Judge was first class man of firsts
By Bill Beene
Of the St. Louis American
Judge Theodore McMillian, laid to rest Monday at Oak Grove Cemetery, was remembered for what he wanted to be remembered as he wished during a packed funeral mass at St. Alphonsus “Rock” Church.
In a conversation with his colleague, the Hon. John R. Gibson, a U.S. Circuit Judge for the Eighth Circuit Court of Appeals, the late Judge McMillian said, “I’d like to be remembered for the many times I was able to look over my shoulder and give a helping hand to someone behind me so they could live the American dream.”
Chief Judge Carol Jackson remembered McMillian as a man with a desire to help others.
Jackson said she first knew the judge as the first African American judge in St. Louis and later met him during a memorable appearance in appeals court as a young attorney.
She had written a script for her first appeal and was very nervous. When the opposing counsel didn’t show, Jackson presumed she would not have to argue the appeal, but Judge McMillian told her to proceed.
“Many years later, I asked why he told me to proceed and he said, ‘You were there and you needed the experience’,” she said.
“He could have told me to go back, but instead he took time to teach a novice lawyer – not because he had to, but because he wanted to.”
Jackson said it was just the first of many acts of kindness from the beloved judge who touched the lives of so many.
“It’s extremely hard to say goodbye to someone who meant so much to me. He’s the kind of judge I want to be and I’ll miss him dearly,” Jackson concluded tearfully.
Karen Tokarz, a professor at Washington University School of Law, said McMillian’s example gave her a path, a light and a hero to look up to.
“I learned law from him, but I also learned how to couple intellect with courage and character with civility,” she said. “He had integrity, courage, nobility and compassion and honesty. Now there’s a big hole in the city, state and world.”
The Rev. John Phelps, who officiated the funeral mass, called McMillian a first-class man of vision who dedicated his life to the pursuit of justice.
“He dealt with racism and he did not conform. He knew he would lose freedom for his self and others if he conformed,” Phelps said.
Phelps said McMillian also cared deeply about children adding that, “he was about to sentence a young man and before he did, he pulled a priest in his chambers and asked of the young man’s character before doing so.”
According to U.S. Circuit Court Judge, the Hon. John R. Gibson, McMillian considered three things when deciding cases: Do we have the evidence? Were the proper procedures taken? And was justice done?
Gibson said the latter was McMillian’s guiding principle.
“We don’t have time to go down his list of achievements, but he was always at the forefront,” Gibson said. “He was a uniform scholar and he meticulously researched. He was a great mind, a great heart and had great opinions. We were blessed to have his presence.”
Gibson said McMillian always came to court prepared for the task at hand.
“He treated lawyers with respect, but if they fudged, he jumped on them,” Gibson said.
A retired police officer representing the St. Louis Association of Retired Police Officers said McMillian’s legacy typified the struggle that many black police officers faced in the past.
“He was celebrated for the advice and guidance he gave for what we faced in the police department,” the retired officer said, before reciting in the Robert Frost poem “The Road Not Taken.”
“Thank God for a man like Theodore McMillian,” the Rev. Melvin Smotherson said.
