September/October 2003 issue

Judge Theodore McMillian Portrait Ceremony

by Joan Stevens, Archives/Reference Librarian


On September 10, 2003, approximately 400 people gathered to honor U.S. Court of Appeals Judge Theodore McMillian for the presentation of his portrait. The ceremony was held as a special en banc session of the U.S. 8th Circuit Court of Appeals in the Thomas F. Eagleton U.S. Courthouse in St. Louis. The proceedings were held in the Court of Appeals en banc courtroom on the 28th floor and were viewed via closed circuit television in the 27th and 3rd floor courtrooms, the lst floor jury assembly room, and the 22nd floor multipurpose room.

In attendance were family, friends, current and former law clerks, and judges from all levels of the 8th Circuit federal courts and the Missouri state courts. Chief U.S. Circuit Judge James B. Loken presided over the portrait ceremony, and Gentry Sayad, a former law clerk, served as master of ceremonies.

Judge McMillian was the first African American to sit on the benches of the St. Louis City Circuit Court, 22nd Judicial District; the Missouri Court of Appeals, Eastern District; and the U.S. Court of Appeals for the Eighth Circuit. He was the first African American appointed to the federal bench in the seven states of the Eighth Circuit.

During his fifty years of judicial service, Judge McMillian has impressed his colleagues and the legal community with his intelligence, objectivity, diligence, compassion, and dignity, as was evidenced by the speakers' testimonies on his character and career.

Career law clerk Marilyn Tanaka described him as, "intelligent, wise, patient, and very kind," with an "unnerving" ability to "untangle legal issues and reach the right decision."

The legacy Harry B. Wilson carries of his clerkship with Judge McMillian on the Missouri Court of Appeals is "the Judge's insistence that everyone–whether judge, clerk, assistant, lawyer, or litigant–everyone, be treated fairly, kindly and with dignity. There was never a mean-spirited word uttered in his chambers." He talked of the Judge's continued work in those days with the Human Development Corporation and commented, "Helping others is, I think, the one thing the Judge loves best." He also described the Judge as an "icon of integrity on the bench" and an "intellectual force" on the Missouri Court of Appeals, leading the way in emerging law.

Chief U.S. District Judge Carol E. Jackson, Eastern District of Missouri, said, "Judge McMillian represents the standard that we all hope to achieve as judicial officers."

Former Chief U.S. Circuit Judge Donald P. Lay described Judge McMillian as possessing a "synergistic combination" of the several characteristics of judicial greatness as summarized by Justice Felix Frankfurter. Among these are "the power of penetrating analysis exerted by a trenchant mind," "a coherent judicial philosophy expressed with pungency and brilliance," and "the influence of a singularly enduring personality in the service of sweet reason." Judge Lay also shared, "Over the past 25 years, I've made an effort to attend numerous honorary tributes to Judge McMillian. I found that many of these were not so much the recognition...[but] the overwhelming demonstration of love and respect to this wonderful human being."

Delores Reynolds, Judge McMillian's sister, and Cheryl Green, his daughter, unveiled the portrait, which was painted by renowned St. Louis artist Gilbert Early. U.S. Circuit Judge Donald R. Ross, who administered the oath of office to Judge McMillian in 1978, accepted the portrait on behalf of the Court. In the painting, Judge McMillian is wearing a distinctive robe with four gold stripes on each arm. This robe was given to him by his law clerks in honor of his 80th birthday celebration in 1999.

Also during the portrait ceremony, Justice Richard B. Teitelman of the Missouri Supreme Court and attorney F. William McAlpin presented Judge McMillian with the American Judicature Society Distinguished Service Award.

A reception followed the portrait ceremony in the 1st floor East lobby. A table top exhibit and biographical booklet honoring the life and career of Judge McMillian were on display. To view the exhibit and biography, both created by the U.S. Courts Library, visit the following:

Court of Appeals section of the Historical Society of the United States Courts in the Eighth Circuit's web site: http://www.lb8.uscourts.gov/pubsandservices/publications/coa8.mcmillian.portrait.html




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