March/April 2003 issue
In Memoriam: Judge Donald J. Porter
On Monday, February 17, 2003, Judge Donald J. Porter for the District of South Dakota passed away. He was 81 years old.
Judge Porter was born in Madison, South Dakota. He received his bachelor's degree in 1942 from the University of South Dakota, where he served as student body president. He received his law degree from the University of South Dakota School of law in 1943.
After graduating from law school he entered the U.S. Army, where he served until 1946. From there he went on to work as a staff attorney for the Office of Temporary Controls in Sioux Falls, South Dakota, and St. Paul, Minnesota.
In 1947 he established a law practice in Chamberlain, South Dakota, and practiced there until 1959. During this time he also served as the state's attorney in Brule County, South Dakota, from 1948 to 1952, and again from 1957 to 1959. From 1955 to 1957, he also served as a South Dakota state representative.
In 1959 he became a partner in the firm of May, Porter, Adam, Gerdes & Thompson in Pierre, South Dakota. He practiced with the firm until his appointment to the South Dakota Supreme Court in 1977.
In 1979 he was appointed to the U.S. District Court of South Dakota in Pierre. He served as Chief Judge for the court from 1985 to 1991. He later recalled that one of his most memorable cases was a class-action suit filed by prison inmates to challenge the conditions of the state prison system. Judge Porter's ruling forced South Dakota to make significant changes to the state's prison in Sioux Falls. See Cody v. Hillard, 599 F. Supp. 1025 (D.S.D. 1984).
Judge Porter assumed senior status in 1992, but made it clear that he wasn't entirely ready to turn in his gavel. "I enjoy the work," he said. "The legal issues are tough and they are challenging."
In his spare time, Judge Porter enjoyed skiing and playing tennis. He is survived by his wife, Harriet, and their five children. He will be greatly missed.
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