIONS

Memorial to

Paul Campbell Jr.

As prepared by Paul Campbell, III and presented by Michael Ross Campbell

         

Paul Campbell, Jr. was born on December 23, 1915, in Chattanooga, Tennessee, the son of  Paul Campbell, Sr. and Margaret Meriwether Campbell.   He grew up on Missionary Ridge where he formed lasting friendships with Judge Campbell Carden and local lawyers such as Frank Thompson, Raymond Witt and Harry Weill.  From school there, we went on to McCallie, Union College (Schenectady, NY) and George Washington School of Law.  

         

In 1939, while both were living in Washington, D.C., he married Nelson Chambliss Whitaker.  The son of a lawyer, he now he had a federal judge, Samuel E. Whitaker, a Chattanoogan who had been appointed to the U.S. Court of Claims, as father-in-law and two more judges in the family; these were Madison N. Whitaker, a local criminal court judge and A. W. Chambliss, Tennessee Supreme Court Judge, who were his wife’s grandfathers.  In 1940, he returned to Chattanooga began practicing law with his father and Mr. James Finlay at Finlay & Campbell.  With the outbreak of the war, he joined the Federal Bureau of Investigation (1942-44) and later the United States Navy (1944-46).

         

At the end of the war, he resumed the practice of law in Chattanooga with Finlay & Campbell.  Mr. Finlay withdrew from the firm in late 1950 to become General Counsel to Interstate Life Insurance Company, and the firm became Campbell & Campbell.  In the 1970s he was sequentially joined by sons Michael Ross Campbell, Paul Campbell III and Douglas Meriwether Campbell. 

         

Mr. Campbell was a member of the Chattanooga, Tennessee and American Bar Associations and was elected to membership in the International Association of Defense Counsel, the American Board of Trial Advocates and the American College of Trial Lawyers as well as the Chattanooga and Tennessee Bar Foundations.  For many years he was a member of the Downtown Kiwanis Club and the First Christian Church.  He later transferred his membership to First Centenary Methodist Church, where he taught Sunday School and served on the Board.

         

Always enthusiastic about sports, he played high school and college football and baseball and later church league softball.  He was a handball stalwart at the YMCA and played tennis for many years at Fairyland Club and Manker Patten.  He still enjoyed a regular tennis game into his nineties.  His wife Nelson, to whom he was married for over 70 years, was the anchor of his life.

         

Paul Campbell loved the practice of law.  He loved being at the courthouse.  He loved trying cases.  He was devoted to the jury system.  In an interview conducted by Howard Vogel for the legal history project of the Tennessee Bar Foundation, he was asked about changes in the law, and said the absolute worst was he use of mediation to resolve law suits.

         

He was always a formidable advocate for whoever became his client, and he grew up in a time when there was a comraderie at the bar which often now seems sadly diminished.  But his love of the law and of trying cases included a respect and fellow feeling for those involved in the system at all levels, including his adversary lawyers and the judges and chancellors before whom he appeared.  He enjoyed and cared about the court officers or bailiffs, those who faithfully manned the clerks’ offices, and the court reporters.

         

As part of his devotion to the craft, he loved reading advance sheets, loved doing research, loved Tennessee Attorneys Memo and other vehicles for tracing new court holdings.  He died on October 5, 2012, a couple of months before his 97th birthday.  But up until about six weeks before his death, he was still driving to the office, six days a week, reading advance sheets and leaving notes on cases he thought his sons might want to consider.

         

He is survived by his daughter Nelson D. Campbell and his sons Paul (Emily) Campbell III, Michael Ross Campbell and Douglas Meriwether (Faith) Campbell, Sr.  He is also survived by ten grandchildren:  Nelson Meriwether Campbell (Montpelier, VT); Eleanor Wilds Whitaker (Matthew Shallbetter) (Alexandria, VA); Paul Campbell IV (Chattanooga); Kolter McFall Campbell (Chicago); Katherine Overton Campbell (New York City); Ransom Whitaker Campbell (Nashville); Douglas Meriwether Campbell, Jr. (Honolulu); Hunter Alexander Campbell (Knoxville); James McDonnell Campbell (Quito, Ecuador); and Crayton Foster Campbell (Knoxville).  Through his granddaughter Eleanor, he has two great grandchildren, Tristan Rhys Shallbetter and Kes Briallen Shallbetter (Alexandria, VA).  Several nieces and nephews also survive him with Margaret Douglas Henry and Dabney Carden living in Chattanooga.

 

THEREFORE, BE IT RESOLVED, in a special memorial session on this 1st day of March, 2013, that Paul Campbell Jr.’s good deeds and kindness be memorialized through this Resolution, and be adopted by this Association as words of respect, praise and memory. 

 

BE IT FURTHER RESOLVED, that a copy of this Resolution be filed in the archives of the Chattanooga Bar Association and be enrolled in the Memorial Resolution Book of the Circuit and Chancery Courts of Chattanooga, Tennessee, and that a copy be presented to his family as a token of the esteem and honor in which he has been held, as an expression of our very deep sympathy and our mutual loss. 


CHATTANOOGA BAR ASSOCIATION

(signed) M. Craig Smith, President


Memorial to

James G. Cate

As prepared and presented by Alfred E. Smith

               

Jim Cate died at age 89 on March 21, 2012. He was born in Chattanooga, but grew up in Cleveland, Tennessee, in a stately house on Ocoee Street. After public education in Bradley County, he began his college education at the University of the South in 1941. After his freshman year he joined the U. S. Army and served ably as a weatherman in the Pacific. After the War he returned to his studies at Sewanee, graduating in 1947. He then attended Duke University Law School, from which he graduated in 1950.

                 

Jim’s professional career began in private law practice in Cleveland. After a few years, he joined Bowater Paper Company US, where he later became Vice President and General Counsel. In 1971 Bowater moved its corporate office to New York, and Jim remained in Cleveland to open Miller & Martin’s office there. When that office closed, Jim continued to practice out of the Volunteer Building in Chattanooga until his death.

                 

Jim’s many civic and professional accomplishments included being President of the Bradley County Bar Association, President of the United Way of Bradley County, Trustee and member of the Board of Regents of the University of the South and Vestry member at St. Luke’s Episcopal Church in Cleveland.

               

 Jim was married to the former Margaret Wheland, with whom he had a daughter, Margaret Cate of Denver, Colorado.

                 

Nobody didn’t love Jim Cate. He was a gentleman’s gentleman. He got by with hugging and kissing the secretaries at Miller & Martin long after it was politically correct. My good fortune over the last 20 years since he moved his office to Chattanooga was to accompany him once a week or so to lunch and a pool game at the Mountain City Club. I called him “The Old Master,” because he usually beat me at pool. He was two years to the day older than my mother, and he was part father, part law colleague, but mainly great friend to me. We were already planning his 90th birthday party for October of last year, when he suffered a stroke and died in March. The world is much the worse for losing him.


 THEREFORE, BE IT RESOLVED, in a special memorial session on this 1st day of March, 2013, that James G. Cate’s good deeds and kindness be memorialized through this Resolution, and be adopted by this Association as words of respect, praise and memory. 

 

BE IT FURTHER RESOLVED, that a copy of this Resolution be filed in the archives of the Chattanooga Bar Association and be enrolled in the Memorial Resolution Book of the Circuit and Chancery Courts of Chattanooga, Tennessee, and that a copy be presented to his family as a token of the esteem and honor in which he has been held, as an expression of our very deep sympathy and our mutual loss. 


CHATTANOOGA BAR ASSOCIATION

(signed) M. Craig Smith, President


Memorial to

Hal Fredric Sherman Clements

As prepared by William G. Trumpeter

         

It is an honor to memorialize Hal F.S. Clements, my partner and dear friend.

         

Hal was a man one would want as a friend; a lawyer one would want on his side.  Hal was a relationship person.  As a young lawyer learning the ropes, when Hal asked me to work on one of his client’s matters, I would hear not only about the client’s business, but also about the person who owned the business, his hobbies and interests, his family, and, oftentimes, his Mama and Daddy, aunts, uncles and cousins.  Those types of relationships were important to Hal.

         

Hal was born on April 17, 1939, in Knoxville, Tennessee.  Growing up in Knoxville, he was an Eagle Scout, and a member of the Boy Scouts of America’s National Honor Society, the Order of the Arrow.  He received an undergraduate degree at the University of Tennessee, completed two years of medical school, and decided that he should become a lawyer.  Hal received his law degree from UT and came to Chattanooga in 1965 to practice law.

         

Hal focused his practice on representation of management in labor and employment matters.  It was a good choice.  In 1981, Hal shook hands with Ron Ingham and the two of them decided to strike out on their own.  They offered to bring along an associate from their former firm, Bill Trumpeter, and Clements, Ingham & Trumpeter was born.  Without Hal, it would never have happened.  

         

Hal served as managing partner of Clements, Ingham & Trumpeter until it merged with Miller & Martin in 1987.  Hal served as the Chairman of the firm’s labor and employment law department and, under his tutelage, the department grew from four to forty attorneys in three offices.  Hal was recognized as one of the top attorneys in his field and was listed in Best Attorneys in America for many years.  Hal is especially remembered as an admired mentor to many of the younger attorneys at Miller & Martin.  He taught them how to be lawyers.  

         

Hal’s interests were many and varied.  He was an avid outdoorsman and sportsman.  Hunting, fishing, and just plain old chopping firewood were among his favorite activities.  He was an original member of B.A.S.S. and helped form the local chapter.

         

He received the Albert L. Hodge Volunteer Award from the Chattanooga Bar Association in 2009, the Richard Satterfield Award for thirty-three years of service as Executive Secretary of the Chattanooga Automotive Trades Association, served as an instructor for Coca-Cola University, and served on the Board of Directors of the Mountain City Club.  

         

Hal passed away on December 29, 2012, following complications from surgery that would have enabled him to resume his active lifestyle on his own terms.  Hal is survived by his dear wife of 49 years, Beverly, daughters, Karen Clements (Jimmy Wilmer) and Stephanie Vachon (Reggie), and their two beautiful grandchildren, Sadler and Braswell Vachon.  All will miss him.  

 

THEREFORE, BE IT RESOLVED, in a special memorial session on this 1st day of March, 2013, that Hal Fredric Sherman Clements’s good deeds and kindness be memorialized through this Resolution, and be adopted by this Association as words of respect, praise and memory. 

 

BE IT FURTHER RESOLVED, that a copy of this Resolution be filed in the archives of the Chattanooga Bar Association and be enrolled in the Memorial Resolution Book of the Circuit and Chancery Courts of Chattanooga, Tennessee, and that a copy be presented to his family as a token of the esteem and honor in which he has been held, as an expression of our very deep sympathy and our mutual loss. 


CHATTANOOGA BAR ASSOCIATION

(signed) M. Craig Smith, President


Memorial to

The Honorable Thomas Arthur Greer

As prepared by Stephen T. Greer

         

Judge Thomas Arthur Greer, Jr., 89, passed away on Thursday, November 29, 2012.  I, as my father’s oldest son, along with my Mother, my two brothers, and our entire family, want to thank the Chattanooga Bar Association for this opportunity to present this Memorial Resolution in his memory.

 

My father was the son of the late Thomas Arthur Greer, Sr., and Ova McGuiness Greer of Dunlap.  He was born on April 24, 1923, in Uniontown, Alabama, and moved to Dunlap, Tennessee, at the age of 4, where he resided the remainder of his life.  He became an avid reader of history and biographies at an early age, and his intense love for reading, primarily history, continued the remainder of his life.

 

He served in the United States Navy from 1942 until 1946, and served in World War II in the South Pacific in 1945.  After the end of World War II, he attended law school at the Cumberland School of Law in Lebanon, Tennessee, and upon graduation in 1947 was admitted to the Tennessee Bar shortly thereafter where he remained a member for 65 years until his death.  To my knowledge, the only Cumberland Law School classmate of his that is still living is Selma Cash Paty, a long time friend and member of the Chattanooga Bar.  

 

After graduating from law school and passing the bar, he returned to Dunlap in 1947 and began the practice of law.  In 1953, he was appointed as County Judge of Sequatchie County at the age of 30, the youngest County Judge in the State of Tennessee.  While continuing to practice law, he served as County Judge and Juvenile Judge for 17 years until he was appointed to the Circuit Court bench in December of 1970.  During his 17 years in the practice of law, most of his time was in trial practice, both civil and criminal. 

 

Although continuing to practice law while he served as County Judge, under his leadership as County Judge, Sequatchie County was able to achieve several milestones in its development. He was instrumental in the construction of the first hospital in the County and in attracting much needed industry.  In 1959, he proudly lead the way to the establishment of the Sequatchie County Public Library, which continues to serve the Dunlap and Sequatchie County community today.  In 1961, he was elected as President of the Sequatchie Valley Planning and Development Agency, where he served for 9 years on the Regional Planning Commission to aid in the economic development of Bledsoe, Sequatchie, Grundy and Marion Counties.  

 

In 1963, he helped organize the U.S. Highway 127 Association, an association comprised of heads of counties along Highway 127 in Tennessee, Kentucky and Ohio, to which he was elected Chairman.  With the assistance of U.S. Senators Estes Kefauver, Albert Gore and others, this Association was successful in getting State Highway 127 designated a U.S. Highway, which brought vast financial support and improvement to the Highway 127 roadway system from Chattanooga to Cincinnati.

         

He joined the Masonic Order in Dunlap in 1948, and became a 32nd Degree Mason and a Shriner with Alhambra Shrine in 1962.  He was later ordained a Knight’s Commander and awarded the 33rd Degree, which is the highest degree in the Masonic Order.  

 

After practicing law for 23 years, he was appointed Circuit Judge of what was then the 18th Judicial District, now the 12th Judicial District, to complete the term of retiring Judge Sam Polk Raulston.  He then served as Circuit Judge in initially seven counties and later six counties from December 1970 until his retirement in January of 1994.  Upon his retirement from the Circuit Court bench, he returned to the practice of law with me and my associate, Russell Anne Swafford.  

 

My father saw two of his grandchildren and the husband of his oldest grandchild follow him in his profession.  Jeff Matukewiz, who is married to my oldest daughter, Jessica, started practicing law here in Chattanooga in 2002 and is a member of the Chattanooga Bar Association.  His granddaughter, Elizabeth Greer Adams, started practicing law in our office in 2003, and his grandson, Thomas Greer, started practicing law in Memphis in 2005.  

 The last trial my father participated in was a Sequatchie County case that he and I tried together by interchange before then Hamilton County Chancellor Howell Peoples.  Due to my father’s declining health and lack of stamina, Chancellor Peoples graciously allowed us to try the case in half day segments until we finished.  My father remained a part of my law firm up until his death.  

 

He was a member of the Tennessee Bar Association, the American Bar Association, the American Judicature Society, and a past member of the Tennessee Association of Justice, formerly Tennessee Trial Lawyers Association.  He was instrumental in organizing the Tennessee State Trial Judge’s Association and served as its first President for its first two years of existence.  During many of his years as a practicing attorney, he was a member of the Chattanooga Bar Association.  When I first started practicing law in Sequatchie Valley in 1973, he encouraged me to join the Chattanooga Bar Association, which I did. 

 

As a lawyer and as a Circuit Judge, he was an ardent student of the law.  Because of his lifelong study of history, he understood the development of the rule of law and had a keen knowledge and understanding of the genius of our American system of justice, and particularly the jury system.  If you ever were impaneled as a member of the Grand Jury in the 12th Judicial District and he was the presiding Judge, in his charge to the Grand Jury, you would hear a mini lecture on the evolvement of our American justice system from the English system.  

 He loved people, and especially lawyers and fellow Judges, and loved trying cases, both as a lawyer and a Judge.  He always tried to be deferential to and considerate of lawyers trying cases before him, and especially young lawyers, as he always remembered how difficult and demanding it was to be a lawyer in the trenches trying a case.  Of course, those of you who knew him, know that he loved to talk.  Being a Circuit Judge fit him perfectly because he knew he could always command an audience to listen.

         

He served on the Board of Directors of Mountain Valley Bank, formerly Sequatchie County Bank, for 40 years, was a member of the Dunlap Lion’s Club for over 50 years, and was a member of the American Legion and VFW.  He was a member of First Baptist Church of Dunlap from May of 1933 until his death, and was an avid student of the Bible his entire adult life.  He taught Sunday School for 60 years and served on the Board of Deacons for over 50 years.   

 He is survived by his wife of 67 years, Lota Applewhite Greer.  He was also extremely proud of his children, Dr. Patrick R. Greer, a general surgeon, who lives in Winchester, and Dr. Michael S. Greer, a general and vascular surgeon, here in Chattanooga, who, along with their wives, Becky and Vallerie, respectively, and myself and my wife, Susan, 10 grandchildren, and 12 great-grandchildren, also survived him.

 

THEREFORE, BE IT RESOLVED, in a special memorial session on this 1st day of March, 2013, that The Honorable Thomas Arthur Greer’s good deeds and kindness be memorialized through this Resolution, and be adopted by this Association as words of respect, praise and memory. 

 

BE IT FURTHER RESOLVED, that a copy of this Resolution be filed in the archives of the Chattanooga Bar Association and be enrolled in the Memorial Resolution Book of the Circuit and Chancery Courts of Chattanooga, Tennessee, and that a copy be presented to his family as a token of the esteem and honor in which he has been held, as an expression of our very deep sympathy and our mutual loss. 


CHATTANOOGA BAR ASSOCIATION

(signed) M. Craig Smith, President


Memorial to

William “Bill” Francis Guest

As prepared by Stanley Lanzo

         

Before I begin this memorial I have to apologize to one person and that would actually be Bill.  Bill would hate the fact that we were doing this memorial at all. 

         

Bill Francis Guest was born on May 17, 1942 in Gasden, Alabama.  He was the son of Jesse and Evelyn Guest. 

         

Bill was a graduate of the University of Northern Alabama and received his juris doctorate from Samford Law School.  He served as a Green Beret in the United States Army.  After leaving the Army, Bill was employed by the CIA in Washington, D.C. for two years.

         

When he finished law school, Bill went to work for Crawford Bean where he practiced law for many years.  Bill practiced law in Chattanooga for over 40 years.  Bill and I shared a law office for 15 years.  Bill was an early riser and could be found in the courthouse long before court began.  Bill was very intelligent and always knowledgeable of current events.  Bill was the type of attorney who always went the extra mile when representing his clients.  Bill hated to see a miscarriage of justice.  His clients respected him for this and were very loyal to him.

         

Bill loved to read.  He read books on a variety of different subject matters. He was always quick to pass his books around so others could enjoy them.  And, Bill loved to discuss his books with others who had read them.  Bill loved animals and especially his dog, Lily.

         

Bill is survived by his wife, Paula Thompson Guest; son Zachary Francis Guest of Nashville; grandson, Maddux Francis Guest of Nashville; sisters Rebecca Guest of Pearland, Texas; and Deborah Guest of Norfolk, Virginia. Bill was a devoted husband, father, grandfather and friend.   

         

There is a story about Bill which shows what kind of person he truly was.  Paula and Stormi were in the kitchen when Bill came home from the barber shop.  He told them while he was there a young boy about 10 or 11 years old came in and asked the owner if he could clean the parking lot to earn some money.  Bill asked the boy why he wanted the money.  The boy told him he was trying to save up enough money for a bicycle.  Bill paused and when Paula and Stormi looked over at him, he had tears running down his face. Paula without missing a beat said, “So, what color bike did he get?”  Bill smiled and said, “He got a blue one.”  Bill appreciated this boy’s willingness to work for what he wanted.  So, he helped him get his bicycle sooner rather than later.

           

To all of us who personally knew Bill, he was a true friend.  He was always willing to help others.  There were many times during our friendship when I would mention that I needed or would like to have something.  When I came in the next day, the object would be on my desk.  If you were Bill’s friend, you could count on him to do whatever he could to help you.  You could always look to Bill for some good common sense advice.  True friends like Bill are hard to find. 

         

Bill died on September 16, 2011 surrounded by his loving family after a lengthy illness.  During his illness, he showed true bravery.  Despite his illness, at times, you could see a glimpse of the true Bill. Bill was a truly special person and made the world a much better place for so many.  He is greatly missed.

         

THEREFORE, BE IT RESOLVED, in a special memorial session on this 1st day of March, 2013, that William Francis Guest’s good deeds and kindness be memorialized through this Resolution, and be adopted by this Association as words of respect, praise and memory. 

         

BE IT FURTHER RESOLVED, that a copy of this Resolution be filed in the archives of the Chattanooga Bar Association and be enrolled in the Memorial Resolution Book of the Circuit and Chancery Courts of Chattanooga, Tennessee, and that a copy be presented to his family as a token of the esteem and honor in which he has been held, as an expression of our very deep sympathy and our mutual loss. 


CHATTANOOGA BAR ASSOCIATION

(signed) M. Craig Smith, President


Memorial to

The Honorable S. Richard Holcomb

As prepared by The Honorable Clarence Shattuck

 

Judge S. Richard Holcomb (S was for Starlan, kiddingly many of his friends referred to him as Sir Richard) had a full and wonderful life serving his community, state and nation faithfully, diligently and conscientiously.

 

Judge Holcomb was born in Chattanooga to the late Starlan R. Holcomb and Irene Lingerfelt Holcomb.  He lived in East Lake in his early years and later in East Ridge.  After attending Brainerd Junior High, he graduated from Chattanooga High School (City) in 1953.  He attended University of Chattanooga (now UTC) for one semester and then volunteered for a two-year enlistment in the Navy.

 

Upon his release from the Navy, Richard again enrolled at U. C., where he had an outstanding academic and leadership record while, at the same time, working full time as a copy editor at the Chattanooga News Free Press.  Being a gifted writer, he served as editor of the Echo, the school newspaper and also the U. C. literary magazine.  He was president of Kappa Sigma fraternity, as well as the Honor Society and the Veteran’s Club.  Richard was elected president of his senior class and “Most Likely to Succeed” by his class members.  He was the winner of the Alumni Achievement Award given to the outstanding member of the 1962 graduating class by vote of the university’s faculty.

 

Thereafter, Richard attended the University of Cincinnati Law School on the prestigious Chapin-Thomas Scholarship.   While in law school he served on the University of Cincinnati Law Review and was selected to the Order of the Coif, one of the highest honors bestowed by law schools.

 

Upon graduation and passing the bar examination, he returned to Chattanooga and began a general practice of law.  In 1966 he was elected to the Tennessee House of Representatives for three terms and served as chairman of the House Judiciary Committee.  Holcomb decided not to run for reelection to the State Legislature in 1972; however, in 1973 he was elected by the Legislature to the State Election Commission where he served until 1982.


In 1982 and prior thereto, Sessions Court Judges candidates ran in both a partisan primary and the general election on an at large basis (in other words, not for a particular division).  Richard ran against the then three incumbent judges and led the ticket in both the primary and general election.  During his tenure on the bench, he was appointed to the Court of the Judiciary by Chief Justice Bob Cooper and served for eight years in that important position.  Being an avid boater and former boat club Commodore, he was appointed to the Tennessee Tombigbee Waterway Authority and served for 12 years.


 This is just a brief capsule of his honors and achievements, but Richard was an extraordinary individual whose services and influences went far beyond any honors received or positions held.

 In high school, Judge Holcomb was on the boxing team and also a cheerleader, which at first may appear somewhat of a paradox.  However, it gives us a unique glimpse of his personality – both a fighter and an encourager.  While practicing law, he battled vigorously for his clients, especially in some high profile criminal cases.  As is always, there were strong differences of opinion in the State Legislature and he fought vigorously for his convictions and the citizens he represented.

 

After coming on the bench, and especially due to his legislative experience, he was instrumental in getting certain major changes in the Private Act of 1942, which created the Hamilton County Sessions Court – but none of the changes were without opposition, I might add.  These improvements, which will be of long-term benefit to the Court, include 1) Sessions Court Judge must be a licensed lawyer; 2) Pay equalization with other major counties; 3) Candidates for Sessions Judge must now run for a specified division; and 4) Increase in the number of judges from three to five after City Court lost jurisdiction of state charges.

 Judge Holcomb was a caring, thoughtful and encouraging person.  He loved his work on the bench and said that he “would rather be a Sessions Court Judge than a Supreme Court Justice because Sessions Court is where the ordinary citizens most often come in contact with the court system.”

 

Obviously, his influence was evident from the bench, but it reached far beyond there.  He appeared, at times, “tough and gruff,” but that appearance, for the most part, was an attempt to get the attention of the defendant.  And his approach was successful in an untold number of cases.  Many have said, “I’m not going to get in trouble again and go before that judge.”  Others spoke of his advice – at times more practical than legal, his help during personal problems, and his caring support.  It was said of Judge Holcomb that he was a fountain of wisdom and a true friend you could always count on.

 

Judge Holcomb enjoyed life.  His campaign receptions were more a party than a political meeting.  He loved being with his friends, especially at the VFW and American Legion.  He was a lifetime member of both veterans’ organizations and served them in many capacities and positions.  In fact, among his friends Judge Holcomb was affectionately nicknamed “Captain Midnight,” for obvious reasons.

 

In an editorial, the Chattanooga News Free Press fittingly said of Judge Holcomb that “members of the local judiciary and the legal profession as well as the public he served for so long and well should remember his life and his years of public service with appreciation and affection.”

 Judge Holcomb loved and cared for his family.  He leaves his wife of 37 years, Karen Petty Holcomb; daughter, Lora Holcomb Finley, and her husband, Jim Finley; son, Starlan Richard (Rick) Holcomb, III; grandchildren, Morgan and Ethan Finley; brother, Kenneth Holcomb; and niece, Sherry Holcomb Shelton.

 

THEREFORE, BE IT RESOLVED, in a special memorial session on this 1st day of March, 2013, that The Honorable S. Richard Holcomb’s good deeds and kindness be memorialized through this Resolution, and be adopted by this Association as words of respect, praise and memory. 

 

BE IT FURTHER RESOLVED, that a copy of this Resolution be filed in the archives of the Chattanooga Bar Association and be enrolled in the Memorial Resolution Book of the Circuit and Chancery Courts of Chattanooga, Tennessee, and that a copy be presented to his family as a token of the esteem and honor in which he has been held, as an expression of our very deep sympathy and our mutual loss. 


CHATTANOOGA BAR ASSOCIATION

(signed) M. Craig Smith, President


Memorial to

Ronald George Ingham

As prepared by William G. Trumpeter

         

I am honored to memorialize my late partner, mentor, and most importantly, friend, Ronald G. Ingham.  

         

Ron’s stature commanded respect.  Many a young associate approached his corner office with trepidation.  It is rumored that an office runner walked into Ron’s office to deliver some correspondence while Ron was deep in thought about a brief on which he was working.  Not realizing that the young man was a runner and not an associate, Ron gave him a research task that needed immediate attention.  The runner was too intimidated to tell him that he couldn’t do the research.  The man was later found in the law library leafing through reference books, hoping to discover the answer.

         

Any misconceptions about Ron soon melted once a person got to know him, however.  Ron was a kind-hearted man who took a deep interest in each person’s professional development and personal well-being.  Once one became Ron’s friend, there would never be a reason to doubt that friendship.

         

Ron was born in Agawam, Massachusetts on October 26, 1936.  He earned his undergraduate degree from Temple University.  After graduation, he joined the United States Marine Corps where he reached the rank of Captain.  While in the Marine Corps, he met Susan Hughes and she soon became his bride.  Ron’s law degree was awarded by Stetson University College of Law in 1967.  

         

Ron’s career path as a labor lawyer began upon graduation when he worked as an attorney at the National Labor Relations Board in Tampa.  Ron then went in-house with Westinghouse Corporation where he became Chief Labor Counsel.  In 1976, Ron moved to Chattanooga and, in 1981, he joined with Hal Clements to establish their own labor and employment law practice.  The two of them brought along a young attorney, Bill Trumpeter, a paralegal, Joe Crawford, and, most importantly, their secretary, Sue Wells, and Clements, Ingham & Trumpeter was established.

         

By 1985, labor law practice had changed.  The new emphasis was on employment litigation, and jury trials were becoming common.  Seeking to bolster the firm’s litigation expertise, Ron approached George Derryberry about joining Clements, Ingham & Trumpeter.  Instead, George suggested that we bring our practice to Miller & Martin.  It was a good fit.

         

The labor and employment practice at Miller & Martin eventually grew to 40 attorneys in three offices.  Later in his career, Ron accepted an appointment at Coca-Cola Enterprises Inc. as Deputy General Counsel, handling labor relations matters for the client all across the United States.  After several years working in Atlanta, he returned to Chattanooga to resume his practice with Miller & Martin.  

         

Ron had many interests.  He was a longtime member of St. Paul’s Episcopal Church where he served on the vestry and as an usher.  He was an avid racquetball player and outdoor enthusiast.  Following retirement, Ron joined SCORE, a business consulting and mentoring service, becoming its secretary.

         

Most importantly, Ron was a devoted family man.  He is survived by his wife, Sue, daughter, Betsy (Greg), and son, Michael (Bethany), and their children, Ethan and Daniel Wallis and Gus and Nora Ingham.  Ron passed away on May 6, 2012.  He will be missed by family and friends.  

 

THEREFORE, BE IT RESOLVED, in a special memorial session on this 1st day of March, 2013, that Ronald George Ingham’s good deeds and kindness be memorialized through this Resolution, and be adopted by this Association as words of respect, praise and memory. 

 

BE IT FURTHER RESOLVED, that a copy of this Resolution be filed in the archives of the Chattanooga Bar Association and be enrolled in the Memorial Resolution Book of the Circuit and Chancery Courts of Chattanooga, Tennessee, and that a copy be presented to his family as a token of the esteem and honor in which he has been held, as an expression of our very deep sympathy and our mutual loss. 


CHATTANOOGA BAR ASSOCIATION

(signed) M. Craig Smith, President


Memorial to

Cindy Leigh McAfee

As prepared and presented by Ray Neal

           

Cindy Leigh McAfee left us on October 31, 2012. Cindy was a graduate of Red Bank High School, and the University of Tennessee at Chattanooga with a degree in Communications. She worked for the Chattanooga Times and for United Press International. Following her career as a journalist, she attended Harvard Law School, and graduated cum laude. She practiced law in New York City, Washington D.C., and Savannah, GA before returning to Chattanooga to reside. Cindy was an attorney with the Tennessee Department of Children’s Services for 11 years, rising to the position of Regional General Counsel for the Southeast and later the Tennessee Valley Region. She was a Magistrate at the Hamilton County Juvenile Court for 2 years.  Cindy was an active member of the Chattanooga Friends Meeting. 

         

In addition to her skills as an attorney, Cindy was an accomplished artist who produced museum-quality works in pen and ink, oil, watercolor, and precious metals. Her works of art are valued and treasured by all of those who are lucky enough to own them and her home and office reflected her artistic sense of style and form. 

         

Cindy had significant talents as a legal trainer and lecturer. Her regular presentations to state lawyers on assorted legal topics were eagerly anticipated and enjoyed by scores of lawyers across Tennessee. Her analysis of legal topics was second to none and will be used for many years to train young lawyers in the skills she so ably possessed. 

         

Cindy is survived by her husband and best friend, Steve Russell, her daughter, Caty McAfee, her mother Frances McAfee, and her father and step-mother, Bill and Janice McAfee. Cindy is also remembered by a host of friends and colleagues, all of whom were in awe of her courtroom skills and her ability to express legal concepts in precise and exact language. Cindy will also be remembered as a person of tremendous warmth and insight into the human condition. Every child she dealt with professionally was precious to her, and received the special attention that children in crisis deserve. Cindy McAfee will forever be known as a lawyer who did all she could to protect children from harm and provide them with the best possible life.  

 

THEREFORE, BE IT RESOLVED, in a special memorial session on this 1st day of March, 2013, that Cindy Leigh McAfee’s good deeds and kindness be memorialized through this Resolution, and be adopted by this Association as words of respect, praise and memory. 

 

BE IT FURTHER RESOLVED, that a copy of this Resolution be filed in the archives of the Chattanooga Bar Association and be enrolled in the Memorial Resolution Book of the Circuit and Chancery Courts of Chattanooga, Tennessee, and that a copy be presented to her family as a token of the esteem and honor in which she has been held, as an expression of our very deep sympathy and our mutual loss. 


CHATTANOOGA BAR ASSOCIATION

(signed) M. Craig Smith, President


Memorial to

Raymond Ryan Murphy, Jr.

As prepared Marcia Eason and Randall Wilson and presented by Marcia Eason

         

Raymond Ryan Murphy, Jr. was born on March 7, 1936, in Chattanooga, Tennessee, and died December 30, 2012, at his home on Lookout Mountain surrounded by loving family members at the age of 76. 

         

Ray was born and raised in Chattanooga, Tennessee. He graduated from the Baylor School and attended the University of North Carolina. Ray was a proud graduate of the University of Michigan Law School where he earned his law degree. 

         

Because of his temperament and exceptional talents, many say that Ray was born to be a lawyer. Two synonyms for lawyer are equally applicable to the manner in which Ray lived his entire life: advocate and counselor. In the legal arena, Ray Murphy was a fierce advocate and warrior. In the arena of life, Ray Murphy was a fierce advocate and warrior. His loyalty and deep faith were always present and are only part of the huge legacy he has left to so many.

         

After law school, Ray first practiced with the law firm of Spears, Moore, Rebman & Williams for several years. In 1963, Miller & Martin asked Ray to join as the firm’s Litigation Specialist. Ray practiced for the remainder of his career at Miller & Martin, and led the Litigation Department for many years.

         

Howard Levine and Ray Murphy were in the same class or tier at Miller & Martin, having joined around the same timeframe. Howard graciously shares his memory of Ray:


“Even though Ray was a couple of years older than I was at the time, we both came to Miller & Martin in the same year, and the announcement of our arrival went out to clients as a joint announcement. I grew to know and like Ray over a period of 40 years of practicing law with him as well as playing tennis, participating in firm activities, and the like. I knew of no one with more integrity and honesty in all of his dealings (with one exception) than Ray Murphy.

That exception involved one jointly-owned van. Apparently the Smith & Wesson Gun Company special ordered ten vans to give to their most productive dealers. Ray knew one of those dealers who did not want his van and decided that he would sell it. Not wanting to own a third vehicle with all of the expense involved, Ray asked me whether I was interesting in buying it with him and co-owning the van, thinking that we would easily get along with each other as to scheduling the use of that van. (Normally, my advice to anyone is never to co-own anything with another person unless that other person is your spouse.) 


However, Ray and I co-existed very nicely and our schedules did not conflict many times for the use of that van. The van was special.  It was made for Smith & Wesson, having drawers with gun racks, pistol grips on the gear shift, teakwood finishing throughout the inside of the van, and leather seats. It was the envy of any potential van owner.


After a few years Ray detected I was really no longer interested in using the van, so he very nicely said “I’d be happy to buy you out of your half of the van.” I trusted Ray to determine the fair value of that van and said that he would be happy to purchase my half for half of that value. I was happy to sign over my half of the van so that he could use it whenever he wanted by himself. It wasn’t more than two weeks after he had purchased my half that he turned around and sold the entire van to one of his other friends. I am certain that Ray did very well in that transaction and that his friend believed that he got a great deal. 

I will miss Ray greatly and will always have fond memories of everything we did together including practicing law.”

         

Ray was especially gifted as a trial lawyer. Ray successfully represented companies and government agencies by giving them a comfortable presence, fashioning a sympathetic person with whom a jury or judge could identify. For many years, Ray represented the FDIC, first following the failure of Hamilton Bank in the 1970s, and later in a much larger role for the FDIC representing FDIC in the Butcher bank failures in Tennessee and Kentucky. Later, Ray Murphy led his FDIC team to successful resolution of the largest financial institution failure at that time in the United States, FirstRepublic Bank in Dallas, Texas. Several members of Ray’s FDIC team include a number of his partners and former partners, one of whom is a United States Federal District Court Judge, Sandy Mattice. 

         

For many years, Ray also represented a company that mined and produced crushed stone, sand and gravel. As one might imagine, the company was targeted by adjoining landowners who complained that the company’s use of dynamite and other explosives caused substantial damage to their homes and property. Ray, the seasoned barrister, tried a number of these lawsuits and achieved a number of victories for this client over the years. 

         

Some Miller & Martin law partners tried cases with Ray Murphy over the years. The “Ray Murphy, Trial Lawyer,” known by many, relished trial. That was when he was in his element—using his great skills of persuasion, and storytelling. A trial allowed Ray to channel his talent of advocacy—as a legal warrior he looked forward to combat. One of Ray’s favorite expressions when negotiations broke down, delivered with a twinkle in his eye, was that he needed to “get his trial britches on.” Ray was always prepared, and studied for all unexpected events that might occur during trials. This is another example of the many reasons he excelled in this profession.

         

One of the stories shared by those who practiced with or against Ray, related to his oral argument style—the person who shared the story insisted there was a direct correlation between Ray’s “hitching” of his britches during oral argument and the legal issues presented. The more Ray “hitched,” the weaker the legal argument and the more Ray was relying on the emotional elements or facts of the case. Having seen Ray in action on numerous occasions, I can attest there might be some correlation, but more often than not the result was that Ray won his argument regardless of the number of “hitches.”

         

Many of us have experienced Ray in the thick of battle. He was always patient, and a great listener. He was unflappable in his pursuit of facts for a case, for a client. He was focused and direct, but was always a consummate gentleman. He did not raise his voice, but patiently extracted the information he needed to benefit his case for a client. Ray’s adversaries have equally (sometimes begrudgingly) praised Ray for his legal talents, even though they were on opposite sides of the case.

          A colleague shared that Ray was engaged in a contentious case, and deposed one witness all day. As Ray repeatedly scored points for his side, opposing counsel objected and yelled and tried to interrupt Ray in his questioning. Ray remained quiet, passive, and did not respond to the antics of the opposing attorney. At the end of a very long day, the attorneys present praised Ray for his demeanor and for his civility. Some have stated that if all attorneys practiced law in the manner in which Ray practiced, there would be no need for professional rules of ethics or rules of conduct. 

         

In trial, Ray had an almost surreal sense of everything that occurred, or might occur, during a trial. Ray understood all perspectives, including how specific events or witnesses would be interpreted by jurors. In one instance, an elderly witness, well respected in his city, was brutally cross-examined by a young energetic attorney. The attorney eviscerated the witness, made fun of the witness, and frankly was quite rude. Ray, in his infinite wisdom, did not interrupt, but allowed the jury to see cross-examination as ugly as it could get. Ray understood that by acting in such manner, the attorney jeopardized his entire case. There was no way the attorney could ever redeem himself or his client enough to ever be credible to that jury. Ray won the case.

         

As people go through life, most people covet things, they want to acquire things. Ray wanted to share things. Some of the simple things that Ray loved best were those things that he could share: hunting, Christmas Village, woodworking.

         

Ray always had a love of people.  He showed grace, wisdom and inner peace. His presence had a calming effect on people, including clients and colleagues. Ray was a phenomenal negotiator and could bring people together to achieve resolution where others before him had failed. Part of this talent is because of his very nature—he was an exceptional listener and could understand each person’s perspective to achieve unity.

         

In his many roles, as counselor or advocate, Ray led by example, quietly, prayerfully, but with a gentle and definite force. Part of his philosophy was to elevate those around him. Ray elevated all of the members of his family, whether it was his direct family, his church family, his firm family, or his Bar family.

         

In most circumstances, diagnosis of a potential fatal illness acts as a magnifier of one’s character. In Ray’s case, the diagnosis of Parkinson’s magnified all the good traits: he seemed even more patient, more compassionate, more loving. Ray turned what could have been a life sentence into a celebration of life with all its blessings.

         

Ray served in a number of leadership roles in our profession: he served as President and member of the Board of Governors of the Chattanooga Bar Association. Ray was a founding member of the Chattanooga Bar Foundation. He was selected and nominated as Fellow of the American College of Trial Lawyers, a rare honor. Ray was honored by the Chattanooga Bar Association and awarded the Ralph H. Kelly Humanitarian Award. 

         

In addition to Ray’s service in the legal arena, Ray gave his time and attention to numerous organizations in our community. Each of these organizations was blessed by Ray’s care and focus. A handful of these organizations include Teen Challenge, Inner City Ministries, Senior Neighbors and Turning Point Ministries. Ray also served on the Board of Chattanooga Area Law Enforcement Commission and the Chattanooga Resource Foundation, Chattanooga Community Foundation and the Will C. Harris Foundation. Ray also served on the Organization Committee for the Incorporation of the City of Lookout Mountain, Georgia (where he lived), was the First District Commissioner of the City, and served for its Volunteer Fire Department.

         

Ray Murphy was a member for all of his life at Lookout Mountain Presbyterian Church; he served in numerous capacities as a teacher and leader, and was a life Elder of that church. Ray tirelessly devoted time teaching Sunday School classes and leading Bible studies. He wrote a book about healthy marriage relationships, and co-taught a Sunday School class for years with his beloved wife Kathleen on building healthy marriage relationships. Ray was also active in lay renewal ministries, and began a number of ministries and Bible studies to help others, including lawyers. 

         

Ray was a devoted and loving husband to his wife Kathleen, to whom he was married since they were both “children themselves” and they were together for 55 years. He and Kathleen were blessed with three children, nine grandchildren, and one great-grandson. 

         

Ray was a longtime member of the Mountain City Club and the Lookout Mountain Fairyland Club. He was an avid golfer. Ray loved the outdoors, and loved hunting from an early age.

         

Ray Murphy led by example. He taught us so many things about life, and  coincidentally, our legal profession. As an advocate and counselor, he offered his wisdom, and his vast experience. As a legal warrior, he taught us to respect the rule of law and our adversaries, but to also be quietly aggressive in advocacy.

         

Ray delighted in bringing people together in friendship, in fellowship and faith, in family, and in our profession. Ray is still with us, an exceptional, decent, quiet, unpretentious giant.

 

THEREFORE, BE IT RESOLVED, in a special memorial session on this 1st day of March, 2013, that Raymond Ryan Murphy, Jr.’s good deeds and kindness be memorialized through this Resolution, and be adopted by this Association as words of respect, praise and memory. 

 

BE IT FURTHER RESOLVED, that a copy of this Resolution be filed in the archives of the Chattanooga Bar Association and be enrolled in the Memorial Resolution Book of the Circuit and Chancery Courts of Chattanooga, Tennessee, and that a copy be presented to his family as a token of the esteem and honor in which he has been held, as an expression of our very deep sympathy and our mutual loss. 


CHATTANOOGA BAR ASSOCIATION

(signed) M. Craig Smith, President


Memorial to

The Honorable John Y. Powers

As prepared and read by Joshua A. Powers 

 

My three brothers and my mother are honored to present this memorial resolution for John Y. Powers, a man defined by his humility, integrity and love of people.

         

My Dad was born in Lansing, Michigan on August 1, 1929, three months before the Great Depression started.  His father, Henry S. Powers was a dentist.  Dad grew up in Jackson, Tennessee with his father, mother, Bertha Mae Powers and, his older brother, Steve Powers.  One of his favorite jobs as a teenager was parking cars at the posh, downtown hotel in Jackson for tips.  For those of you who knew him well, this is where he may have gotten his start for his love of driving (and especially driving with a purpose).

         

Dad attended Union University in Jackson for one year, and then transferred to Vanderbilt, where his favorite courses were in history.  During his undergraduate years at Vanderbilt, he worked at the school gym, and refereed many basketball games.  This experience is probably the reason he was so easy on basketball referees, or for that matter, referees of any sport.  He was also in the ATO fraternity.

         

After graduating from Vanderbilt, he attended Vanderbilt Law School.  After graduating from Law School, he joined the military and worked in intelligence in Baltimore and Washington, D.C.  He truly had an elephantine memory.  In Baltimore, he met our mother, Barbara ("Bobbie") M. Powers.  They married, and after a brief stint in Miami, they moved to Chattanooga for Dad to take a job with the Spears, Moore, Rebman & Williams firm.  Dad practiced law for about 25 years, and handled all types of cases for all types of people.  He truly loved the part of being a lawyer where he had the opportunity to help someone with a problem or make a positive difference in their life.

         

In 1984, Dad was appointed to be the United States Magistrate Judge for the Eastern District of Tennessee at Chattanooga.  As much as he enjoyed private practice, he even more enjoyed serving as Magistrate Judge.  He always treated those in his courtroom with respect and fairness, whether they deserved it or not; and then sitting with the lawyers in chambers telling stories which usually included one about Howell Clements.

         

Dad retired from the Army Reserve as a Colonel, and then retired from the bench in the mid-2000's.  He was always so proud of his four sons, me, Luke (an English Professor at Tennessee State), Matt (Head of IT at Harding Academy), and Sam (an Analyst at O'Neil Hagaman), and also his seven grandchildren.  In the end, he lead by example, and through his humility and love of his fellow-person, taught all of us and those around him how to live a good life.

         

Here are a few little known facts about John Y. Powers:

          1.  He was an excellent pianist, with truly perfect pitch.  He loved Fats Waller and Eubie Blake, although he studied Mozart and Brahms as a child.

          2.  He liked to drive fast (well maybe you knew that one).  It wasn’t as much that he liked to drive fast, it was that others on the road drove so slowly.

          3.  He was related to the Incredible Hulk.  Although he could not leap tall buildings, he could eat an entire bag of Hershey's Kisses in one sitting.   

          John Powers passed away peacefully at Alexian Village on March 29, 2012 after a bout of pneumonia, never complaining, and always thinking of others up to the end.

         

THEREFORE, BE IT RESOLVED, in a special memorial session on this 1st day of March, 2013, that The Honorable John Y. Powers’ good deeds and kindness be memorialized through this Resolution, and be adopted by this Association as words of respect, praise and memory. 

           

BE IT FURTHER RESOLVED, that a copy of this Resolution be filed in the archives of the Chattanooga Bar Association and be enrolled in the Memorial Resolution Book of the Circuit and Chancery Courts of Chattanooga, Tennessee, and that a copy be presented to his family as a token of the esteem and honor in which he has been held, as an expression of our very deep sympathy and our mutual loss. 


CHATTANOOGA BAR ASSOCIATION

(signed) M. Craig Smith, President


Memorial to

Jane K. Ricci

As prepared by Rosemarie Hill and read by Dana Perry

         

Jane K. Ricci was born in East Stroudsburg, Pennsylvania, a small town in Pennsylvania.  She completed her undergraduate work at Dickinson College with a Psychology major in 1969, and obtained a Masters Degree at the University of Pittsburgh in Development Psychology in 1972.  She attended Ohio State University Law School and received her J.D. in 1979.  

         

Jane, her husband John, and their four children came to Chattanooga in 1998.  They relocated because her husband had taken a job at the training center of the Nuclear Regulatory Commission.  

         

Jane worked for the law firm of Hutcheson, Pinchak, Powers & Disheroon from 1990 through 1991 and then when the Hutcheson firm merged into Witt, Gaither & Whitaker after Bill Hutcheson’s death, she came to the Witt firm.  She remained at Witt, Gaither & Whitaker from August 1991 through July 2002 when that firm merged with Shumacker & Thompson.  When that merged firm dissolved in 2006, she moved to Chambliss, Bahner & Stophel.  Her time was far too short with us.  We came to know her as a person, to recognize her value to the firm, and to care about her.    

         

Jane’s career was in estate planning, trust administration and estate administration.  She thoroughly enjoyed her work and genuinely cared about her clients.  In turn, her clients adored her, and in addition to praising her excellent legal services, they loved to simply talk with her.  You could walk by Jane’s office on any given day and find small gifts for her left by clients – baked goods, a special coffee or tea, or a book they wanted her to read.  She was very smart but often kept her own counsel and was quieter than many of the rest of us.  This is a trait that sometimes caused other lawyers to underestimate her abilities – a mistake the wiser ones only made once.  

         

Jane’s work and her family kept her busy, but she always kept her priorities straight – she made time for her family, and she and John raised four wonderful children.  

         

Jane had a great sense of humor.  She was one of those people who if you could make her really laugh, she rewarded you with a big belly laugh, and you would walk away grinning and knowing that you had accomplished something.  

         

THEREFORE, BE IT RESOLVED, in a special memorial session on this 1st day of March, 2013, that Jane K. Ricci’s good deeds and kindness be memorialized through this Resolution, and be adopted by this Association as words of respect, praise and memory. 

         

BE IT FURTHER RESOLVED, that a copy of this Resolution be filed in the archives of the Chattanooga Bar Association and be enrolled in the Memorial Resolution Book of the Circuit and Chancery Courts of Chattanooga, Tennessee, and that a copy be presented to her family as a token of the esteem and honor in which she has been held, as an expression of our very deep sympathy and our mutual loss. 


CHATTANOOGA BAR ASSOCIATION

(signed) M. Craig Smith, President


Memorial to

Joseph Church Wagner

As prepared and presented by W. Bradley Weeks

         

Joe Wagner was born in Chattanooga, but lived virtually his whole life on Signal Mountain until he passed away on July 19 of this past year. He graduated from Chattanooga High School, the University of Chattanooga and the University of Tennessee Law School. He was admitted to the State Bar in September of 1940 and shortly after that joined the Federal Bureau of Investigation for service during WWII. While in the FBI and stationed in Idaho he married his college sweetheart, Grey Littleton, and over the course of the next 67 years of life together they raised nine children.

         

After resigning from the FBI in 1946 he returned to Signal Mountain and practiced with his father in the firm of Wagner & Wagner until 1953 when he joined Bill Weeks and formed the firm of Wagner & Weeks. In 1961 the firm became Wagner, Weeks & Nelson with the addition of David Nelson eventually becoming Wagner, Nelson & Weeks, which it is today. The firm includes David Nelson, Brad Weeks and Richard and Mike Wagner.

         

Over the course of Joe’s life, he served as a Boy Scout leader, a Charter Member of the Signal Mountain Lion’s Club, and a member of the Chattanooga Chapter of the Society of Former Agents of the FBI. He served the Town of Signal Mountain as both their Municipal Attorney and as their Back Tax Attorney, for over 50 years. As anyone who has been involved in municipal government knows, it can be a challenging experience. No one was better suited to quell the raging sea than Joe Wagner. In fact, most attorneys who worked with and against him came to recognize that if you wanted to get something done, Joe was the one who could do it. It wouldn’t necessarily be done quickly, but it would generally end up where everyone was satisfied with the result. He watched the law evolve over the course of the 72 years that he practiced. He recognized that getting a result for his client was more important than putting another notch in your gun for winning the case or running up billable hours.

         

Joe lived life on his own terms. He recognized the value of hunting and fishing and being outside. I am convinced that is why he got along so well with my father, neither one resented the other taking off a little time to spend with their family or on a lake somewhere catching crappy. Don’t get me wrong, he worked, it was just at his own pace. I don’t ever remember him taking a vacation, just a day here or a day there. Later in life you could find him on the lake with one of his sons or working in his garden on Signal Mountain with his grandchildren. He was not impressed by fine clothes or a new car, in fact, I don’t think I’ve ever known a more unpretentious human being. His life was fulfilled with the riches of contentedness, serenity, and the gentle strength that served him so well over the 97 years of his life. He found great joy in his life, his family, and his profession. He died with his boots on, and his hat tilted, on his way home from work, content in a life well lived.

 

THEREFORE, BE IT RESOLVED, in a special memorial session on this 1st day of March, 2013, that Joseph Church Wagner’s good deeds and kindness be memorialized through this Resolution, and be adopted by this Association as words of respect, praise and memory. 

         

BE IT FURTHER RESOLVED, that a copy of this Resolution be filed in the archives of the Chattanooga Bar Association and be enrolled in the Memorial Resolution Book of the Circuit and Chancery Courts of Chattanooga, Tennessee, and that a copy be presented to his family as a token of the esteem and honor in which he has been held, as an expression of our very deep sympathy and our mutual loss. 


CHATTANOOGA BAR ASSOCIATION

(signed) M. Craig Smith, President


Memorial to

Arthur “Art” David Wulforst

As prepared and presented by Stanley Lanzo

         

Art was born June 19, 1949 in Trenton, New Jersey, to Harry David and Marjorie Gilbert Wulforst.  He was the first born child and first grandchild of Henry Wulforst, New York City and Nan and Arthur Gilbert of Cape May, New Jersey.  He was fortunate to spend his summers and holidays at 21 Second Avenue across the street from the beaches of Cape May, New Jersey and his teenage years as a lifeguard on several beaches in Cape May.  He was an accomplished rower, winning many lifeguard meets with his partner and now Beach Patrol Captain, Buzzy Mogck.

         

He went to high school at Scotch Plaint, NJ, undergraduate school at UTK, where he was involved in several sports (boxing, walk on for UTK football).  He was proud, but not vocal to many, that he got to run through the goal posts, that he was the “punching bag” for Steve Kiner and Hacksaw Reynolds, and also that Phillip Fulmer was on that team.  While at Knoxville, he volunteered at the Knoxville Zoo, Herpetology Department (Snakes), as he was an avid snake collector and hunter.

         

Art graduated from UTK and went to Memphis State Law School.  He began his career in law with Jay Stringer as an insurance defense attorney.  He worked there for a short period of time before he decided to practice on his own.  He eventually went into partnership with Charles O. Ragan.

         

Art was practicing with Charlie in 1984 when he suffered a traumatic injury.  Doctors did not predict Art would survive his injury.  Art did survive.  However, he faced a long and difficult recovery.  At this point, Art’s many friends in the legal community rallied around Art and Maggie to make certain he received the rehabilitation and support needed.  Art went to Craig Hospital in Denver, Colorado, where he underwent several years of rehabilitative therapy.  In addition to all of the financial support provided by Art’s fellow members of the bar, efforts were made to take care of Art once he returned home from Denver.  Local officials as well as officials at the state level all came together on Art’s behalf.  District Attorney Gary Gerbitz, Representative Brenda Turner, State Senator Ward Crutchfield, and Governor Ned McWhorter all worked together for the passage of a bill creating a brand new position in the District Attorney’s Office for a paralegal working as a victim/witness coordinator in General Sessions Court.  This position was one of the first of its kind at a time when victim’s issues were not at the forefront as they are today.  Art loved his job and the interaction with his friends in the bar.  He worked in this position in the District Attorney’s Office for eighteen years before he retired.   

         

Art married his wife and best friend Maggie on July 12, 1982, and they were fortunate to celebrate thirty years of marriage on July 12, 2012.  He was blessed to live 28 ½ years after his accident.

         

Art never complained about the hand he was dealt, but considered himself blessed due to all his friends and his memories of practicing law.

         

Art lived a unique life before and after his accident.  He had so many interests including athletics, even exercising every day after his accident. He considered himself truly blessed to have been able to practice law, even if it was cut short, and to be able to participate in the many sports and activities he loved.

         

Art loved the South.  He hated to be called a “Yankee”.  His favorite quote was “He was a Yankee by birth, but a Southerner by choice.”  He loved the opportunities afforded him to explore the countryside and hunt for “Hot Snakes”.  He loved UTK Football and would often say he would practice law for free, but Maggie wouldn’t let him. 

         

Art was a unique man.  No pretense, extremely smart, and a good friend to anyone he came into contact with, disregarding their station in life.  He loved his friends, family and his church, Signal Mountain Bible Church. 

         

THEREFORE, BE IT RESOLVED, in a special memorial session on this 1st day of March, 2013, that Arthur David Wulforst’s good deeds and kindness be memorialized through this Resolution, and be adopted by this Association as words of respect, praise and memory. 

         

BE IT FURTHER RESOLVED, that a copy of this Resolution be filed in the archives of the Chattanooga Bar Association and be enrolled in the Memorial Resolution Book of the Circuit and Chancery Courts of Chattanooga, Tennessee, and that a copy be presented to his family as a token of the esteem and honor in which he has been held, as an expression of our very deep sympathy and our mutual loss. 


CHATTANOOGA BAR ASSOCIATION

(signed) M. Craig Smith, President

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