MEMORIAL RESOLUTION 2022

2022 MEMORIAL RESOLUTIONS

Memorial to

Carl Anderson

As prepared and presented by Gerard M. Siciliano


Carl Anderson was born July 19, 1943 and was raised in and around Medford, Massachusetts.  He passed away September 1, 2021. He attended Tufts University and graduated in 1965 with a Bachelor of Arts.  While at Tufts, Carl was in the ROTC program for educational expenses.  Carl and Connie married July 1967, and Carl was soon sent abroad to Vietnam in September of that year.  While in the Air Force, he became an aerial photography specialist stationed in Saigon for several years.  Carl did not engage in combat, but was perilously close to danger, and was in Saigon during the Tet Offensive.  He was honorably discharged in 1970. 


When he returned home, he used his VA benefits to attend Vanderbilt University and graduated law school in 1972.  After Carl’s Air Force discharge, he learned he was adversely affected by Agent Orange, and was given a military disability for complications with heart attacks and diabetes. 


Carl and Connie were married 54 years.  They had 2 children, Carl Eric Anderson of South Lake, TX, and Matthew Newkirk Anderson of Signal Mountain, TN.  They have 6 grandchildren, and 1 great-grandchild.  Carl was an avid stamp collector throughout his life and was also a competent bridge player. 


When Carl first got out of law school, he went to work in Chattanooga with Carl Swafford, and later with the Luther, Anderson, Ruth and Cleary Law Firm, primarily engaged in property law.  After working at Luther, Anderson, Ruth and Cleary, he went to work with Bill Schwall for a number of years, and ultimately retired in 2005.  Carl was a diligent and competent lawyer for more than 32 years before his retirement.


THEREFORE, BE IT RESOLVED, in a special memorial session on this 18th day of March, 2022, that Carl Anderson’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

signed

Lee Ann Adams, President

Lynda M. Hood, Executive Director


Memorial to

John Richard Anderson

As prepared and presented by Honorable Kyle Hedrick


John Richard Anderson, a loving husband and father went to be with our Lord on Saturday November 20, 2021 at the age of 65. John was a prominent and respected attorney. One of the most knowledgeable Real Estate Attorneys in Chattanooga.  His guiding principle, both in law and in life, was to “do the right thing.” He improved the world around him and the lives of many in his community with his projects, which included housing developments and shopping centers. He was an active alumnus with The University of Tennessee at Chattanooga, serving as a Trustee for the University of Chattanooga Foundation, serving on the Board of Governors for the University of Tennessee National Alumni Foundation, and as President of the University of Tennessee at Chattanooga Alumni Council.  He developed student housing and helped bring the Challenger Center to campus. 

In addition to being intelligent and skilled, John was upbeat and optimistic. At his core, he identified himself as a problem solver and a finder of solutions. With these qualities he served his clients and community, as well as his family and church. For friends, family and clients, he was usually the first person sought when advice and counsel were needed. 

John was devoted to his family, his wife Lynn, his daughter Lacy, his brother Steve and his three grandchildren, Lee, Lake and Lark. He was a playful grandfather and was adored by his grandchildren, always saying ‘yes’ to the games and activities they requested. 

Lynn said she married John for his sense of humor and intelligence, but later appreciated him always being the perfect gentleman. He told his funny stories and jokes many times through the years, to the point where Lynn would say, "I've heard this before", but that did not stop him from the retelling. He could also make a song out of any phrase.


He loved God the Father and would insist on saying the prayer before meals. He was active with his church family at Mountain Creek Church of Christ. There he taught an adult Sunday school class for 26 years, and with his wife designed and directed multiple years of vacation bible school. 


His life and actions improved the world and community around him. Each day his loss is felt keenly by family and friends.  We are inspired by his memory and his ideals to improve ourselves and the world around us. 


THEREFORE, BE IT RESOLVED, in a special memorial session on this 18th day of March, 2022, that John Richard Anderson’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

signed 

Lee Ann Adams, President

Lynda M. Hood, Executive Director


Memorial to

Richard W. Buhrman

As prepared and presented by John Buhrman


Attorney Richard W. Buhrman, age 80, passed away on August 9, 2021, surrounded by his family after a brief illness.  He was born in Chattanooga and attended Chattanooga public schools and the University of Chattanooga, graduating in 1963 with an Honors Degree in English and a second major in mathematics.  As a Battalion Commander in Army ROTC, and a Distinguished Military Graduate, he received a Regular Army commission in Armor upon graduation.  His active duty was deferred while he attended Duke Law School on a scholarship, and then served three years active duty as a Captain during the Vietnam War.  After his tour with the Army, he attended George Washington University and received a graduate law degree, Masters of Law in Taxation, following which he returned to Chattanooga to begin a 50 plus year legal career.  Richard was actively practicing law at the Buhrman Law Firm with his son John, the firm he founded in 1970, up until his death. 


He was a member of the Duke University Estate Planning Council for 33 years and served as its Chairman for 14 years.  Upon his retirement as Chairman, the Council created a scholarship at Duke Law School in his honor.  He was a member of St. Jude Catholic Church where he served as Chairman of the Parish Council several times, and as a Lector and Eucharistic Minister.  He was Scoutmaster of Troop 172, BSA, sponsored by St. Jude Church, and went to Philmont several times.  He took the Troop on several different treks, 14 days each backpacking in the mountains, and took a course called “Walking Wood Badge,” which combined the traditional Wood Badge course with a Philmont trek.  He received several scouting awards including the Silver Beaver, the St. George Religious Award and the Vigil Order of the Arrow.  He was a past President of the Chattanooga Community Kitchen, a member and past President of the Serra Club of Chattanooga, as well as the Knights of Columbus Council 8576 and Assembly 1084.  He served on the Board of Directors of St. Mary’s Legacy Foundation of East Tennessee and Catholic Charities of East Tennessee.He received the Ralph H. Kelley Humanitarian Award from the Chattanooga Bar Association in 2010.


He was active in the University of Chattanooga and the University of Tennessee at Chattanooga, Alumni Association, and received the 2020 Outstanding Service Award for exemplary service to the community of Chattanooga from the University of Tennessee at Chattanooga. 


Richard was married for 57 years to his high school sweetheart, the former Judy Ullenberg, whom he met at City High where they were both students and they had three children, Tom Audrey and John, all of whom have never been in jail or asked for money. 


He enjoyed hunting and shooting and reloading his own ammunition.  His favorite activity, however, was fly fishing with Judy at several favorite fishing locations around the southeast.  He also enjoyed the fishpond which he constructed in the garden of their home, and the various birds which visit the birdfeeders, bird nests and bird houses in their backyard garden.   He also loved making breakfast. His specialty was homemade pancakes, and his granddaughter Cameron states they are so good that when you die and go to heaven, the first thing you get to eat are Grandpa B’s chocolate chip pancakes.

Richard, along with his wife, Judy, also enjoyed attending both the football and basketball games of the UTC Mocs and also the Tennessee Titans, always attending the Southern Conference basketball tournaments in Asheville, North Carolina. 


Richard was preceded in death by his parents, Ward and Margaret Buhrman, and his brother Lawrence.  He is survived by his wife, Judith A. Buhrman, their three children:  Tom, Audrey and John; as well as five grandchildren, Graham, Rosemary, Cameron, Sadie and Ryan. 

THEREFORE, BE IT RESOLVED, in a special memorial session on this 18th day of March, 2022, that Richard W. Burhman’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

Signed

Lee Ann Adams, President

Lynda M. Hood, Executive Director


Memorial to

Honorable O. Mike Carter

As prepared and presented by Honorable Clarence Shattuck


Owen Michael Carter was his full legal name, but few people would recognize him by that name.  From early on, it was “Mike.”  Even when he ran for public office his name on the ballot was simply “Mike Carter.”


Mike was born and raised in the Ooltewah area of Hamilton County – a rural area of several large dairy farms with unpaved dirt roads and few modern services.  Mike told of him and his friends riding and racing their bikes on the newly paved Ooltewah-Ringgold Road as a young boy.  His father, who worked for Armour & Co., died during Mike’s teenage years.  His mother drove a school bus for many years and was the first female school bus driver in Hamilton County.


He attended Hamilton County public schools and was a graduate of Ooltewah High School in 1971.  Mike was an outstanding student and president of his class, as well as being student body president.  Mike played on the football team even though he had asthma and was always thankful that his coaches, being sensitive to his condition, allowed him to participate.


Mike enrolled at Middle Tennessee State University, and it was there that he and Joan Hullander began dating.  Joan and Mike were high school classmates but did not date each other.  They married on December 21, 1974, which was shortly after Joan received her degree in education at MTSU.  Mike received his B.S. degree in May 1975.


Mike was accepted at Memphis State University School of Law and the newly married couple moved to Memphis.  Joan taught school in Shelby County while Mike attended law school.  In his senior year, he secured a clerkship in a Memphis law firm and upon graduation in 1978 worked for that firm until 1980.  While living in Memphis, Stephen, their first child, was born.


Despite having an excellent relationship with the attorney in the Memphis firm and gaining valuable experience, participating in trials both in Tennessee and Mississippi, the young couple, now with an infant son, decided it was best to return home (Ooltewah) where their families and long-time friends lived.


Upon their return to Hamilton County in 1980, Mike associated with Walter Lusk, a well-known Chattanooga lawyer with a thriving general practice.  They developed a sincere respect for each other and a great working relationship which continued for many years, until Mr. Lusk’s death, with Mike at his bedside in Atlanta.


While practicing with Lusk, who was a dune buggy enthusiast, Mike was bitten by the adventurous and racing “bug.”  With Lusk’s backing, Mike began his dune buggy career and participated in many races in various parts of the country.  At that time there was a dune buggy circuit, similar in some minor ways to present-day NASCAR circuit, with races practically every weekend.  Mike had a somewhat successful racing career but not without some mishaps.  On one occasion Mike came home literally “black and blue.”  His buggy flipped, throwing him out and he skidded on the track (thankfully, no broken bones).  After 5/6 years, Mike gave up racing to spend more time with his sons, now two, and for all of which Joan was again thankful.


Mike continued his law practice as a sole practitioner and with several different associates until July 10, 1997, when he was appointed General Sessions Court Judge by Governor Sundquist to succeed Judge H. L. Smith, who had resigned due to disability.  He ran for a full 8-year term as Sessions Court Judge in August 1998 in a county-wide non-partisan election against a strong opponent and won in a very close contest.

           

During his tenure, Mike was instrumental in the Sessions Court Judges adopting a rule in which each criminal defendant’s case was assigned rotational to one of the five divisions and all proceedings and subsequent cases of that defendant were to remain in the same division, with some necessary exceptions.  This rule effectively stopped the practice of “judge shopping” which was bothersome to both bench and bar. 


Mike served the Court and County well and honorably until September 28, 2005, when he resigned to accept a special executive position with Life Care of America with extensive facilities located throughout the U. S.  He traveled to many of the facilities representing the company and helping to resolve various situations which may have arisen, whether legal, personnel or weather-related disasters.  His first concern was always the care and welfare of the patients and the staff’s ability to meet the patients’ needs.

A few years later he returned to his law practice and served as special counsel at times to the county mayor and the sheriff’s office.  Also, he devoted more time to his and Joan’s storage businesses in the Ooltewah-Collegedale area.

In 2012, he ran unopposed in both the Republican primary and the general election for the vacant District 29 seat in the Tennessee House of Representatives.  He was nominated and elected to four additional two-year terms with little or no opposition and was planning on running again in 2022.  He relished representing and working for the citizens of his district and the state in the State Legislature and, in his words, “took to it like a duck to water.”  As one of his friends stated, Mike found his “niche” in the Legislature.


Judge Carter’s (as he was called by his legislative colleagues) advice was sought by many of his fellow legislators due not only to his legal knowledge, his intuitive insight, his commonsense approach, but also his ability to quickly “cut to the heart of a problem.”  He served as chairman of the Civil Justice Committee and had an influential role in many bills passed by the Legislature.


Two of the bills Judge Carter sponsored and worked on tirelessly are of particular importance to the citizens of Hamilton County.  One has to do with annexation by a municipality.  This bill gave the citizens in the affected area the right to vote for or against annexation.  For his efforts on this bill he was named Legislator of the Year by one organization.


The other bill forced the State to request the termination of the vehicle emission testing in Hamilton County and other counties.  After a long-drawn-out procedure, as required by the state and federal regulations, local citizens were elated and thankful when testing ended on January 14, 2022.  On both of the bills carter worked closely with Hamilton County Senator Bo Watson to secure their passage in the State Senate.


While preparing to return to Nashville for a special session of the Legislature, Mike tested positive on August 11, 2020 for Covid-19 but had no symptoms.  However, in a few days he was very sick and was hospitalized in the intensive care unit of Erlanger in critical condition.  It was a “touch and go” situation for several days, but after two to three weeks he was released to go home.  While still being treated for Covid-19, he was diagnosed with pancreatic cancer.  After a courageous battle, he passed away at home on May 15, 2021.


Mike was described by colleagues, friends and acquaintances with superlatives such as: excellent public servant, smart, loyal, committed, humble, always willing to help, wonderful storyteller (someone told him, “you must have a great memory or a humongous imagination”), honest, faithful, compassionate, great sense of humor, even when hospitalized, and many others.


One of many of Mike’s acts of helpfulness and compassion:  On a Friday docket, a young female with a serious drug addiction was sentenced and placed on probation immediately to the Teen Challenge program.  However, the Chattanooga facility was full but there was an opening at the Alabama Teen Challenge.  However, a medical exam was required before admission.  By the time the exam was completed, it was too late to be admitted in Alabama that evening.  Rather than allowing her to remain on the street or with her “friends,” Mike and Joan let her spend the night with them and they drove her to Alabama on Saturday morning.


Following are a few of the many personal tributes to Mike by individuals from all walks of life:


·      State Senator Bo Watson: “His many acts of mercy, compassion and kindness will be missed here and across the State of Tennessee.”

·      State Senator Frank Nicely: “When he spoke everyone listened and almost always found themselves on the right side for following his wise counsel.”

·      Governor Bill Lee: “I will miss Mike Carter who was a leader, friend and brother in Christ.”

·      Speaker Cameron Sexton: “He was a man of faith and an effective and dedicated public servant.”

·      Justice Sharon Lee: “Mike Carter was a kind, highly respected public servant, lawyer and judge who made a positive difference during his 67 years on this earth.”

·      Lt. Governor Randy McNally: “Judge Carter was an excellent public servant and a great man.  He provided wise counsel to his colleagues and displayed fierce loyalty to his friends.”

·      Comptroller Jason Mumpower: “His sharp mind, strong voice and warm heart helped him serve Tennessee well.”

·      Judge Gerald Webb: “I traveled with Mike to many facilities when we worked together at Life Care.  He was committed to helping people and he always approached people without regard to race, color or creed in a humble and respectful manner.  His story telling was hilarious.”

·      Judge Gary Starnes: “As a lawyer, judge and legislator I have always admired and respected Mike for his expertise and knowledge.  During my tenure as president of the Tennessee General Sessions Judges Conference, his advice and suggestions were especially helpful.  He was loved by everybody and will be greatly missed.”

·      State Senator Todd Gardenhire: “We have missed and will miss a giant in the legislature and the community. Politically speaking, I’ve lost my right arm in Nashville.  He was the author of very substantive and substantial legislation that made Tennessee a much better place to live and to business in.”

·      Deborah Collins: “Mike was an honest hard worker and did so much for everyone that crossed his path.  He was always there to lend a helping hand.”

·      Robert Nodes: “Mike Carter was a true gentleman…this good and noble man brought a wisdom, grace, and honor that now and in the future will serve as a standard for others to aspire.”

·      Rick and Wanda Belk: “He was a true friend to us.  Mike was a very caring man, and we will miss him dearly.”

·      Kristy Patton: “Judge Carter was a good and fair person.  He truly cared about others and the community.  He was a people person.  He could relate to anyone on their level.  I believe he changed many paths by his words or actions that many take for granted.”

·      Kathy and Eddie Ingle: “I find it hard to think of Mike in the past tense because of his faith in the person and work of Jesus he is more alive today than he has ever been.  He was funny, articulate, smart, witty, a hard worker and a devoted and faithful friend and always had kind and encouraging words.”

·      Lori Stiers: “He was a very caring man with a servant’s heart.”

·      The Hamilton County Commission paid tribute to Mike for his service and appropriately appointed his wife, Joan, to serve in his seat in the Legislature until his successor was duly elected.

·      The City of Collegedale is to name a public road, intersection or bridge in Mike’s honor for his achievements and contributions to the City.


Mike loved his wife and family dearly and spoke often of the wonderful and cherished times they had together.  He leaves Joan, his wife of 47 years, son Stephen and wife, Misha; son Tim and wife, Deona, and grandson Walter.

           

Mike loved his church, Ooltewah Baptist, where he served as a Sunday School teacher and in many other capacities.  He expressed his Christian faith often and unashamedly.  His personal goal in life and the creed he tried to live by was the Golden Rule: “Do Unto Others As You Would Have Others Do Unto You.” 


THEREFORE, BE IT RESOLVED, in a special memorial session on this 18
th day of March, 2022, that Honorable O. Mike Carter’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

Signed 

Lee Ann Adams, President

Lynda M. Hood, Executive Director


Memorial to

Honorable Herschel P. Franks

As prepared and presented by Honorable John McClarty and Jerry Summers 


Retired Court of Appeals Judge Herschel Pickens Franks, who served as Presiding (Chief) Judge of the Court as well as the Presiding Judge of the Eastern Section from 2004 – 2012, died on March 19, 2020, at the age of 89 years old.  At the time of his retirement in 2012, Judge Franks was the longest serving state court judge in Tennessee’s history.

Born in Savannah, Tennessee, on May 28, 1930, Herschel Franks was the only child of Vada Pickens Franks and Herschel Ralph Franks. The family operated a small farm and country store near Pickwick Lake. Young Herschel received his undergraduate education from the University of Tennessee – Martin and the University of Maryland. He enlisted in the National Guard while studying at UT Martin and later served in the United States Air Force from 1950 to 1954. Upon completion of his military service, he attended the University of Tennessee College of Law in Knoxville on the GI bill, receiving his law degree in 1957.

Arriving in Chattanooga in 1957 after graduation from law school, the new lawyer entered private practice as a claims attorney for United States Fidelity & Guaranty, an insurance company that insured a large number of industries and businesses in the East Tennessee area. In 1959, he became a member of the law firm of Harris, Moon, Meacham and Franks, where he continued to practice insurance defense law. Well liked by his fellow attorneys, he was elected to and served as the president of the Chattanooga Bar Association. He was also an active participant in both state and national bar associations.


In 1970, Judge Franks was appointed Chancellor of Part 2, Chancery Court of Hamilton County by Governor Buford Ellington, a position he held for eight years until his elevation to the Court of Appeals. As a trial court jurist, Chancellor Franks made many groundbreaking rulings. Guided by his respect for the law, adherence to the facts, and a deep sense of fairness, he did not shy away from controversial cases despite the political consequences.

           

The landmark case of Paty v. McDaniel is one of the decisions in which Chancellor Franks overturned existing standards. He ruled that the Tennessee Constitution’s provision banning ministers from serving as legislators in the Tennessee General Assembly violated their right to due process of law under the United States Constitution. Despite his ruling being reversed by the Tennessee Supreme Court, it was reinstated on appeal by the United States Supreme Court in a 9-0 opinion in 1978.

Chancellor Franks also authored a controversial decision relating to comatose patients on life support machines and the ability of family members to authorize medical care providers to discontinue use of the machines. In the face of opposition from the Tennessee Medical Society, Chancellor Franks laid down a ruling that became instrumental in creating a national movement for living wills and right-to-die laws. These standards are commonly used in today’s society but were a novelty at the time of his initial ruling.

Chancellor Franks also handled a case involving James Earl Ray, the assassin of Rev. Dr. Martin Luther King. Ray had filed a pro se petition against two of his habeas corpus lawyers who he claimed refused to turn over his file after he fired them. The case was eventually settled between the parties upon the return of the file. Ironically, when the court-appointed lawyer turned the file over to him at the state penitentiary in Nashville, Ray remarked that “it was the only time he had won anything in a court of law.”

In 1978, Governor Ray Blanton appointed Chancellor Franks to the Tennessee Court of Appeals, where he continued to serve for 34 years. During the last eight years of his tenure, he served as Presiding Judge for the Eastern Section and Presiding (Chief) Judge of the full court. As an Appellate Court Judge, Judge Franks authored many groundbreaking opinions. In one case, he did not hesitate to rule against a municipal court judge who jailed an indigent defendant who could not pay the fine or court costs owed to the city of Chattanooga for contempt. Judge Franks ruled that the defendant had been illegally detained and ordered her release.

Judge Franks also wrote the opinion in the case involving the late John Jay Hooker as a Democratic gubernatorial candidate. Hooker had filed suit against then Governor Bill Haslam in 2012 to attack the constitutionality of the Tennessee Retention Election Statute that governs how intermediate appellate (Tennessee Court of Appeals and Tennessee Court of Criminal Appeals) judges are elected. After all the appellate court judges were recused, upon his appointment to hear the case, Judge Franks wrote the opinion that decided the case. Like his trial court rulings, his appellate court decisions were likewise full of courageous rulings. Judge Franks was not one to test the political winds prior to making decisions in cases that might further his judicial career. His adherence to his personal political philosophy and willingness to decide each case based solely on the law and facts demonstrated judicial courage that results in him ranking highly among judges who have served the state of Tennessee.

In 2019, biographical publisher Marquis presented Judge Franks with the Albert Nelson Marquis Lifetime Achievement Award. In 2009, he received the Tennessee Bar Association’s highest service award to the judiciary, the Francis F. Drowota III Award. Judge Franks also received many awards and accolades from his peers, including the Foundation of Freedom Award from the Chattanooga Bar Association and the Merit Award from the American Bar Association. Further, he mentored generations of young lawyers who worked as clerks in his chambers and new judges in the trial and appellate courts.  The community was blessed by his efforts on behalf of the Big Brothers and Big Sisters organization.

As a husband, father and friend, Judge Franks is remembered for his kindness, generosity, lively spirit, good humor, and ready supply of stories and tales concerning the law and lore of Tennessee. He is also fondly remembered for his skillful gardening and homegrown tomatoes.

Herschel Pickens Franks, a lawyer, a Chancellor (Trial Court Judge), an Appellate Court Judge, and a good and respectable person. He dedicated his life to God, his family and loved ones, his community and state, and to his profession. He was a pillar of Hamilton County and the State of Tennessee and a model of decorum in every aspect of his life. In the letter sent to Gov. Bill Haslam in September 2012 announcing his retirement, Judge Franks said, “Words cannot adequately express my heartfelt and sincere appreciation for Tennessee’s voters who have elected me as one of their judges in seven elections.” I say to you, Judge Franks, it is us, the Citizens of Tennessee, who should express to you our heartfelt thanks and sincere appreciation for the service you have rendered this great state of ours.


Judge Franks passed away on the morning of March 19, 2020, and was laid to rest at the Chattanooga National Cemetery. He is survived by his wife of thirty years, Judy Franks; his daughter Ramona Hagmaier and her husband Jason; granddaughter Megan Hagmaier; step-daughters, Mary Beth and Anne Black, along with Anne’s husband Martin Beeler and their children Nora, Genevieve and Nico. 

 

THEREFORE, BE IT RESOLVED, in a special memorial session on this 18th day of March, 2022, that the Honorable Herschel P. Franks’ 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

signed

Lee Ann Adams, President

Lynda M. Hood, Executive Director


Memorial to

Judy Wood Franks

As prepared and presented by Honorable John McClarty


Judy Wood Franks, former resident of Signal Mountain, Tennessee, and wife of deceased Tennessee Court of Appeals Presiding Judge Herschel Pickens Franks, died on August 26, 2021, in Nyack, New York, at the age of 77 years old.

           

Born in Memphis, Tennessee, on October 9, 1943, Judy was raised on her family farm in Phillips County, Arkansas.  She received her undergraduate education from Southwestern at Memphis (Rhodes College) in 1965.  Judy attended the University of Tennessee College of Law in Knoxville and received her law degree in 1981.  She served as Editor-in-Chief of the Tennessee Law Review.

           

After graduation from law school, Judy served as a judicial law clerk for the Honorable Judge John K. Byers on the Tennessee Court of Criminal Appeals and for the Honorable Judge Frank Drowota on the Tennessee Court of Appeals. She also served as a staff attorney for the Tennessee Supreme Court for a period of time.

           

As a beloved mother, grandmother, wife, sister, niece, cousin, and friend, Judy is remembered for discerning intellect, quiet eye for beauty, and her love of the law, literature, poetry, knitting, and southern arts and crafts.

           

Judy was laid to rest at the Chattanooga National Cemetery, alongside her husband, Judge Franks, a veteran of the United States Air Force.  She is survived by her daughters, Dr. Mary Beth Black and Anne Black, along with Anne’s husband Martin Beeler and their children Nora, Genevieve, and Nico; and her stepdaughter Ramona Hagmaier and her husband Jason and their daughter Megan Hagmaier.

 

THEREFORE, BE IT RESOLVED, in a special memorial session on this 18th day of March, 2022, that Judy Wood Franks’ 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

signed

Lee Ann Adams, President

Lynda M. Hood, Executive Director


Memorial to

Hugh Pierce Garner

As prepared and presented by Alan Cates


Hugh Pierce Garner, son of the late Isaac Leonard Garner and Marie Lewis Garner, passed away on February 10, 2021; and

Hugh Pierce Garner is survived by his wife, Marilyn Burnett Garner; daughter, Paige Garner Morse; son H. Griffith Garner (Sarah); four (4) grandchildren, Paige Marie Morse, Jessica Ann Garner, Margaret Mary Garner and Hugh Thomas Morse; and one great grandchild, Davis Carlton Morse; and

Hugh Pierce Garner distinguished himself as a student athlete in basketball and football at LaFollette High School in Campbell County, Tennessee and at the University of Tennessee where he was a four-year starter on the football team, playing on the National Championship Team of 1951, was the recipient of the Roy N. Latspeich Memorial U. T. Scholastic Award and a member of the Scarabbean Senior Society and as a graduate of the University of Tennessee College of Law; and

Hugh Pierce Garner as a member of the Chattanooga Bar Association and the Tennessee Bar Association practiced law more than sixty-two (62) years in a firm that always included his name; and

Hugh Pierce Garner’s preeminence as an attorney was recognized by his peers by his being admitted as a Fellow of the American College of Trial Lawyers, a Fellow of the Chattanooga Bar Foundation and a Fellow of the Tennessee Bar Foundation; and

Hugh Pierce Garner embodied the best of faithful service and loyal dedication to the clients he represented and the highest standard of professionalism in the courts in which he appeared.

Hugh Pierce Garner provided wise counsel, mentoring, leadership and, above all, faithful friendship to his colleagues and friends; and

 

THEREFORE, BE IT RESOLVED, in a special memorial session on this 18th day of March, 2022, that Hugh Pierce Garner’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

signed

Lee Ann Adams, President

Lynda M. Hood, Executive Director


Memorial to

William “Bill” Hall

As prepared by Sheri A. Fox and presented by Peter Ensign


William B. Hall, known as “Bill”, was born on May 21, 1943, in Aurora, IL and died on December 20, 2021, at home and surrounded by his family. 


Before beginning his 40-year career as a Chattanooga attorney, Bill served his country as a member of the U.S. Marine Corp from 1960-66. After his military service, Bill went to work as a police officer, in Aurora, IL, where, during his 12-year tenure, he rose in the ranks from a beat cop to a Shift Commander. While working as a police officer, Bill earned a Bachelor of Arts in Criminology and Corrections from Aurora College; a Master of Arts in Public Administration from Northern Illinois University; and began work on his law degree. Bill earned his Juris Doctor from the Northern Illinois University College of Law in 1981 with a specialization in Public Law. 


After finishing law school, Bill moved to Chattanooga to teach in the Criminal Justice Department at the University of Tennessee at Chattanooga and later served as head of the Department. In 1995, Bill accepted a position as the coordinator of what, thanks to his vision and leadership, became the Legal Assistant Studies Program at UTC. From 1978 to 2000, he worked as a tenured Associate Professor in UTC’s School of Social and Community Services where he taught many students who later became members of the Chattanooga bar. After he retired from UTC in 2000, he taught in the Criminal Justice Program for another four years as a Post-Tenure Retirement Professor.


Bill ran his own law practice in Soddy Daisy for four decades, helping clients from all walks of life solve their varied legal problems.

               
Then in 2005, Bill accepted a position as an Assistant District Attorney in Hamilton County, retiring in 2017. Not one to rest on his laurels – or rest at all – Bill worked for the Hamilton County Sheriff’s Office in the Investigative Administration and Fugitive Department until 2020 when he and his wife Linda Hall, also a long-time Chattanooga attorney, moved to Arkansas to build their dream home on the banks of the White River.

Bill and Linda were a great team. Anyone in Soddy Daisy who had any problem with the law, criminal, divorce, or otherwise, knew they could count on Bill and Linda. 

Bill always wanted to help and do what he believed to be right. In his succinct way, he would get right to the point of how a matter should be resolved – and then work out the details later! His clients benefited from that focus on what was right and possible.


Of course, part of his career was his long tenure at UTC. So many students felt the confidence he had in them. Many of his students used that confidence as the spark to go on to productive careers in the Chattanooga legal community.

Bill never lost the desire to do what was right and to fight for those who came to him for help. Even when he moved, he made sure those in Soddy Daisy knew where to go if they needed an advocate. He will be greatly missed by those who knew him and those he helped.


In addition to his many legal and academic accomplishments and contributions, Bill was a gifted guitar player and singer. He was the founding member of a lawyer band affectionately called “The Pro Boners” that performed at various Pro Bono and other events in Chattanooga. Bill also was a gentleman farmer and a courageous and enthusiastic participant in countless Pilates and Barre classes with Linda and friend, Sheri Fox. 

Lastly, and most importantly, Bill loved his family. He and Linda spent 27 amazing years together. Bill loved and was immensely proud of his sons, Brock and Brian, and his two grandchildren. And no tribute would be complete without also mentioning Bill’s love of his three dogs, Beauregard, Fuzz and Abbie Tsu. 

THEREFORE, BE IT RESOLVED, in a special memorial session on this 18th day of March, 2022, that William “Bill” Hall’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

signed

Lee Ann Adams, President

Lynda M. Hood, Executive Director


Memorial to

Stan Lanzo

As prepared and presented by Johnny Houston


All who met Stan Lanzo remember his larger-than-life laugh, his love for travel, and his distinct Boston accent. Living here over 40 years never affected his accent one bit.  As a career prosecutor, Stan commanded respect in the courtroom and yet always found time to be mindful of people at life’s margins.


Stan left a lasting legacy in his adopted state of Tennessee. Fighting tirelessly for victims, protecting our community as a prosecutor, and, later, standing up for the rights of ordinary people as a defense lawyer. The first potential client who came to see Stan could not afford his legal fees so when he left, Stan felt so bad for the man that he gave him a hundred-dollar bill.  His office partner, Bill Guest, told him “Stan, you are trying to make money her, not give it away.”


Stan also had a heart of gold and a soft spot for the less fortunate. Each Christmas Stan would ask for a list of children in local foster care and make sure to fulfill their entire wish lists from Santa. In particular, he made sure the older children received gifts, as he was afraid, they might be overlooked. 


To his family, he was the head of the household and a caregiver to his late mother, Irene. To his nieces, he dubbed himself “Prince Charming,” and the name stuck. To his nephews, he was an adventurous boat captain and a loyal travel companion. And if anyone in his extended family was ever in need, Stan was there to help. I came here in 1989 and rented a house from Stan. He was a great landlord although it took him awhile to learn my name.  He introduced me and my wife one time to one of his many girlfriends as “the tenants.” He eventually sold the house to me and financed 100 percent himself. He also helped me in other ways, personally and professionally.  Stan Lanzo left this world better than he found it, and he will be sorely missed. May you rest in peace: “The Man,” “The Myth,” “The Legend,” the “Italian Stallion,” Stan Lanzo.


Survivors include sister, Carol Lanzo Anderson; brother-in-law, Richard D. Paul; nieces, Beth Paul Wolpman, (A.J.), Brenda Paul Asmus, (Chris), Janyce Peach Lever, Sharyn Peach; great-nephews, Zachary Asmus (Samantha), Benjamin Asmus, (Taryn); Great-nieces, Jessica Wolpman Bian, (Kevin), Jillian Wolpman, Maren Asmus, Alexis Lever and his dear friends Tommy Payne, Bob Brown and their families. 

 

THEREFORE, BE IT RESOLVED, in a special memorial session on this 18th day of March, 2022, that Stan Lanzo’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

signed

Lee Ann Adams, President

Lynda M. Hood, Executive Director


Memorial to

Paul Revere Leitner

As prepared and presented by Gregory M. Leitner


Paul Revere Leitner passed away on Saturday, May 22, 2021. On November 11, 1928 he was born in rural Fairfield County, South Carolina on the eve of the Great Depression. He was an 8
th generation South Carolinian, and he had ancestors who fought in the American Revolution for the Patriots. 


He grew up on a small farm but, for a while during WWll, he had to live apart from his parents who moved to Oak Ridge and later to Indiana to support the war effort. He graduated high school (11th Grade) in 1945 at the top of his class of 10 students. He started Duke University at age 16. 

He interrupted his education at Duke to join the Army at age 17 and was assigned to Busan, Korea in 1946 and 1947. He returned to his studies at Duke in 1948 and graduated in 1950 whereupon he was hired by Liberty Mutual Insurance in Boston for training. Liberty Mutual later assigned him to its Chattanooga claims office and for a while he lived at the old YMCA on Georgia Avenue just down the block from the First Centenary Methodist Church which he later joined. 

He started night law school at the McKenzie College of Law in Chattanooga while he worked at Liberty Mutual. Halfway through law school he was hired in 1952 as an employee of the law firm of Folts, Brammer, Bishop, and Thomas. He graduated law school in 1954 and was hired as an associate attorney with the same law firm which later became known as Thomas, Leitner, Mann & Milburn, and then later as Leitner, Williams, Dooley, & Napolitan. He became a partner in 1957 and retired in 2012 at age 84. In all he was employed more than 60 years at the law firm and, during his time as Managing Partner, the law firm grew to more than 100 attorneys with offices across Tennessee. During this time, hundreds of lawyers across Tennessee practiced law with him in the law firm and he had a positive influence on these lawyers as well as on the Chattanooga Bar and the Tennessee Bar. 

His primary lifelong passions in life were his Christian faith, the practice of law, his family, and running (especially marathons). Below are some of his achievements: 

Law Practice Achievements

-      President of the Tennessee Defense Lawyers Association in 1975-76 

-      Tennessee State Chairman for the Defense Research Institute from 1978-79 

-      Chattanooga Bar Association (Founding Fellow)

-      Tennessee Bar Association (Fellow)

-      American Bar Association

-      Federation of Defense and Corporate Counsel

-      International Association of Defense Counsel

-      Trial Attorneys of America

-      American College of Trial Lawyers (Fellow-membership highly restricted to 1% in each state)

-      American Board of Trial Advocates (Advocate)

-      U.S. Sixth Circuit Judicial Conference (Life Member)

-      Best Lawyer in America by US News and World Report

-      Member of the National Board of Trial Advocacy

-      Member of the Tennessee Commission on Continuing Legal Education

-      Chattanooga Bar Association Award for Zealous Practice of Law and Lifetime Achievement Award (2014)

 

Personal and Community Achievements

-      He was named “Young Man of the Year” by the Chattanooga Jaycees in 1957 

-      President of the Chattanooga Jaycees (1956-57) 

-      Member of the Hamilton County Juvenile Court Commission 1955-61 (Chairman, 1958-59)

-      Member of the Hamilton County Metropolitan Government Charter Commission (1962-64)

-      Board of Directors at the Family Service Agency (1957-1963)

-      Member of the Chattanooga-Hamilton County Community Action Board

-      Board of Directors at Camp Ocoee

-      American Inns of Court- Chattanooga Chapter 

-      Chairman of the Citizens Committee for Better Schools 

-      Member of the Governors No Fault Insurance Committee (1976-77)

-      Board of Directors at the Chattanooga Opera Association (1982-83) and the Chattanooga Symphony and Opera Association 

-      Member of the Official Board at the First-Centenary United Methodist Church (1988-94) 

-      Member of the Kiwanis Club 

-      Board of Directors at the Chattanooga Prison Ministry (1995-1997) 

-      Board of Directors at the Japan Center of Tennessee (1992-1996) 

-      Chattanooga Track Club

-      Half Century Club- Board 

-      Chairman of Board-Campus Crusade for Christ

-      Completed 25 marathons across the US   


He is survived by his loving wife of 36 years, Jeannette; and children David (Susan), Doug (Cathy), Greg (Sheryl), Reid (Sigrid), Cheryl (Tim), and Lindsey; and grandchildren Greg Jr. (Melissa), Charlotte (John), Lauren, Ashley (Gary), Simone, Karl, Clara, and Oyla; and great grandchildren Walker, John Jr., Jackson, and Knox. 

 

THEREFORE, BE IT RESOLVED, in a special memorial session on this 18th day of March, 2022, that Paul Revere Leitner’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

Signed

Lee Ann Adams, President

Lynda M. Hood, Executive Director



Memorial to

David Edward Patterson

As prepared and presented by Honorable Russell Bean


I am here to celebrate the life of David Edward “Pat” Patterson. Not many of you attorneys will remember him (you missed a great guy). The reason you won’t remember him is because he practiced law in the mid 1960’s. 

I call him “Pat” because that is what he went by at Red Bank High School. He was a friend of my brother, Crawford. They were classmates and teammates at Red Bank High School. At that time, I was in middle school or as we called it, Junior High. 

I first met Pat on our farm. Dad had cut hay for our livestock, and he would always get my brother Crawford and myself to haul the hay. Since I was a scrawny kid, he got Crawford to get a couple of his high school friends to help haul the hay. Pat was one of those friends along with Travis Billingsley. 

I was amazed at how far up on a truck Pat could throw the hay. He could throw the bales up 10 or 12 feet to the top of the truck. 

At Red Bank High School Pat was a star football player and while there made the All-District Team for several years. Pat was very popular in school and was one of the superlatives of his class. After graduation he earned a scholarship to Carson Newman College where he again excelled in football. 

After that, Pat enrolled in the University of Tennessee School of Law in 1963. While in law school, he became reacquainted with Brenda Clements who was then a student at the University of Tennessee. Ironically, Brenda had been a student at Red Bank School and was
several years younger than Pat. The couple began dating, fell in love and married. They then had a baby girl named Mia. 

After law school Pat had gone back to using his first name David so that’s what he was remembered as in the legal community. David went to work in Chattanooga for the law firm of Spears, Moore, Rebman and Williams. He practiced law for the firm for approximately two years. The two lawyers that are still there that remember David are Tom Kale and Fred Moore, Jr. Both say he was a good lawyer with a lot of skilled abilities. 

The reason David practiced only for two years was that he was probably smarter than all of us. You see, Brenda’s father was Wallace Clements that owned and operated Clements Antiques here in Chattanooga. Pat left the practice of law and went into the antique business with his father-in-law. With his legal expertise and knowledge Pat was a tremendous asset to Clements Antiques. 

He and his wife Brenda then started the Northgate Auction Gallery and operated that for fifty years. Through the years obviously Mia had grown up and she had married a young man by the name of Jeff Fleetwood. They had a daughter by the name of Gray Fleetwood. With the help of David and Brenda, Mia and Jeff started a Gallery in Nashville, Tennessee. It still exists today, and it is very successful up there. 

Unfortunately, Brenda passed away approximately twenty years ago, and David continued with the Auction and of course, continued close contact with his family. His granddaughter Gray was the “apple of his eye”, and she is a graduating senior this year 

David passed away on September 2, 2021, leaving behind a good family and a lot of wonderful memories. 

I want to personally thank the family for choosing me to give this presentation. It is an honor and a privilege to tell you about David “Pat” Patterson. 

THEREFORE, BE IT RESOLVED, in a special memorial session on this 18th day of March, 2022, that David Patterson’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

signed

Lee Ann Adams, President

Lynda M. Hood, Executive Director


Memorial to

Susan Gail Sisson

As prepared by Miller & Martin, PLLC and presented by Bob Batson


Susan Gail Sisson, known as Gail, was born in Columbus, Georgia, on May 7, 1954. Having courageously fought non-Hodgkins lymphoma for several years, Gail passed away on August 18, 2021, at the age of 67.

Gail grew up in Chattanooga and graduated from Brainerd High School. She attended Carson-Newman College, graduating with a Bachelor of Arts degree. That was an important time for her, when her mind was opened to new horizons, and she made long-lasting friendships.  She followed that up by obtaining a Master of Library Science degree from the University of Tennessee at Knoxville and a law degree from the University of Houston. She spent 16 years in Houston, Texas, where she was a member of the Texas bar and worked as a law librarian. She later returned to Chattanooga. She became a member of the Tennessee bar and worked for many years as the Director of Library Services for Miller & Martin. 

Gail loved books. She bought them, checked them out, catalogued them, loaned them, retrieved them, mended them, surrounded herself with them, and—when necessary—guarded them carefully. And above all, she read them. For many years, Gail read over two books per week, keeping a log of what she had read. 

Gail worked in a library. Her home was also a library, filled with books she owned and with borrowed books that, for stretches of time, were her friendly visitors. And when she traveled (often) to other places, such as Europe and Africa, she made sure to visit libraries and bookstores. Her intimate relationship with books was lifelong and international. 

As a book-lover and a lover of language, it is not surprising that Gail was intelligent, thoughtful, and wise. She had a wry sense of humor and a keen wit. In conversation, she often delivered, with a barely perceptible smile, a seemingly offhand comment that later, on reflection, yielded deeper and even unexpected meaning.

Gail also loved animals and people. She cared about what is right and wrong, and she was devoted to her pets and to those special people whom she dearly loved. Gail is survived by her life partner, Emily Martin; Emily’s parents, David and Carol Martin; Gail’s mother, Sue Sisson; her sister, Kathy (Terry) Jones; her nephew, Lorin (Martha) Jones; her niece, Laura Margaret Jones; her sister and brother-in-law, Jeanne and Reggie Alley; her niece, Eleanor Alley; and her nephew, Carter Alley. She was preceded in death by her father, Willard Sisson and nephew, Spencer Jones. 

THEREFORE, BE IT RESOLVED, in a special memorial session on this 18
th day of March, 2022, that Susan Gail Sisson’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

Signed

Lee Ann Adams, President

Lynda M. Hood, Executive Director



Memorial to

Charles Kenneth Still

As prepared and presented by Honorable Shelley D. Rucker


Distinguished Judges, Members of the Chattanooga Bar Association, family, friends, and guests, I am honored to be here today to present the memorial for Charles Kenneth Still, who passed away on June 9, 2021. 


Although Mr. Still was not a member of the bar, his service for almost five decades as the Standing Trustee for Chapter 13 bankruptcy cases weaves his story into the histories of so many of our past and present members who practiced bankruptcy law in Chattanooga and Winchester. His supervision of over more than 100,000 chapter 13 cases touched so many of the members of our community who were debtors or co-debtors receiving the protections of the court, employers who honored wage orders and creditors who received payments rather than just a notice of a liquidation. His exceptional contributions to our community were recognized when he was awarded the Ralph Kelley Humanitarian Award by the Chattanooga Bar Association in 2005. The award is presented to a member of the bar, but this organization made an exception for the man who had headed the office that provided the means for a fresh financial start that included paying the debts to the best of a debtor’s ability rather than simply walking away from those obligations. Therefore, it is entirely appropriate that this association once again make an exception, and formally remember him in this year of his passing. 


Kenneth Still was born on April 8, 1932, in Cleveland, Tennessee, to the late Wallace Vasco Still and Stella Nipper Still. He was the second of four children born to this marriage. He attended public schools in 

Cleveland and Bradley County, except for one year in Tunnel Hill, Georgia. He graduated from Bradley High School in 1949. Later in life he attended the University of Tennessee in Chattanooga. He never completed college, and he never attended law school although numerous attorneys credit him with being the one who taught them the practice of bankruptcy law. He attributed his ability to work toe to toe with so many attorneys to be his ability to do math; and with the aid of a well-worn calculator, he could do it a warp speed. He secretly confided to the current chapter 13 trustee that he believed that they apparently did not teach math in law school. 


It was his concern for his family that led Kenneth to become a bankruptcy trustee. On June 6, 1953, he married Barbara Jean McLain, the love of his life. They shared 68 years of marriage, successfully facing challenges that would overcome other couples. They raised three children, Chuck, Stephen, and Robin, who have made their own contributions to their communities in ways that made their father very proud. 

When he and Barbara were starting their family, he was determined to send his children to college because he had not gone. He started looking for a higher paying job and asked for leads from others at his church. He received an opportunity at a manufacturing plant; but when he showed up for work, he learned the employer no longer needed him. Devastated, he prayed: “God, I know you love these kids more than I do. So, if these kids are meant to go to college, then I need your help.” Shortly thereafter, the position for trustee was announced. 


On January 1, 1968, at the behest of District Judge Frank Wilson, Referee Byron Pope appointed him Chapter 13 Trustee for the Chattanooga and Winchester Divisions of the United States Bankruptcy Courts for the Eastern District of Tennessee. The prior trustee had been removed in a scandal due to poor management. Kenneth candidly admitted that no one wanted the job. The operation was a mess. Nevertheless, he accepted the challenge and charged ahead. At first, he felt overwhelmed and thought about quitting, but he persisted and soon found help. 


In 1979, a new bankruptcy code was enacted which contained a new chapter 13. The Bankruptcy Judge, and former Chattanooga Mayor, Ralph Kelley fully supported a type of bankruptcy that allowed the debtors to repay their debts over time rather than walk away from their obligations. Both men saw this type of bankruptcy as minimize the stigma of bankruptcy and the feelings of failure that came with filing bankruptcy. They believed that the debtors who took this option could hold their heads high and know that they had met their commitments to the best of their ability. Judge Kelley was determined to make the Bankruptcy Code of 1978 “work” and Kenneth was the man he relied on to make the chapter 13 program work with integrity and efficiency. With that support, Kenneth grew the Chattanooga and Winchester chapter 13 trustee’s office into a model operation. 


Over time Kenneth brought order to the mess he had inherited, and the Chapter 13 Program grew. In 1968, his office processed $711,793 in receipts. The year he retired the office processed $99,868,302 in receipts. One year, the amount topped $110,000,000. At his funeral, Hal North stated that the best guestimate of the number of cases Kenneth oversaw topped 170,000. The court’s records show that number of chapter 13 cases between the enactment of the Bankruptcy Code in 1979 and 2014 when he retired, there were well over 100,000 chapter 13 cases filed in Chattanooga and Winchester. When another 10 years is added from 1968 to 1979, that guestimate would be close. 


Frequently during the last two decades of his career, the public heard the statistics about how Tennessee was one of the leaders in per capita bankruptcy filings. Because of Kenneth’s efforts, that was not the entire story. In Chattanooga, approximately 70% of the cases in Chattanooga involved plans that were returning payments to creditors through chapter 13 plans. Debts were paid, homes were saved from foreclosure, cars did not have to be repossessed, defaults were cured, and fresh starts begun. His office also achieved these objectives for the debtors and creditors at one of the lowest trustee commission rates in the country. 


While the Bankruptcy Code of 1979 proved to be a boon to his career, it almost ended it. In one of the drafts of the new code, Congress considered requiring the standing trustees to be attorneys. Kenneth had made many friends among trustees who wanted him to continue. Ken had helped develop the National Association of Chapter 13 Trustees and served as its president in the early years. One such friend was from Kansas and contacted his Senator, Bob Dole, to remove the requirement. It was deleted, and Kenneth was appointed as the standing 13 trustee under the new law. 


Kara West, the current standing chapter 13 trustee, described his contributions in an article published in the Academy, the newsletter of the National Association of Chapter 13 Trustee as follows: 


C. Kenneth Still was a legend. He trained more bankruptcy attorneys in the Chattanooga area than you could imagine.... He commanded an audience of debtors, creditors, and their attorneys at tightly packed meetings of creditors and could mediate a creditor objection with just a few words. He knew how to sniff out undisclosed property and nefarious motives. ... He was proud of any debtor who completed a plan because he understood the effort it required. He loved being a trustee, and it showed. 

Mr. Still always took the time to answer questions and explain how the Chapter 13 program worked. Regardless of who asked or how long it took to explain it, he made the time. Mr. Still was grateful to the mentors who helped him and lauded their accomplishments. He had a healthy work ethic and respect for what the Chapter 13 Program tries to accomplish. He was willing to pass along all his knowledge to promote the Program. He taught me a lot of meaningful lessons, namely: 


1.     Do your best and be on time. 

4.     Always know what’s yours and what’s not—never mix the two. 

5.     When you make a mistake, admit it and apologize. 

6.     If you broke it, then you fix it. 

7.     Be nice, and help people if you can. 


But the best lesson he taught demonstrated his faith in God and love for his family. 

His influence extended well beyond Chattanooga. During his tenure as the chapter 13 Trustee, he and Bankruptcy Judge Ralph H. Kelley developed several procedures, and forms that were adopted by other courts across the country. He trained and consulted with new chapter 13 trustees across the country. Some of his “graduates” included Judge Marcia Phillips Parson, Retired Bankruptcy Judge for the Eastern District of Tennessee, and Judge Sims Crawford of the Northern District of Alabama. Judge Crawford who was a Chapter 13 trustee before taking the bench, recalls that at his first chapter 13 trustee meeting, Mr. Still looked at his badge and asked, ‘Are you the guy who is taking over the trusteeship from Keith Lundin?’ When he responded that he was, Kenneth and another trustee asked him to have a seat so they could tell him the right way to do this job. ...After that he watched, visited, and attended hearings and meetings of creditors in Chattanooga. Kenneth was one of those trustees who could muse, as a meeting of creditors began, that a case ‘smelled like a 70% plan’ and, invariably, he was right.” 


He was honored by the Association of Chapter 13 Trustees upon his retirement on December 31, 2014, exactly 47 years from his appointment. 


But chapter 13 was not his entire contribution to the bankruptcy bar. He also served as Chapter 12 Trustee, overseeing family farmer cases for the entire Eastern District of Tennessee. He was on the Chapter 7 Panel of Trustees who were charged with liquidating debtors’ estates. He was also appointed as Chapter 11 Trustee for the liquidation of a wide variety of businesses from grocery stores to radio stations to real estate partnerships. It was some of these cases that gave him some of his favorite war stories. Kenneth loved a good story and his ability to recount his adventures with bad actors was well known. The telling only got better if he had Ralph Reese or Roger Fitch who assisted him as his accountants in some of those estates, or bankruptcy attorneys there to encourage him - like Bill Crutchfield, Kyle Weems, Bob Peters, Richard Banks, Bill Foster, Jerry Farinash, Larry Ahern, Bill Sonnenburg or Hal North. His gruff humor was well known, and he never lost it. In typical Still style, he requested that his obituary reflect that his body was worn out after three battles with cancer because he wanted everyone to “know what killed the old goat.” 


He appreciated his opportunities in this life. He never missed a chance to count his blessings – a wonderful wife, super children, extraordinary grandchildren, his friends, and the Brainerd Baptist Church where he and Barbara were members since 1955, and where he served as deacon, chairman of the deacons, and Sunday School teacher. But the next item on his list of blessings was his work. He enjoyed what he did, and we may never know how many lives he touched. He believed his job as the Chapter 13 trustee was a gift from God and he looked forward to coming to work every single day. He genuinely loved his job. 


So today is the opportunity for us to acknowledge the blessing that Charles Kenneth Still was in the lives of the attorneys who practiced bankruptcy law and the people who came to the bankruptcy court seeking a solution to their financial problems. 

 

THEREFORE, BE IT RESOLVED, in a special memorial session on this 18th day of March, 2022, that Charles Kenneth Still’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

signed

Lee Ann Adams, President

Lynda M. Hood, Executive Director


Memorial to

Donald W. Strickland

As prepared by Sandy McCrea and presented by John Konvalinka


Donald William Strickland died on November 23, 2021. A veteran of the Vietnam War, Don became a casualty nearly 50 years after its end at the age of 74, another victim of Agent Orange. Despite the cruel fate bequeathed him by his time in Vietnam, Don was always proud of his military service.

Don grew up in Gainesville, Georgia, where he and his 3 siblings were raised by a single mom.  With only a high school education, she worked as a bookkeeper, managing to keep food on the table, a roof over their heads, and still prepare 3 meals a day for her children.  Don’s mother instilled in him a work ethic, an understanding of a working-class life, and an appreciation for the difficulties women face in a man’s world.   

Don graduated from South Hall High School in 1965.  He briefly attended the University of Georgia, making him an eternal Dawgs fan.  But Don preferred playing trumpet in his rock and roll band to hitting the books.  After dropping out in 1966, he joined the United States Marine Corps.  Less than a year later, he was accepted to Officer Candidate School, and shortly before his 21st birthday attained the rank of Second Lieutenant. Within three years, he rose to the rank of Captain.  For his service in Vietnam from 1969 to 1970, he was awarded the Bronze Star Medal (with a combat “V”), the Air Medal (with the number 5, denoting over 100 combat missions as a Naval Aerial Observer), and the Combat Action Ribbon.  He was one of a relatively few Marines who served in Vietnam to have been awarded both the Air Medal and the Combat Action Ribbon.

After his release from active duty, Don obtained an undergraduate degree from Georgia State University and a law degree from the University of Tennessee. During his college and law school years, Don was an avid skydiver.  He logged well over 100 jumps and loved formation jumping. Don’s love of adventure never left him, as his friends can attest, having seen him bungee jump into a two-hundred-foot-deep canyon in Oregon and hang upside down from a zip line in Colombia.  Both events post-dated his 65th birthday. 

Don came to Chattanooga in 1977, where he practiced law for 35 years: first with Southeast Tennessee Legal Services and later as a partner with Grant, Konvalinka, and Harrison.

Don Strickland was a born lawyer.  He loved nothing so much as a good argument.  He also had a very competitive spirit, but he believed in fairness and held himself to high ethical standards.  While some considered him gruff and demanding, he never asked more of anyone than he was willing to give himself.  In law school, he spent most of his time either playing bridge in the student lounge or working in the Legal Clinic where he learned his craft firsthand and honed his talents as a lawyer.  He was quick witted, knowledgeable, and able to think on his feet, which made him an excellent trial lawyer.  Trying cases was his favorite part of being a lawyer.  He loved a challenge and always seemed able to rise to the occasion.

One of Don’s greatest gifts was his ability to see another point of view and change his own if he felt the opposing view was valid.  Oh yes, he would argue like a demon for his position, then later come back making the same argument he had opposed earlier.  This was not being wishy washy.  This was Don evolving, something few are capable of after reaching adulthood.

But what everyone probably remembers most about Don Strickland was his sense of humor, his rich laugh, and that mischievous twinkle in his eye.  As one of his friends said, “Don's love of life and his joy were obvious whether he was bungee jumping, riding the merry go round or seeing new sights. He had the rare ability to live in the moment.”  That gift earned him friends through every stage of his life, from elementary school through retirement.   

Music was something Don enjoyed throughout his life, beginning in his youth as a trumpet player.  In later years, he combined his love of music, his tenor voice, and his trial lawyer’s love of performance with various theatrical roles.  For many years he was active in community theater with both the Signal Mountain Playhouse and the Chattanooga Theatre Centre.  He acted in numerous plays and musicals but may be best remembered for his performance in “Leading Ladies,” which required him to appear in drag.  One of the playhouse regulars commented “Don is the ugliest woman I ever saw.”  The role required that he shave his beard and mustache, something he had not done in 50 years.  It was the first time his wife and children saw him clean shaven.  The beard and mustache returned at the end of the show’s run.


Don was also an avid sports fan and never missed a game when his Dawgs were playing.  But baseball was his love, beginning when he played as a catcher in Little League.  While Don could be impatient, he had infinite patience with the boys he coached when his sons played Little League.  Don was an active sportsman, even into his 70’s.  In his younger years, he played softball on his firm’s team and golfed with his partners.  But after retirement he returned to the game of tennis, playing doubles in the senior league.  He and his partner won Senior Olympic gold medals for doubles in tennis.  Don was a fierce competitor but always a good sport. 

Once Don retired from the practice of law, he never looked back.  True to his adventurous spirit, he and his wife, Sandy McCrea, traveled the world, visiting every continent except Antarctica.  Don had a large extended family and loved them all.  But more than anything, he loved his wife, his two boys, Douglas and William, and his daughter-in-law, Lindsey.  He was proud of his boys’ achievements and the men they have become.  And his wife would say of him, “Don always respected me.  He accepted me for who I am and never expected me to be any different.  There is no greater gift a husband can give a wife.”

Don Strickland was many things: son, brother, musician, soldier, student, skydiver, lawyer, partner, thespian, coach, sportsman, adventurer, friend, husband, father, but most of all, Don Strickland was beloved.


THEREFORE, BE IT RESOLVED, in a special memorial session on this 18
th day of March, 2022, that Donald Strickland’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

signed

Lee Ann Adams, President

Lynda M. Hood, Executive Director


Memorial to

Gregory Steven Treadway

As prepared and presented by Lee Ann Adams



I am here today to recognize Gregory Steven Treadway who passed away on August 28, 2021.

 

Born in Florence, Alabama on March 5, 1959, Gregg grew up in Martin, Tennessee. Equipped with only a high school diploma from Westview High School in Martin, Gregg became highly successful in the corporate world. He began his career working for Sam Walton who he admired and viewed as a mentor. For the next several decades, Gregg was a Fortune 500 business leader, corporate executive, real estate broker, professional speaker, and adjunct lecturer.

 

Not content with this corporate success, in 2006 Gregg decided to complete his bachelor’s degree and returned to the University of Memphis. He referred to himself as a late bloomer with regard to his education. However, once he got started back, he did not stop with just an undergraduate degree. He earned a master’s degree in Business Administration from the University of Tennessee Knoxville in 2008 and his law degree from the Nashville School of Law in 2010. 

 

After wrapping up his corporate career, Gregg started his legal practice in 2015. He practiced in Nashville and Chattanooga, focusing his practice on elder law, estate planning, probate, family law, and real estate. He was a member of the National Academy of Elder Law Attorneys and the Elder Law College.

 

Gregg's decades of experience in the corporate world positively impacted and influenced his legal practice. Reflecting on his legal practice, Gregg once stated "Being a good attorney involves understanding just as much about life as you do about the law. My clients get the benefit of all the lessons I've learned from the challenges life has tossed my way."


Gregg was a private pilot and when he was not working, he enjoyed flying over our nation's beautiful countryside with his wife, co-pilot, and best friend, Tami. In addition to Tami, Gregg is survived by his mother Bonnie Treadway; brother Vic Treadway and wife Mollie; daughter Ashley Calloway and husband Matt; and grandchildren Bella and McKenna Calloway. It is undoubtedly the legal profession's loss that Gregg’s legal career was cut short. 

 

THEREFORE, BE IT RESOLVED, in a special memorial session on this 18th day of March, 2022, that Gregory Treadway’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

signed

Lee Ann Adams, President

Lynda M. Hood, Executive Director


Memorial to

Johnny L. Woodruff

As prepared and presented by Chris Clem and Tom Horne


Johnny Woodruff passed away on November 27, 2021, after six years of significant health complications including a four-year battle with Parkinson’s Disease, a battle he fought with the same resolve and courage that made him an accomplished attorney, and with the same strong faith with which he lived all of his adult life.


Johnny grew up in Collegedale and in 1983 graduated from Southern Adventist University, where he met Lisa, his college sweetheart and wife of 38 years.  Johnny went on to co-own and operate Woodruff & Son Plumbing with his father.  In 1990, Johnny enrolled in Law School at the University of Memphis and received his law degree in 1994.   He began his 25-year legal career as an associate with an insurance defense firm in Memphis until moving back to Chattanooga in 1996 where he maintained a civil litigation practice including a solo practice, he opened in 2008.  In classic Johnny Woodruff style, he was not content with only a Tennessee law license, but was licensed and actively practiced in seven states and numerous Federal District Courts.


Johnny would often say that whenever he felt down or discouraged, he could always count on a simple trip to the courthouse to lift his spirits. He came alive when he was in the company of his legal colleagues and considered it the honor of a lifetime that he got to practice law and litigate.


Johnny was best known for his boisterous laugh, and his love of antiques, rock climbing, cowboy boots, physical fitness, history and debating. He loved to sing.  His deep, resonant baritone singing voice was unmistakable wherever and whenever he sang.  He was a member of First Presbyterian Church of Chattanooga where he and Lisa sang in the choir, and where Johnny served as a deacon and taught Sunday school for several years.


Johnny was a man of deep Christian faith which caused him to be a serious student of the Bible and a committed prayer warrior.  He would often call his Christian friends to discuss, and debate on, Christian theology and doctrine, always with the purpose of better living out his faith and being a better teacher of others.


Johnny was a committed husband to his wife Lisa and a proud father of his son Taylor. 


THEREFORE, BE IT RESOLVED, in a special memorial session on this 18
th day of March, 2022, that Johnny L. Woodruff’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

signed

Lee Ann Adams, President

Lynda M. Hood, Executive Director

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