MEMORIAL RESOLUTION 2017

2017 MEMORIAL RESOLUTIONS

Memorial to

James Alfred Anderson

As prepared and presented by Ardena J. Garth

James Alfred Anderson, Esq., 69, of Chattanooga, died on Monday, September 26, 2016 in a local hospital.

He was born in LaGrange, Ga., on May 20, 1947, and moved to Chattanooga, when he was three years old. He graduated from Riverside High School, Class of 1966. He received his associate’s degree from Southwestern Christian College (SWCC) and Bachelor of Science Degree from East Texas State University (now Texas A&M University). He also received his Doctor of Jurisprudent Degree from the Nashville School of Law, passed the Tennessee Bar Exam, and later opened a private office where he helped many clients via Pro Bono work.

He served as a Magistrate Judge of Hamilton County for several years and also served on the Election Commission.

Before becoming an attorney, James worked on many projects with outstanding accomplishments which included, but not limited to: Administrative Analysis and Project Director of the Department of Employment Security, Director of Unemployment, Affirmative Action Commission consultant for the state of Tennessee, Director of the Metropolitan Work Incentive Program, TVA, and first Regional Coordinator of the Human Rights Commission of Chattanooga.

He was a member of the Alpha Phi Alpha Fraternity, Inc. and was a member of the Church of Christ. He was also a former member of the Unity Group.

The last time I saw James was in December 2015. He was always ready to zealously represent his clients and to ensure equal treatment under the law.

THEREFORE, BE IT RESOLVED, in a special memorial session on this 3rd day of March, 2017, that James Alfred Anderson, 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

William G. Colvin, President

Memorial to

Charles Boyd Coleman, Jr.

As prepared and presented by William Thomas Bible, Jr.

Boyd Coleman died on August 29, 2016, and I was fortunate to have been his son-in-law for almost 30 years.

Boyd was one of those rare individuals that could do almost anything and enjoyed understanding the precise details of the things he encountered -- from the internal combustion engine to statutory construction.

While most of us have a general idea of how the engine in our car works, Boyd knew exactly how the entire mechanical system of a car worked, could disassemble and reassemble it and had the tools and the machinery to build one from scratch had he so desired.

While, among his friends, his fondness for old cars was widely known, what may not be known was his fondness for old trucks. Shortly before he turned 80 he located a 1953 Kenworth tractor near Spokane, Washington and decided that he wanted to bring it to Chattanooga to preserve it. Instead of having it shipped, he flew out to Washington, got it in running order and drove it back to Chattanooga (much to the consternation of his family and at least one Kansas state trooper).

Boyd also had tremendous working knowledge of firearms and great respect for the significance that they played in our country’s history. He was also a collector of antique telephones and almost any other type of early 20th century machinery.

When it came to the law he wanted to absorb and understand it just as he understood the internal combustion engine, and to this end Boyd was an avid reader.

When I had just graduated from law school I remember him telling me that he was constantly amazed at what he "found in those green books" referring to the Tennessee code. And advised me to "look there first" when researching. He was constantly pouring over case law, law review articles and outside reference materials that he would collect from estate sales, library sales, book stores and other attorneys.

Boyd was a loyal friend and zealous advocate.

As the years pass I have come to realize that perhaps the only true asset that we have is our time here on earth. Boyd always had time for his family and his many friends, and to borrow a line from Craig Wiseman, Boyd was simply "a friend that a friend would like to have." As a friend, Boyd was a good and attentive listener.

He was also a natural problem solver who didn't know the meaning of "quit". When issues arose, he was always available to talk, brainstorm, intercede, cajole, and do whatever it took, for as long as it took, to resolve the issue.

His clients were treated the same way. He always had time for his clients and was available 7 days a week to work through their issues, problems and concerns, regardless of whether they were paying clients or one of his several long term pro bono clients.

Boyd was always interested in the details of the lives and events of his family and friends. I can’t begin to count the many phone calls I had with Boyd where he helped me think through the issues of cases that I handled as a young attorney, and I know he did the same for others. From time to time Boyd would sit as Special Judge for his friend Clifford Lane in Marion County and he seemed to truly enjoy those occasions listening to and assessing the details of each case.

Boyd was a Man of Faith

No posthumous mention of Boyd would be complete without referring to his strong faith in Christ, he was a member of 1st Presbyterian church for almost 70 years where he regularly attended with his wife, Mary. He was very active in many of their programs and ministries, including evangelism explosion, and he cherished the relationships he formed there with ministers, especially Rocky Young and Ben Haden, and many fellow congregants.

Boyd was born on August 14, 1933, in Chattanooga, Tennessee. He graduated from the McCallie School, served in the U.S. Navy, received his undergraduate degree from The University of Chattanooga, his MBA from UTC and his law degree from what is now the Nashville School of Law. He was preceded in death by his mother, Mary Elder Bickerstaff, and his father, Charles Boyd Coleman.

He is survived by his loving and devoted wife, Mary Nelson Coleman, his daughters, Laura Coleman Bible and Donna Nelson Coleman and his grandchildren, William Bible, III, and Mary Elder Bible.

THEREFORE, BE IT RESOLVED, in a special memorial session on this 3rd day of March, 2017, that Charles Boyd Coleman, Jr.’s good deeds and kindness be memorialized through this Resolution, and be adopted by this Association as words of respect, praise and memory.

CHATTANOOGA BAR ASSOCIATION

William G. Colvin, President

Memorial to

James Alfred Anderson

As prepared and presented by Ardena J. Garth

James Alfred Anderson, Esq., 69, of Chattanooga, died on Monday, September 26, 2016 in a local hospital.

He served as a Magistrate Judge of Hamilton County for several years and also served on the Election Commission.

He was a member of the Alpha Phi Alpha Fraternity, Inc. and was a member of the Church of Christ. He was also a former member of the Unity Group.

The last time I saw James was in December 2015. He was always ready to zealously represent his clients and to ensure equal treatment under the law.

CHATTANOOGA BAR ASSOCIATION

William G. Colvin, President

Memorial to

Honorable Robert E. Cooper

As prepared and presented by Robert E. Cooper, Jr.

When we were small, our father would sing gospel hymns to us. My sisters – Susan, Bobbie and Kelly – remember him singing at bedtime. I remember his baritone voice filling the car as we drove over the Walnut Street Bridge to my nursery school at First Centenary Church.

One hymn has stayed with me for fifty-five years – “The Old Rugged Cross.” It must have been his favorite, because my sisters remember it too.

The hymn is a celebration of a full life lived in devotion and dedication. And maybe that is what drew my father to it. He was a man of amazing talents. But what truly distinguished him was his fierce devotion and unshakeable dedication to what he held dear: his church, his community, and his family.

When my parents married in 1949, they looked for a new place to worship and found the perfect spiritual home not far from this courthouse at Second Presbyterian Church. As with anything important to him, my dad threw himself completely into the life of the church. He was a Sunday school teacher, Deacon, Elder, Clerk of Session, and chairman of the church Board of Trustees. He walked three daughters down the sanctuary’s aisles to present them in marriage.

While my father was a spiritual man, his true calling was service to the community. He was devoted to this city, and he turned down any opportunity for advancement that would have required him to leave.

He was born and raised in east Chattanooga, coming of age in the Great Depression. Until his death, he could drive down any street in that neighborhood and tell you who lived in each house and their complete life stories. As a child, he played ball in Jackson Park, which is now part of the National Cemetery where he is laid to rest.

After he graduated from City High School at the age of 15, he attended Edmondson Business College. He then drove a Railway Express delivery truck to factories all over town, where he got a real education in business.

When the call to duty came after Pearl Harbor, he did not hesitate to protect the community he loved. Just like his father in the Great War, my father was in the first group of Navy volunteers from Tennessee in World War II.

As with that entire generation, the war was a turning point in his life. The country rewarded his patriotism by sending him to officer training school at the University of North Carolina and to Vanderbilt Law School after the war under the GI Bill. He compiled an exemplary academic record at both, graduating Phi Beta Kappa at Chapel Hill and Order of the Coif at Vanderbilt.

My father knew his country had given him a tremendous gift. And he quickly began to repay that debt through public service.

In 1951, after two years with Kolwyck & Clark, he became an assistant district attorney under General Corry Smith, while also starting Cooper & Barger with Al Barger.

Two years later, Governor Frank Clement appointed him judge of the Sixth Judicial Circuit at the age of thirty-three. That began a judicial career that would continue for thirty-seven years.

My father loved the pageantry of life that flowed through his circuit courtroom upstairs in this building. He enjoyed being captain of his own ship. He ran a tight courtroom but respected the bar and mentored young lawyers. My dad always said being a trial judge was the best job in the judiciary.

But he was called to bigger challenges, moving to the Court of Appeals in 1960 and then winning election as part of the great Supreme Court of 1974.

The law was the perfect instrument for his love of public service. He relished the opportunity of putting his considerable legal skills toward solving practical problems. To borrow a phrase from Samuel Johnson, my father’s work was a “strong mind operating upon life.”

And what issues they had before the 1974 Court: groundbreaking opinions on freedom of religion, freedom of speech, gender equality, searches and seizures, and many other fundamental issues that brought Tennessee’s jurisprudence into the modern age.

The 1974 Court also embarked on long-needed reforms to the administration of justice in Tennessee. The Court wrestled with judicial ethics, lawyer discipline, and new rules for trial and appellate cases. These were complex issues that required not just legal knowledge but the ability to reconcile diverse interests. He was tailor-made for that job.

But to truly serve justice, one must also be fearless, and he was that too.

As an assistant district attorney, my father prosecuted criminal cases before Judge Raulston Schoolfield. At the time, Schoolfield was one of the county’s most powerful and disreputable figures.

But that did not stop my father from speaking out when he saw a miscarriage of justice. In fact, after one exchange with the judge, Schoolfield ordered my dad into chambers, looked him in the eye and said, “Cooper, I will get you if it’s the last thing I do.” For a young lawyer at the beginning of a promising legal career, my father was taking a great risk. But as the prophet Micah says, the Lord requires you to do justice, and for my dad that applied everywhere, including Judge Schoolfield’s court.

My dad was devoted to his church and to his community, but his greatest love was for his family. He met his future wife, Kitty Kelly from Sylacauga, Alabama, on the train from Chapel Hill when they were both returning home from school. Daddy said they played cards. I don’t know what the stakes were for the game, but by the time they pulled into Chattanooga, he had won her heart.

They went on to graduate from Vanderbilt Law School together and got married the following Thanksgiving. Unfortunately, there were no opportunities for women lawyers in Chattanooga at the time, but as far as their marriage was concerned, Cooper & Cooper was an equal partnership.

My father remained in awe his entire life of the beautiful co-ed who seemed to run every campus organization at UNC while majoring in chemistry, raised four headstrong children, headed the city PTA, helped him in chambers, taught high school, and in all respects lived a life equally devoted to service.

Church, community, family. Those were his loves. And in those and every other respect, we can say, in the words of the apostle Paul, that my father fought the good fight, finished the race, and kept the faith.

THEREFORE, BE IT RESOLVED, in a special memorial session on this 3rd day of March, 2017, that Robert Elbert Cooper’s good deeds and kindness be memorialized through this Resolution, and be adopted by this Association as words of respect, praise and memory.

CHATTANOOGA BAR ASSOCIATION

William G. Colvin, President

Memorial to

Glenn R. Copeland

As prepared by Mark E. Whittenburg and Mitchell L. Meeks and presented by Mitchell L. Meeks

Glenn R. Copeland, age 82, died on May 22, 2016.

He was born in Lakeland, Florida and moved to Chattanooga as a small child. For many years he was an active member of Highland Park Baptist Church where he served as a deacon, was on various committees and taught young people in Sunday School. More recently Glenn and his wife became members of Silverdale Baptist Church.

Glenn graduated from Tennessee Temple University. After getting married and starting a family, he got the urge to go to law school. While working full time at the Post Office, Glenn enrolled in law school at the University of Tennessee and commuted from Chattanooga to Knoxville in a Volkswagen bug until he was able to graduate from law school.

After graduating from law school, Glenn began working with the firm that eventually became known as Weill, Ellis, Weens & Copeland and practiced there for many years. During that time, Glenn developed a friendship with Walter Ellis whom he credited for teaching him much of what he knew about practicing law. In the early 1980’s after Mr. Ellis began having health problems, he and Glenn began a law firm in Brainerd. Unfortunately, Mr. Ellis passed away not long after the firm was started.

Glenn is the reason I stand before you today as a practicing attorney. You see, Glenn was more than just a law partner to me. I first met Glenn when I was a sophomore in college at Tennessee Temple. He was my Business Law Professor. I knew that I was interested in pursuing a career in law after I took his course, and Glenn followed my progress and encouraged me all along the way. Even after I graduated from law school, he would call once or twice a year just to find out how I was doing and if I needed any help or advice. His calls followed me from North Carolina to California to Florida. And then 14 years ago, he called and asked me to come full circle, move back to Tennessee and join his practice. It did not take much persuading. Glenn was my mentor but he was so much more. He was my friend.

Glenn hired Mark Whittenburg in 1986 and he and Glenn practiced together for 29 years until Glenn retired in 2015. I know Mark agrees that Glenn was a mentor to both of us, but he was so much more, he was our friend. Though other attorneys have been part of the practice through the years, Mark and I, and now Emma Andrews, practice together to serve the clients of our community.

Glenn was a kind and generous man. While I don’t think he ever participated in any formal pro bono program, the world will never know how many pro bono hours he put in. He would often take on cases which simply were economically unfeasible to handle, saying if you will help this person with this small case and do your best, you will have a client for life. He would sometimes take cases other lawyers had already turned down, knowing they would be difficult to win. His clients kept coming back and eventually referred their children, grandchildren, friends and neighbors. He would say, “Maybe you aren’t going to make anything on this little case now, but this client may come back to you with a big case one of these days”. Glenn’s “big picture” approach to the practice of law seemed to work for him.

Because of Glenn’s commitment to the field of law, because of his devotion to every client he ever encountered, because of his collegial relationship with every attorney who knew him and because of his winsome and gracious spirit, it is only fitting that we honor him today.

THEREFORE, BE IT RESOLVED, in a special memorial session on this 3rd day of March, 2017, that Glenn R. Copeland’s good deeds and kindness be memorialized through this Resolution, and be adopted by this Association as words of respect, praise and memory.

CHATTANOOGA BAR ASSOCIATION

William G. Colvin, President

Memorial to

William “Ward” Crutchfield

As prepared by Tom Crutchfield and presented by Rheubin M. Taylor

Ward was predeceased at an early age by his parents, Thomas Crutchfield and Nel Ward Crutchfield, and was often heard to say that he had lived longer than all the other men in his family.

Ward was born in Chattanooga on December 12, 1928, and received his early education at the Chattanooga Public Schools, the Bright School, the Battle Ground Academy, and graduated from the McCallie School. He received his bachelors’ degree from the University of Chattanooga and his law degree from the University of Tennessee.

After receiving his law degree and obtaining his law license, Ward returned to Chattanooga to practice law, where he later represented the Hamilton County School Board. It was at this early date that Ward developed a deep interest in politics, and his political accomplishments, alone, could fill several pages. So I will only highlight a few:

Member of the 80^th and 82^nd Tennessee State General Assembly;

Member of the Tennessee State Senate from 1963-1967 and from 1987 -2007;

While in the Senate, Ward served as Senate Majority Leader for many years; and

Served as Chairman of the Hamilton County Democratic Party from 1970-1984.

In 1973, Ward and his law partners, Don Moore and B. Stewart Jenkins, became the first law firm in the City of Chattanooga to hire a black attorney, Rheubin M. Taylor. The many years that were spent together in the practice of law and in the political arena were invaluable, and lead to the political careers of Don Moore (who became Hamilton County Judge), and Rheubin Taylor (who was elected to the 1977 Constitutional Convention and the first Hamilton County Board of Commissioners in 1978). Ward was a key figure in inspiring the entry into the field of politics of many a local, state, and national politician.

In addition to being willing to help those facing legal problems for little or no fee, Ward could never resist the urge to talk politics with everyone he met. He was never heard to speak an evil thought toward anyone whom he encountered in either the legal or political realms in which he became involved.

He is survived by his wife, Joan, his two daughters, Candy Kinsey and Missy Crutchfield, and two grandchildren, Morgan Kinsey and James Ward Crutchfield Corn.

THEREFORE, BE IT RESOLVED, in a special memorial session on this 3rd day of March, 2017, that William “Ward” Crutchfield’s good deeds and kindness be memorialized through this Resolution, and be adopted by this Association as words of respect, praise and memory.

CHATTANOOGA BAR ASSOCIATION

William G. Colvin, President

Memorial to

Billy Bruce Guthrie

As prepared and presented by Arthur C. Grisham, Jr.

One year ago, in 2016, I was honored to stand before you to present a Memorial Resolution for my late friend, Bruce H. Guthrie II, the son of Billy Bruce Guthrie. Today, I am doubly honored to offer tribute to my late friend’s father, whom I also counted as a friend . . . and a mentor.

Less than one year following his son’s death, Billy Bruce Guthrie departed this life on July 30, 2016, at 87 years of age. He had lived a full life, practicing his profession with honor, dedicated to representing and serving those less fortunate than he.

Billy Bruce, also known as “B. B.” to his fellow attorneys, was born May 24, 1929, in Chattanooga. He attended Chattanooga’s Central High School, served honorably in the United States Marine Corps for two years near the end of World War II, and then returned to Chattanooga to complete his high school education. He then attended Cumberland University in Lebanon, TN where he studied law.

After graduation from Cumberland University in 1953, and holding a variety of jobs in middle Tennessee, B. B. was admitted to the Tennessee Bar and returned to Chattanooga. He first practiced law and did claims work at Campbell & Campbell for Travelers Insurance. For a number of years, he served his community and his country as an Assistant District Attorney in the United States District Court for the Eastern District of Tennessee. During his years of private practice, he was partners with the late Paul Sorrick, Gary Disheroon, and his late son, Bruce H. Guthrie, II.

Typically, these memorials contain a statement that the honoree “honorably practiced law from year X until his retirement in year Y.” I cannot include such a statement in this Memorial Resolution, because Billy Bruce Guthrie never retired. He practiced law from 1958 until he drew his last breath in July 2016. Though failing health prevented Billy Bruce from maintaining a law office, he continued to perform legal services from his home. He and his son worked together on many cases until his son passed away, and it was not unusual during that time and afterward for me to answer a call from Billy Bruce wanting to “run something by me,” or asking me if I would work with him on a case.

It was always a pleasant, professional surprise, and somewhat of a shock when B. B. would call to ask MY advice on a legal matter - especially in light of our first professional encounter. I was working for a law firm which primarily practiced insurance defense law. As an associate, one of my tasks was to handle subrogation cases - cases in which the insurance company had paid its policy holder for damages the insured had suffered, with the insurance company later filing suit against the individual or company responsible for the damages to try to recover what it had paid. But insurance companies would file such suits in the name of its insured, rather than in its own name, because insurance companies were afraid that if they filed suit in their own names, juries would not be fair to them. So filing suit in the name of the insured was standard practice.

I represented an insurance company which had paid for repairs to an airplane that had been rented by Billy Bruce Guthrie’s client, a gentleman who worked at Dupont and had a private pilot’s license. One day, to get in some air time, he decided to rent a plane and fly to Huntsville, Alabama for his evening meal. On approach to the Huntsville airport, the plane’s engine began to sputter. The plane had run out of fuel in its main tanks and Billy Bruce’s client failed to flip the switch to the auxiliary fuel tanks. The plane crashed in a corn field, causing lots of damage to the plane. I sued the part-time pilot for the damages - in the name of the insurance company’s policy holder. Billy Bruce filed a motion to require the suit be brought in the name of the insurance company, claiming that the insurance company was the real party in interest and should be required to file suit in its own name. I fought the motion “tooth and nail” and when the judge ruled that the insurance company would have to sue in its own name, I tried to appeal that ruling to the Court of Appeals, but the appeal was unsuccessful. The insurance company decided to drop the suit rather than facing a jury in its own name. Billy Bruce won the case without even having filed an answer! I dreaded facing him after that, expecting to get a smirk, or a look of superiority, but all I got was a smile and a compliment that I had fought hard for my client. I appreciated his comments, but I learned an invaluable lesson from Billy Bruce - that no matter what the “standard practice” might be - fight, fight, fight for your client - and against all odds, and “standard practices,” you just might win your case.

I really got to know Billy Bruce, the man, rather than Billy Bruce, the lawyer, in his latter years. He was a man with many memories of practicing law in Chattanooga, and we enjoyed swapping tales of some of the “characters” who practiced law in the past. He often engaged me in discussing some of the finer, more esoteric points of the law, and we often discussed the Bible. Though in his final year he was physically tethered to an oxygen tank, he was, even in a more substantial way, spiritually tethered to “things above.”

Billy Bruce Guthrie was a man who loved. He loved his country. He loved Tennessee. He loved Chattanooga. He loved the Democratic Party - even though he lived in deep Republican country - because he found that Democratic party platforms more closely carried out what the Bible calls “true religion” - caring for the poor, the orphan and the widow. He loved being a Shriner and the Alhambra Shrine’s support of the Shriners Hospitals for Children. He loved his family - his first wife, Betty Janelle Guthrie, who preceded him in death, his second wife, Dorotha (Ms. Dee) who survives him, his daughters Deborah Irene Guthrie-Tripp and Kimberly Joyce (“Gi-Gi”) Nash, and his son, Bruce, who predeceased him. He loved his sons-in-law, Joe and Robert T., his daughter-in-law, Leslie, his grandchildren, William Bruce Guthrie and Michelle Hope Guthrie, and his stepson William Ray McConnell.

THEREFORE, BE IT RESOLVED, in a special memorial session on this 3rd day of March, 2017, that Billy Bruce Guthrie’s good deeds and kindness be memorialized through this Resolution, and be adopted by this Association as words of respect, praise and memory.

CHATTANOOGA BAR ASSOCIATION

William G. Colvin, President

Memorial to

John Milton Higgason, Jr.

As prepared and presented by Katherine Higgason Lentz

John M. Higgason, Jr. was born on December 3, 1949, in Chattanooga, Tennessee, the son of the late Dr. John M. Higgason and Charlotte Higgason Walker. He grew up in North Chattanooga and attended Normal Park Elementary School. From there, Johnny attended the Baylor School, where he was a letterman in football and wrestling. He graduated from Vanderbilt University before attending law school at the University of Memphis. Johnny briefly practiced law in Memphis before returning to practice law in Chattanooga for the remainder of his career.

Johnny was a member of the Tennessee Bar Association, the Tennessee Trial Lawyers Association, and the Chattanooga Bar Association and was inducted as a Fellow of the Chattanooga Bar Foundation in 2010. He posthumously received the 2015 Harry Weill Zealous Practice of Law award from the Chattanooga Bar Association. This year the Chattanooga Bar Association honored my father with the establishment of the John M. Higgason Courage Award, a yearly award to be presented to a member of the Bar who has faced adversity with a positive attitude, humility, and without self-pity, all the while maintaining an interest in others.

John was included in the first list or class of mediators approved by the Tennessee Supreme Court. John loved the law but believed strongly in the benefits of mediation, specifically in domestic relations cases, and took pleasure and pride in assisting other attorneys and their clients reach a resolution outside of the courtroom. John served as City Judge for the town of Lookout Mountain beginning in 2009 and until his death. He had been asked to serve as City Judge some years ago but declined stating that he did not want to “possibly” preside over proceedings involving his children’s friends and/or his children.

Johnny served on the board for Tennessee Donor Services in Chattanooga and volunteered for the Kidney Foundation of Southeastern Tennessee. He often spoke to civic organization to raise awareness for kidney disease and kidney transplantation, having undergone four kidney transplants himself. John was honored and proud of his participation in the National Transplant Games in 1990 and again in 1994, when he won several medals in swimming events for his age group, including a gold medal in the butterfly. He became a fly fisherman later in life and enjoyed both the quiet solitude and meditation of the fishing stream and the shared comradery of fishing with dear friends and his sons in law.

John was a communicant of the Church of the Good Shepherd of Lookout Mountain and found great comfort, faith and joy as the designated reader for his men’s study group.

It is truly difficult to encapsulate everything that my Dad was, endured, and meant to us, his family, and friends. He certainly would not want to be remembered solely for his struggle with kidney disease and other physical ailments. He loved rock & roll, fast cars, fishing, friends and his family, hopefully not in that order. I hope that it will be my father’s unwavering positive attitude, strength, and kindness that will be remembered. He was a scrappy fighter and a kind and selfless soul. Dad used to hand write letters of encouragement to family, friends, colleagues, and strangers.

Johnny was a husband to Connie, his wife of 44 years, and a wonderful father to me and my sister, Charlotte. He was overjoyed to even the numbers of our family with the inclusion of his sons-in law, Jason and Doug. Having gone into renal failure at the age of 30, Johnny wanted only to see his children graduate from college, attend our weddings and meet his grandchildren. He achieved his goals and was thinking only of his family and friends in the end. Johnny passed away at home on January 21, 2016.

I stand before you now, as my Dad stood before the Tennessee Supreme Court to introduce me at my admittance to the Bar, proud to memorialize this man, my father. To borrow words from the poet Maya Angelou, I think and hope that when someone brave and kind and good like my father existed, we all can be, be and be better, because he existed.

THEREFORE, BE IT RESOLVED, in a special memorial session on this 3rd day of March, 2017, that James Andrew Shannon Wilson’s good deeds and kindness be memorialized through this Resolution, and be adopted by this Association as words of respect, praise and memory.

Chattanooga Bar Association

William G. Colvin, President

Memorial to

Richard Korsakov

As prepared and presented by James R. Paris

Richard Korsakov died after battling cancer on the 2nd day of December, 2016. He was a native of Springfield, Massachusetts, and the son of the late Solly Samuel and Rose Korsakov.

Richard is survived by his brother, Allan Korsakov of Houston, Texas, his former wife Elise Lewis of Chattanooga, Tennessee and his daughter, Shoshanna Harrow of London, England. Like her parents, Shoshanna was blessed with an extraordinary intellect. She currently practices law with one of New York City’s largest international finance law firms in its London office.

Richard graduated with a Bachelor of Arts degree from Southwestern at Memphis in 1960. Richard served in the United States Army from 1962 until 1966. He received extensive training in foreign languages and became fluent in German and Russian.

He attended law school at the University of Tennessee College of Law from 1966 to 1969 and received a Doctor of Jurisprudence degree. Richard was admitted to practice law in the state and federal courts in Tennessee in 1969 and began learning the ropes of the practice of law at the Chattanooga law firm of Roberts, Weill, Ellis, Weems and Copeland. Richard joined the practice of Bernie Cohen in the early 1970s and practiced commercial law until his death, under the firm name of Cohen and Korsakov.

Richard held memberships in the Chattanooga Trial Lawyers Association and Chattanooga Bar Association and numerous commercial law associations. Although most of his practice was in the commercial law field, he was known to take gender discrimination cases that others found too challenging and represent individuals reorganizing their financial lives in a chapter 13 case. Our common mentor, Kyle Weems, reminisced with me recently about the incredible job Richard did representing a deaf couple in his first years of practice.

Richard was an accomplished contract bridge player and enjoyed the fellowship and strategic challenge of the game.

In his final years of life, Richard lived in North Chattanooga and enjoyed sharing his political and philosophical views with friends. He will be greatly missed by all who knew him.

THEREFORE, BE IT RESOLVED, in a special memorial session on this 3rd day of March, 2017, that Richard Korsakov’s good deeds and kindness be memorialized through this Resolution, and be adopted by this Association as words of respect, praise and memory.

CHATTANOOGA BAR ASSOCIATION

William G. Colvin, President

Memorial to

The Honorable Theodore “Ted” Milburn

As prepared and presented by T. Harold Pinkley

Judge Ted Milburn was born in Cleveland, Tennessee, the youngest of six siblings, on May 26, 1931, to James Earl Milburn, Sr., a Methodist minister, and to Hazel Dell Shanks Milburn. He lived in several communities in East Tennessee, including Harriman, Johnson City, Bristol, Knoxville, and Chattanooga, as the family followed the various assignments the church made to his father. While in Chattanooga, he graduated from Chattanooga High School in 1949, then attended the University of Chattanooga for a year before winning a scholarship in voice to Boston University. He spent only one year in Boston because his family had moved again, this time to Kingsport, and wanted him to be closer to them. So young Ted finished up his undergraduate education at East Tennessee State University and was awarded his B.S. degree in 1953.

While in college, Judge Milburn indulged his passion for singing, especially choral music, by directing church choirs. While at the University of Chattanooga, he was the choir director at Eastdale Methodist Church, making $35 a month. During his time at ETSU, he was the choir and youth director in Erwin, Tennessee, earning the princely sum of $100 a month while paying $32 a quarter for tuition and $32 a quarter for his room.

After college, he joined the army, spending three years in the Army Security Agency. When he mustered out of the army, was able to realize his long-held dream of going to law school. He attended the University of Tennessee College of Law, graduating in 1959. While in Knoxville, he continued his work with church choirs, directing the choir at Trinity Methodist Church. More importantly, he met a young woman, Alice Elaine Dillow, promptly fell for her, and married her in August of 1957.

After law school, Ted and Elaine moved to Chattanooga in 1959 to begin their lives together. Ted joined a law firm then called Folts, Bishop & Thomas. Shortly afterward, it became Folts, Bishop, Thomas, Leitner & Mann. He was made a partner in the firm in 1965 and the firm changed its name to Bishop, Thomas, Leitner, Mann & Milburn. That firm exists today as Leitner, Williams, Dooley, and Napolitan. Aubrey Folts died not long after Ted joined the firm, and Bruce Bishop died unexpectedly in 1968 at the age of 49. This resulted in a very large workload falling on the remaining partners. The judge often reminisced that there were many times that he tried jury cases back-to-back, with not even a day off in between. The work was grueling, but he loved the courtroom, and his experience served him well when he took the bench. He often told me that his only regret about that time of his life was that his work prevented him from spending as much time as he would have liked with his wife and his two children, Blair and Lisa.

Lawyer Ted became Judge Milburn when he was appointed to the Hamilton County Circuit Court in 1973. He was as diligent and hard-working as a judge as he had been in private practice. While he was on the state court bench and later, when I knew him, on the federal bench, the judge handled cases fairly and expeditiously. He frequently said that he hated to take cases or motions under advisement, and, in fact, very rarely did so. His habit was to rule from the bench immediately after the parties rested. He also was jealous of his authority as a judge and did not hesitate to exercise it. He especially disliked conduct that he saw as disrespectful, not only of him but of the court and of the law. I remember his telling me about a case over which he presided in circuit court that had to be continued a couple of times because the plaintiff’s doctor refused to agree to testify at trial and couldn’t be compelled to do so because of the trial subpoena exemption for doctors. Judge Milburn’s solution was to instruct the plaintiff’s lawyer to subpoena the doctor for a deposition, which would be scheduled for the first day of trial and would be conducted in his courtroom—with the jury in the box and the judge on the bench.

I first met Judge Milburn in late 1982, shortly after Judge Frank Wilson, for whom I was clerking, died in September of that year. It had become clear that Judge Milburn was a candidate, if not the leading candidate, to replace Judge Wilson. Both Doug Johnson, Judge Wilson’s senior clerk at the time, and I hoped to stay on at the court after the new judge was appointed. Sure enough, Judge Milburn did receive President Reagan’s nomination, with the considerable help of Senator Howard Baker, and was sworn in as a United States District Judge on June 24, 1983.

When he assumed his new role, there was a large backlog of cases in the court. The court had been without a permanent judge for nine months and lawyers were reluctant to have their cases tried by the various visiting judges who were assigned for short periods—usually two weeks or so—to handle the docket. In working through this backlog, the judge’s work ethic paid dividends. He spent most of the first six months in the courtroom, on the bench, trying cases. When the backlog was substantially diminished, he had more time to work on motions and other court matters. He was driven to stay busy. There was one period when all the cases set for trial for a week or so had settled and all of the motions work was up to date. He got antsy and directed me to pick out a dozen or so cases that had pending but not ripe motions for summary judgment and see if I could get the lawyers to agree to come down to the courthouse and argue their motions to the judge. Many agreed to do so. The judge held these arguments informally around the conference table in his chambers, letting the lawyers have their say, and then he ruled.

After he had been on the district court bench for only about a year, Judge Milburn received another call from President Reagan, asking him if he would be interested in the new seat on the 6^th Circuit that Congress had approved. Of course, he was, and the president appointed him to that court later in 1984. Judge Milburn loved his work on the court of appeals but often told me that he really missed the camaraderie of the bar and the close interaction with lawyers he had while practicing and while on the trial bench.

During my time working for Judge Milburn, and when I later visited with him, he spoke often about how profoundly important he thought was the work of a judge. He frequently quoted the passage in the Old Testament’s Book of Micah, almost as a motto: “What doth the Lord require of thee, but to do justice, and to love mercy, and to walk humbly with thy God?” In an interview with Don Ferguson conducted in 2002 for the Eastern District of Tennessee Court Historical Society, Judge Milburn had this to say about his calling: “To be a United States District Judge or to be any kind of judge, but especially to be a federal judge, I think is a wonderful, fantastic experience. And I think one is most fortunate to have that opportunity. It’s a sacred trust to be a judge. And if one just looks to see that justice is done to the best of their ability, and that’s not hard to do. It is not hard to sit up there and be impartial. It’s a great calling. It’s a wonderful way to serve and to try to make a difference.”

THEREFORE, BE IT RESOLVED, in a special memorial session on this 3rd day of March, 2017, that The Honorable Theodore “Ted” Milburn’s good

deeds and kindness be memorialized through this Resolution, and be adopted by this Association as words of respect, praise and memory.

CHATTANOOGA BAR ASSOCIATION

William G. Colvin, President

Memorial to

The Honorable Bernard J. O’Brien

As prepared and presented by Richard W. Gordon

I want to thank the assembled judges and the Chattanooga Bar Association for this opportunity to eulogize my late colleague and friend, Judge Bernard J. O’Brien. Elizabeth, his wife of 53 years, is here today, along with several family members and friends.

Judge O’Brien was known to his colleagues, friends and family as Bernie. He was the oldest of seven children born to an Irish Catholic family in the Boston suburb of Lawrence, Massachusetts. He graduated from Central Catholic High School, the United States Military Academy at West Point, Suffolk University Law School and Harvard University.

During his lifetime, Judge O’Brien was fortunate to have three careers: soldier, lawyer and judge.

His career as a soldier began at West Point. Although he was a good student, he did not like to follow rules. He could frequently be seen at the parade ground, walking the area in full uniform with his rifle on his shoulder ---- the student punishment for infractions of the rules at West Point.

During his last semester, Bernie realized that he did not have enough time left in the school year to complete his assigned punishment. He might not graduate with his class and he didn’t know what to do. A classmate told him that a visiting dignitary could grant him amnesty, so Bernie informed the Captain of Cadets of his dilemma. Miraculously, two visiting dignitaries, a famous actress by the name of Joan Blondell and an unnamed head of state, were to attend the upcoming graduation banquet. The Captain of Cadets submitted Bernie’s name for consideration of amnesty, confident the actress would grant his request. Bernie, somewhat relieved, eagerly attended the graduation banquet. It was held in the massive West Point dining hall which could seat the entire 4,300 cadet student body.

Bernie’s optimism was soon short lived. To his horror, the superintendent of cadets announced that Joan Blondell was ill and would not be present at the banquet. Bernie’s future now rested in the hands of the visiting head of state whose identity was still unknown. Bernie frantically looked at the distant head table and thought he saw a man in full military uniform with many medals. A head of state, a military man, and probably a dictator. Bernie was doomed; he would never receive amnesty from such a person. How would he tell his parents he wasn’t going to graduate?

After the meal, the visiting head of state stood to address the cadets and asked that Cadet O’Brien stand. Bernie nervously stood and at that moment Emperor Haile Selassie of Ethiopia granted him amnesty. This was a seminal moment in Bernie’s life and from that day forward he always followed the rules. 2LT O’Brien graduated from West Point, Class of ’56.

In the Army, Bernie was an Infantry officer and Army Ranger. He served with his classmate, General Norman Schwarzkopf, and with his tactical officer, General and former U.S. Secretary of State Alexander Haig. Following eight years of active duty, Bernie served for twenty-five years in the Massachusetts National Guard and the U.S. Army Reserve before his military retirement. He also held honorary military positions as Colonel, aide de camp, to the Governors of Massachusetts and Tennessee and as a Brigadier General in the Ancient and Honorable Artillery Company of Massachusetts, the oldest military organization in the country.

Bernie followed his military career with private and corporate practice until he joined the Social Security Bureau of Hearings and Appeals in 1975. Bernie advanced rapidly from his position as attorney advisor to senior attorney and ultimately to appointment as a U.S. Administrative Law Judge in 1988. His judicial service included tours in Pittsburgh, Pennsylvania, Hartford, Connecticut, and Boston, Massachusetts before finally arriving in Chattanooga. He retired from the bench in 2007. However, he later returned to active judicial service and served two additional years as a senior judge.

Judge O’Brien’s judicial career mirrored John Adams belief that judges should be of “exemplary morals, invincible patience, unruffled calmness and… subservient to none.” As a judge, he was firm but always fair. He led by example. He taught us so many things about life and our legal profession. He readily offered his wisdom and his vast experience. He taught us to respect the rule of law. Those who appeared before him noted his gentlemanly manor, his keen wit and his unflinching optimism.

However, Judge O’Brien wasn’t always serious. As young lawyers in Boston, he and I worked hard all day, attended our Army Reserve meetings on Thursday nights, and then made our way to the downtown Harvard Club on the 22^nd floor of the Shawmut Bank Building. There, while overlooking the impressive view of the Boston skyline, Judge O’Brien and I solved many of the world’s problems over a gin and tonic and a Montecruz cigar. We were quite full of ourselves.

Another time, while serving as a West Point liaison officer, Judge O’Brien was to present a certificate of appointment to West Point to a graduating senior at Bradley Central High School in Cleveland. Bernie was on the stage of the graduation ceremony sitting next to the principal. The mayor, the entire school committee and the superintendent of schools were also present at this festive occasion. As the graduates were marching in to the tune of “Pomp and Circumstance” Bernie turned to the principal and asked who the commencement speaker was. The principal replied, “Why you are.” Bernie, stunned, looked down at the graduation program and sure enough he was listed as the commencement speaker. Taking it in stride and being a good soldier, Bernie delivered the commencement speech and received a standing ovation. He was that kind of guy.

Judge O’Brien delighted in bringing people together in friendship, in fellowship and faith, in family, and in our profession. Although we miss him, he will, for as long as we live, be a bright presence in our lives, an exceptional, decent, quiet giant.

THEREFORE, BE IT RESOLVED, in a special memorial session on this 3rd day of March, 2017, that The Honorable Bernard J. O’Brien’s good deeds and kindness be memorialized through this Resolution, and be adopted by this Association as words of respect, praise and memory.

CHATTANOOGA BAR ASSOCIATION

William G. Colvin, President

Memorial to

Selma Cash Paty

As prepared and presented by Pamela Rymer O’Dwyer

On Wednesday, March 2, 1927, in New York City, Selma Rosalie Greenburg was the third daughter born to Alexander & Marion Greenberg. In 1932, her family moved to Chattanooga, Tennessee, where her Father opened his clothing manufacturing plant, Greenberg Clothing. He worked very hard and expected his children to do the same. If the sisters were not in school, they were at the plant working. Selma always credited her amazing work ethic to the example her Father set for her.

Known to her friends as Sunny, a nick name that expresses perfectly what her New York relatives noticed when she would come back after living in the South. They called her Southern Sunshine and she shone! The name stuck. “Sunny” was well loved throughout her life for that wonderful disposition. She graduated from City High School in 1943, and attended the University of Wisconsin in Madison where she majored in journalism. After World War II ended, she attended Cumberland Law School, earning her Bachelor of Law degree in 1947. She then began practicing law in Chattanooga with her husband, Mickey Cash and his brother, Ben Cash.

While she was in law school, she had her first child, Pamela, who later followed in her Mother’s footsteps and joined the firm in 1969, with Phil Lawrence, continuing the family firm tradition. The family business expanded again when her niece, Allison Ulin joined the firm in 1975. Then, with so much pride to all, her son, Charles D. Paty, joined the family business in 1979. The firm gained the addition in 1997 of Randall Larramore, who, with his wife, Terri, instantly became like family to us all.

Mrs. Paty was most thankful to Ms. Bertha Mae Congo, who began working for her in 1955, when her daughter Kem was only eight weeks old. She always said, “If it hadn’t been for Bertha, I don’t know what I would have done!” Bertha took wonderful care of “the children” like they were her own, and in a very real sense, they were. They became like sisters over the years, with Mrs. Paty taking care of the business and Bertha taking care of the home front. Bertha is loved not only by our family, but many of our friends as well. Her cooking was so wonderful that when anyone came to visit, they often would request their favorite meal, and Bertha would always prepare it. Bertha is still our “Momma”, and we all love her very much. Bertha’s daughter, Cheryl McKeldin is considered a sister to us, and her son, Albert Congo, is our brother. Also, Cheryl McKeldin’s two sons, Norman and Mario, are family as well. Bertha retired after 45 years, but she still stays in touch with our family.

Those who know Mrs. Paty know that to be “inclusive” was her cardinal trait. She led flocks of young lawyers through the years and was known as one who always gave a helping hand when she could guide a younger or less experienced lawyer. She formed strong bonds within the members of the legal community that continued always.

Mrs. Paty also gained the respect of her clients through her integrity and diligence in their defense. In her earlier years, she was known to be a “man hater” in court because she represented so many women, and she would “take their husbands to the cleaners.” But over the last thirty years, the men in town would hurry to hire her before their wives could, and she did every bit as good a job for them. She had one rule for her clients: “Tell me the truth about everything, and we’ll get through this together, but if you lie to me and I get blindsided, I will not represent you.” The bonds that she made with her clients would often last for decades, and she loved receiving updates from all about their children and their lives.

Her career accomplishments include being the first woman President of the Chattanooga Bar Association as well as the first woman President of the Chattanooga Trial Lawyers Association. She served on the Commission on the Status of Women, always supporting not just the rights of women, but all minorities, in the hope of true equality for all.

She was also very active in The Chattanooga Jewish Community Center, now known as the Jewish Federation of Greater Chattanooga. She enjoyed playing bridge, which is how she met and eventually married Ralph D. Paty, Sr. in 1960. They were both life masters of the American Bridge Association.

Sunny was a voracious reader, usually reading three to five novels a week, in addition to the reading she did to keep current with the law. She enjoyed boating, swimming and traveling extensively earlier in her life.

In 1976, she bought Patten Parkway, having the vision then that the downtown of Chattanooga had to remain vibrant. She began renovating the Parkway spaces, with the first one being her firm’s office space. Her next project on the Parkway was to renovate the space that was for many years her home, fondly known as the “penthouse apartment” above her office. She hosted many parties there where everyone enjoyed the outdoor deck that overlooked the block.

Of all she accomplished during her life, she found the most joy from her family. She loved all of the “titles” as jokingly would say, of being Mother, Grandmother, Aunt Sunny, Great Grandmother, and finally Great Aunt Sunny. She loved hosting family parties for birthdays, holidays and often, for no special occasion at all but to be surrounded by the people she showered with love every day.

She died very peacefully in her sleep on Sunday, May 1, 2016, just the way she always said she wanted to go.

She was preceded in death by her parents, Alexander & Marion Greenberg; sister, Helen Lang and her husband, Sydney Lang and their daughter, Eileen. Her sister Bernice “Bunny” Ulin died in 1996 and then Bunny’s husband, Dr. Louis Ulin, died June 20, 2009, who was also one of her dearest friends. Also preceding her were her brothers-in-law and sisters-in-law, Arthur and Margret Paty, John G. Paty, Sr. and, most recently, his wife, Harriett Sims “Shorty” Paty.

She was also preceded in death by her beloved grandson, Charles Oates Rymer on August 2, 2004 and her great grandson, McCade Paty in 2010.

She is survived by her children: daughter Pamela Rymer O’Dwyer (John Chandler), son Charles D. Paty (Kerri), daughter Kem Alexander (James “Butch” Fisher), son Ralph D. Paty, Jr. (Amy Sullivan), and daughter, Gaye Paty-Wade (Robbie). Her grandchildren; David H. Lawrence, Alex Lawrence (Meghan), Padraig O’Dwyer, Chasan Paty, Caroline Paty, Zachary Paty, Rachel Paty, Zoe Alexander Clarke, Ty Oliver Clarke, Chance Patteson Clarke, Lauren Paty Gagliardi (Tim), Lacey Paty, Blade Paty, Rocco Paty, Geoffrey Wade, Jacob E. Wade, and John-Caleb “Josey” Wade. Sara Kate Lynch and Anastasia Lang (Jim) were considered grandchildren, although technically they were great nieces. She is survived by nine great grandchildren.

Former spouses of her children who she always loved: Phil C. Lawrence, Lisa Skiles Paty, Sherry Bailey Paty, & special love to Tracy P. Clarke, who’s Dear Mother, Lorraine Fournier Clarke, born on December 22, 1918 died on May 6, 2016.

Also surviving her are her niece, Darryl Lang (Jerry Droll), nephew Scott Ulin and niece, Allison Ulin Lynch (Carter), niece, Peggy Paty (Ted), niece, Adair, Bunny & Al Baker, and nephew, “Jay” Paty (Charlotte) and niece, Sherry Paty Volkert (Leon).

The family would like to thank Dr. Steve Thomas for his friendship and the medical care of her precious eyes. Thanks to Dr. Michael Douglas and his nurse, Kelly, for the years of care they provided her with after her nephew, John G. Paty, Jr. retired from his medical practice. Also, thanks to Dr. John A. Golding and his nurse, Sheila, for her cardiac care.

Special thanks to Dr. Mutka Panda and her parents, Shyam and Shashi Parashar, for their love and support.

As was her wish, the family will be hosting a Celebration of her Life on Saturday, May 14, 2016 on Patten Parkway from noon-3 p.m. Please dress casually in bright, vibrant colors for this event. Several friends will be speaking, telling stories about our beloved Sunny!

In lieu of flowers, her family requests that donations may be made to any charity. Her favorites were Siskin Hospital, St Jude’s, The Jewish Federation of Greater Chattanooga, and McKamey Animal Center.

THEREFORE, BE IT RESOLVED, in a special memorial session on this 3rd day of March, 2017, that Selma Cash Paty’s good deeds and kindness be memorialized through this Resolution, and be adopted by this Association as words of respect, praise and memory.

CHATTANOOGA BAR ASSOCIATION

William G. Colvin, President

Memorial to

The Honorable Robert Thomas “Tom” Stinnett

As prepared and presented by Gary S. Napolitan

Tom was born in Nashville, Tennessee February 29, 1944, and died with great dignity and class on August 23, 2016. He was fond of saying he was only 18 years of age in 2016 as his actual birthday occurred only once every four years on Leap Year.

Tom was the son of Bill and Irene Stinnett and was one of four children. His sister, Barbara Stinnett Latta, passed away before Tom and he is survived by his brother, Bill Stinnett, and sister, Jean Neal.

Tom grew up in humble beginnings and never forgot his roots. He always cared deeply for those without the means or standing to help themselves. He may have been one of the last true Democrats.

Tom graduated from East High School in Nashville where he was an “average” student he would say. He played football at East High School where he was a lineman and a kicker.

As all who knew him will attest, Tom could get “excited” on occasion. One of those occasions occurred when Tom was lining up to kickoff for East High School in a huge game played before a massive crowd in Nashville. As the team was lined up and in position, Tom, who was pumped up, waved his hand, approached the ball and kicked off as hard as possible. He took off running down the field chasing the kick which was high and deep. Suddenly, he noticed he was not getting any contact from the opponent and it was then he realized that the National Anthem was being played. Tom was always “ready and on time.”

Tom graduated from the University of Tennessee and while a student met the love of his life, Libby Parrott, who became his wife. Tom and Libby were married for 49 years and had a great life together. While in college, Tom was a member of Phi Gamma Delta fraternity, where I first met him, and was an officer in the ROTC program. Following graduation, he served in the United States Army where he was stationed in Naples, Italy. This was in the midst of the Vietnam conflict which once again illustrated Tom’s “good luck.”

After completing his military service, Tom was accepted in the University of Tennessee School of Law where he exceled as a student. Following graduation, he clerked for Judge James Parrott of the Tennessee Court of Appeals and following completion of his clerkship, was a partner with the Stone and Hinds firm in Knoxville for 20 years. He was an excellent attorney and earned a great reputation in his profession.

In 1994, Tom became Judge Stinnett as he was appointed as the U.S. Bankruptcy Judge for the 6^th District and served in Chattanooga as a respected and revered Judge for 16 years.

All those who practiced before him, without exception, respected and loved him for his ability, humor, temperament and common sense which served him well his entire life.

Judge Stinnett was also active in the community serving as President of the Chattanooga Civitan Club and was always involved with the Federal judiciary in both civic and professional endeavors. He was a member of St. John’s Lutheran Church for over 30 years.

Judge Stinnett and Libby had two wonderful sons, Robert Thomas (Rob) Stinnett and James Stuart (Jay) Stinnett, both of whom share Tom and Libby’s best traits. Tom was very proud of his sons and loved them fiercely.

Everyone who knew him understood that he was one of those people you loved being with as it was “fun.” He would light up a room with his stories, most of which were true, his humor, laughter and warmth. He was gregarious and delightful. His love of cooking and good food had no equal. No one who knew Tom will ever forget him and will always miss him.

After retirement, Tom and Libby spent many winters in Mexico and made lifelong friends there as well. It was a just reward for a life of service and accomplishment.

We are all better for having known Judge Tom Stinnett.

THEREFORE, BE IT RESOLVED, in a special memorial session on this 3rd day of March, 2017, that The Honorable Robert Thomas Stinnett’s good deeds and kindness be memorialized through this Resolution, and be adopted by this Association as words of respect, praise and memory.

CHATTANOOGA BAR ASSOCIATION

William G. Colvin, President

Memorial to

Howard G. Swafford, Sr. and

Claude Galbreath Swafford

As prepared and presented by the children:

H. Graham Swafford, Jr., Esquire and Claudia Swafford Haltom, Esquire

We are honored that our friends in the Chattanooga Bar Association asked us to memorialize our parents.

Howard G. Swafford, Sr., 96, of Jasper, Tennessee, passed away on February 4, 2016. Howard was the son of the late John A. Swafford and Ida Graham Swafford of Marion County, Tennessee.

At the age of 16 with all of his worldly possessions in a brown paper bag and $75 in his pocket, Howard hitch-hiked to Knoxville to enroll at the University of Tennessee.

After paying tuition, Howard had only $50 to support himself for the rest of the year. At this point, Howard appeared, unannounced, in the office of the legendary football coach, General Robert Neyland, and asked if he could try out for the University of Tennessee football team. Coach Neyland asked him where he had played high school football. Howard explained that he had never played organized football. Coach Neyland impatiently asked “What in the world are you doing here? This is the University of Tennessee!” Howard honestly responded, “I have $50 left for the rest of the year. I have been told that if I play football I get three square meals per day at the training table.”

Apparently General Neyland was impressed and sent him to the wrestling coach with a recommendation, and Howard was immediately accepted and miraculously became captain of the wrestling team.

In 1942, at the outbreak of World War II, Howard was reported in the Knoxville News Sentinel to be the youngest student taken from the campus of the University of Tennessee for military service.

Howard became a combat naval aviator. Howard saw combat throughout the entire Pacific Campaign except for Pearl Harbor. Howard was in Tokyo Bay and personally observed the signing of the Peace Treaty between the United States and Japan. Had the war not been brought to an end by President Harry S. Truman’s decision to use the atomic bomb, Howard was scheduled to be in the first wave in the Japanese mainland invasion where it was anticipated the death toll would exceed 500,000 American soldiers.

Howard’s children have always believed that if what the United States military needed was a very dependable aviator who, at times, could be utterly reckless then Lieutenant JG Swafford was just what the war department needed. One of Howard’s fondest memories of the war as a Christmas card he received from the University of Tennessee with the quote “and to the Hill you will return”. After the war, Howard was ready to get back to the University of Tennessee and become a lawyer, it being his desire to be engaged in the private practice of law.

After the war, Howard returned to the University of Tennessee law school and graduated in 1947. After law school, Howard returned to Marion County, Tennessee, where he began practicing law with Judge John T. Raulston (the Judge at the Scopes Monkey Trial) and Sam Polk Raulston. Howard unapologetically enjoyed being a lawyer and engaged in the private practice of law. Howard’s last case before a jury tried successfully when he was 92 years of age.

Among other things, Howard was elected to the Tennessee Legislature in 1972, served as City Attorney, City Commissioner, Boy Scout leader, and was a member of the Tennessee Bar Association for over 70 years. Howard was commander of the National Guard when activated for the Korean conflict. Howard practiced law at all levels from the City Courts to the United States Supreme Court. Howard and Claude traveled the world, all financed by the private practice of law.

Claude Galbreath Swafford, 90, passed away on March 25, 2016. Claude was born in Greeneville, Tennessee, on December 07, 1925, to the late James Whitfield Galbreath and Pearl Smith Galbreath.

At the age of 20, Claude Galbreath caught a ride to Knoxville and enrolled, over her mother’s objections, in law school at the University of Tennessee. Claude was one of only two women in her law school class, a distinguished group, which included future U.S. Senator Howard Baker and United States District Judge Tommy Hull. Claude loved going to law school. Claude was unapologetically not interested in the University’s football program or any other football program for that matter; however, she never passed a law school she did not like and would have enjoyed attending. Claude was proud to be a lawyer. Claude offered opinions often and openly, never censored and totally unedited. Freedom of such expression was allowed by a tolerant husband and was financed by the private practice of law. Claude was the “high sheriff” for her family, and they needed it. As for Claude’s friends, she always had their back, and her friends appreciated this loyalty.

She often reminded her children and grandchildren that the University of Tennessee was the greatest land grant university the world has ever known. Two years after becoming a lawyer, with her husband away and activated in the Korean Conflict and pregnant with their first child, she successfully argued her first case before the Tennessee Supreme Court.

Although Claude loved being a lawyer, her real passion was improving public education. Claude had a fundamental, core belief that every child, regardless of circumstance, had a right to have an education as good as the education she provided her own children. Claude was a member of the Marion County Board of Education for over 20 years, she served as chair for 10 of those years and was President of the Tennessee School Board Association for 4 years. Claude was an alternate delegate to two Republican National Conventions and honored as the 1999 Tennessee Statesman of the Year. Claude was appointed by President Ronald Reagan to serve on the Board of the National Legal Services Corporation. Claude was then appointed by Secretary of Defense to serve on the Defense Advisory Committee on Women in the Services (DACOWITS). She traveled as a three-star general in this capacity.

Howard and Claude Swafford are survived by two children who are both lawyers. Although Howard and Claude’s children got accepted and graduated from pretty good schools, a scholarship was never suggested and/or offered – it was all financed by the private practice of law.

THEREFORE, BE IT RESOLVED, in a special memorial session on this 3rd day of March, 2017, that Howard G. Swafford’s and Claude Galbreath Swafford’s good deeds and kindnesses be memorialized through this Resolution, and be adopted by this Association as words of respect, praise and memory.

CHATTANOOGA BAR ASSOCIATION

William G. Colvin, President

Memorial to

Phil B. Whitaker

As prepared and presented by Phillip B. Whitaker, Jr.

It is my privilege to memorialize my father and former law partner, Phil B. Whitaker, who practiced law in Hamilton County for some 40 years prior to his death last year at the age of 83.

My father was a lifelong resident of Hamilton County. He came from a family of lawyers. His father, Phil B. Whitaker, was a trial lawyer practicing in Chattanooga with a firm that became Hall, Haynes, Lusk & Foster. His father’s father, Madison Newton Whitaker, served for 16 years as the District Attorney for a circuit comprising Franklin, Marion, Sequatchie and Hamilton Counties and was appointed by the governor to serve for 18 months as a judge for what was then the Hamilton County Circuit and Criminal Court. His father’s brother Sam Whitaker was a Tennessee lawyer, an Assistant U.S. Attorney, and a judge for the United States Court of Claims in Washington, D.C.

My father was born in Chattanooga in 1933. He attended The Baylor School and graduated from there in 1951. My father’s father was an alumnus of the University of the South at Sewanee and told my father when he was then a student at Baylor trying to decide on where to attend college that my father could attend any college or university he desired, but the only college my father’s father would pay for was Sewanee. My father matriculated from Baylor to Sewanee and graduated from there Phi Beta Kappa in 1955. He was a loyal and dedicated Sewanee man the rest of his life.

My father believed that every citizen of our country has a duty to do three things: (i) lay a foundation by taking care of his family; (ii) serve our Republic in some form or fashion; and (iii) serve others.

My father took care of his family through the practice of law. He attended law school at the University of Virginia, where he met my mother, Ellen S. Whitaker of Atlanta, who was then a student down the road from Charlottesville, Virginia at Hollins College. She and my father moved to Chattanooga when my father graduated from law school in 1960. He went to work immediately as an associate with what was then Witt, Gaither, Abernathy & Wilson. The senior partners in the firm were Raymond B. Witt and John P. Gaither, who were some 20 years older than my father when he went to work for them at their firm. He eventually became a partner at the firm and practiced with Mr. Witt and Mr. Gaither under the firm name “Witt, Gaither & Whitaker.” The three of them practiced together at that firm for the rest of their working lives.

My father’s law practice ran the gamut during the course of his career. He started his career handling all types of civil and criminal litigation and business transactions. His practice evolved over time to focus primarily on labor law, estate planning, and tax. He was elected a Fellow of the Tennessee Bar Foundation in 1995. Although he represented a variety of individuals and businesses throughout his legal career, he found pro bono work to be the most fulfilling of his legal activities.

After providing for his family, my father believed that every citizen of our Republic has a duty to provide some type of service to his country. My father was a firmly patriotic American throughout his life. He served our country as a fighter pilot in the Air Force, mostly in Tripoli, Libya. He taught those of us in his family the importance of patriotism. He loved patriotic music and military parades. Armed Forces’ Day was not a day off for us but a trip to his office to watch the parade down Market Street.

My father also believed that we citizens of the United States have a duty to serve other citizens. He was dedicated to serving our community, particularly programs that supported education and the arts. His many civic contributions included serving on the boards of numerous charitable organizations, large and small. He served as chairman of the boards of the Hunter Museum of American Art, the Chattanooga Symphony, the Baylor School, and the Chattanooga Bible Institute. His service to both the Baylor and Chattanooga Bible Institute boards lasted 30 years.

He served as mayor of the Town of Lookout Mountain, Tennessee and as senior warden of the vestry of the Church of the Good Shepherd on Lookout Mountain. He also served on the boards of Allied Arts, the Memorial Hospital Foundation, the Tennessee River Gorge Trust, and the Tennessee Arts Commission.

He was a strong supporter of these and numerous other organizations, both personally with his leadership and other talents and as a highly effective and productive fundraiser. He was honored as National Philanthropy Day Leadership Fundraiser of the Year in 2001 by the Association of Fundraising Professionals Tennessee, Southeastern Chapter.

He loved the practice of law, but I believe his greatest enjoyment and personal fulfillment came from his civic activities and fundraising.

My father is survived by his wife, Ellen Whitaker, by my two siblings and me, by nine grandchildren, and by his two dogs. We in his family will forever remember him as a warm and loving husband and father and as someone who was always personable, outgoing and kind to every person he met.

THEREFORE, BE IT RESOLVED, in a special memorial session on this 3rd day of March, 2017, that Phil B. Whitaker's good deeds and kindness be memorialized through this Resolution, and be adopted by this Association as words of respect, praise and memory.

Memorial to

James Andrew Shannon Wilson

As prepared and presented by Nora A. McCarthy

Jim Wilson, 77, of Hixson passed away on Friday, November 4, 2016. He was born February 27, 1939, in Matewan, West Virginia. Jim was a very devoted father and was deeply involved in his children’s lives, from coaching sports to several other extracurricular activities. He received his BA in history from The Citadel and acquired his law degree at Vanderbilt. After acquiring his law degree he went on to practice law for 47 years. Jim proudly served our country in the Air Force and enjoyed photography. He is preceded in death by his parents, Franklin and Mary Wilson. He is survived by his loving wife of 52 years, Janie Wilson; children, Lisa (Larry) Cole, Shannon Wilson and Andrea Wilson; grandchildren, Andrew, Lillie, and Tigi Cole; brother, Frank (Karen) Wilson and several nieces.

CHATTANOOGA BAR ASSOCIATION

William G. Colvin, President

Chattanooga Bar Association | The Pioneer Building | Suite 420 | 801 Broad Street | Chattanooga, TN 37402

CBA Telephone: 423-756-3222 | FAX: 423-265-6602