January/February 2006 issue
In Memoriam: Judge Theodore McMillian
On January 18, 2006, Judge
Theodore McMillian of the
U.S. Court of Appeals for the
Eighth Circuit passed away
due to complications from dialysis treatment.
Theodore McMillian was born on January 28,
1919, in St. Louis, Missouri. He grew up in an
impoverished area of St. Louis as the oldest of
ten children. His grandmother encouraged him
to work hard and get an education. He later
graduated first in his high school class.
He attended Stowe Teachers College and then
Lincoln University in Jefferson City, the only
accredited public four-year institution open to
African Americans in Missouri at that time. He
graduated Phi Beta Kappa in 1941 with degrees
in mathematics and physics. In 1942 he was
drafted to serve in the U.S. Army in Europe. He
achieved the rank of first lieutenant in the Army
Signal Corps, which specialized in
communications.
After his discharge in 1946, he began law school
at Saint Louis University. He graduated first in
his class in 1949, and was the first African
American to be inducted into Alpha Sigma Nu,
a Jesuit national honor society. Despite his
success in law school, racial discrimination
made it difficult for him to find a position with
any of the law firms in St. Louis. Determined to practice law, he and Alphonse Lynch, an African
American classmate, established the firm of
Lynch & McMillian.
In 1953, he was hired as the first African
American Assistant Circuit Attorney for the City
of St. Louis. He proved to be a diligent
prosecutor with a high conviction rate but
maintained a healthy respect for the civil rights of
defendants.
In 1956 he was appointed to the St. Louis City
Circuit Court, 22nd Judicial District, where he
focused on violent crime and worked towards
reform in the juvenile courts. He was the first
African American judge to serve on a circuit
court in Missouri.
In 1972, Judge McMillian was appointed to the
Missouri Court of Appeals for the Eastern
District. He was the first African American
appointed to that Court and served from 1972 to
1978. During this time he also served as a faculty
member at local colleges and universities.
In 1978, Judge McMillian was appointed to the
U.S. Court of Appeals for the Eighth Circuit. He
was the first African American appointed to the
federal bench in the Circuit. During his time on
the court he authored over 1200 opinions, some
of which paved the way for landmark Supreme
Court rulings. Despite his many achievements,
his modesty was evidenced by a sign he kept in
his office that read, “It is much more important to
be human that it is to be important.”
Judge McMillian was preceded in death by his
wife, Minnie, and their son, Theodore Jr. The
judge is survived by his two daughters, Cheryl
and Donna, his four sisters, Dolores, Mildred,
Eunice, and Marie, and brother, Edward. He will
be greatly missed.