Vol. 77, No. 4, April
2004
Pride in Our Nonresident Colleagues
The State Bar of Wisconsin has many reasons to be proud, not the
least of which are the accomplishments of its more than 6,500
nonresident members.
by George Burnett
The State Bar of Wisconsin is again at the forefront of
state bar associations. No other bar association has a division devoted
exclusively to the interests of nonresident lawyers.
Of the 21,000 State Bar members, more than 6,500 reside and practice
outside Wisconsin. Some left this state very early in their careers,
while others moved from Wisconsin much later in life.
The accomplishments of our nonresident lawyers are sometimes
overlooked in this state, principally because of geography. These
members have become judges, prosecutors, and lawyers accomplished in
every aspect of public and private practice. There are hundreds of
nonresident lawyers who, having achieved much in this profession, would
be representative of the Nonresident Lawyers Division. Nevertheless,
there are two who are especially appropriate to cite as examples of the
prominence our colleagues have achieved. They are lawyers who enjoyed
very different careers and, although they are close in age, it is
doubtful that their professional paths ever crossed.
John Frank was born a lawyer's son in Appleton. He left the
then-small Fox Valley community to obtain his bachelor's and law degrees
from the University of Wisconsin. Frank served as a law clerk for
Supreme Court Justice Hugo Black during World War II and spent eight
years teaching law at Indiana University and at Yale. Leaving academia,
he entered private practice. He is best remembered for his significant
pro bono contributions, accomplished appellate advocacy, and
participation in monumental cases in the development of the law. He
advised Thurgood Marshall and the NAACP Legal Defense Fund in Brown
v. Board of Education. He served as lead counsel in Miranda v.
Arizona, the famous criminal case that still inspires debate and is
the subject of interpretation in U.S. Supreme Court cases today.
John Frank died in Phoenix, Ariz., approximately 18 months ago. The
New York Times noted his passing in a lengthy obituary and he
was eulogized in several law journals across the country. The Ninth
Circuit recently established a lifetime service award in his memory. One
colleague summarized his life:
"John had a white-hot intellect, ... but he was infinitely more than
brilliant. John was unique, perhaps nationally unique - a giant of a
mind, posing as country lawyer. His hallmark was a multi-faceted
personal style: first and foremost that of family man, but also that of
gracious host, appeals expert, opera buff, craps player, prolific
author, world traveler, Lincoln authority, fun-loving soul, creator of
ritual - and friend of true character."
Dick O'Melia was born in Rhinelander. He too was a lawyer's son and
the heir to a legendary legal name in Northern Wisconsin. I had the
privilege of sitting next to Dick O'Melia during a recent dinner, and
have rarely met a more engaging, gracious, or plainspoken man. He
graduated from the University of Notre Dame in 1939, served as a fighter
pilot in World War II, and obtained his law degree from Marquette
University in 1948. He bypassed joining his brothers, Don, a past State
Bar president, and John in practice in Rhinelander, instead opening an
office in Milwaukee. He later served as a Milwaukee assistant city
attorney, leaving that post in 1953 to join Sen. Joseph McCarthy as
general counsel for the U.S. Senate Operations Committee. O'Melia worked
with Robert Kennedy as one of McCarthy's chief advisors.
O'Melia's government service has been extensive. He served as
assistant general counsel to the Civil Aeronautics Board, as the deputy
director of the Bureau of International Affairs, and as the director of
the Bureau of Enforcement for the Civil Aeronautics Board, of which he
became a member by presidential appointment in 1973, vice chair in 1975,
and chair in 1976. His papers are collected at the Hesburg Library at
the University of Notre Dame.
Dick O'Melia's twin brother, Don, when State Bar president, appointed
Dick as liaison officer for the State Bar in Washington, D.C., before a
nonresident lawyers division was formed. O'Melia says he was appointed
because of his good looks, but more likely it was because he believed
that nonresident lawyers deserve a strong voice in this organization,
given the fact that they comprise such a large component of our
membership. He worked actively, along with a handful of others, in
starting our Bar's Nonresident Lawyers Division.
O'Melia left Milwaukee for Washington, D.C., planning to return to
Wisconsin in a year. He notes that it is now 50 years later and he is
still there. When I asked him recently why he had remained a member of
our Bar association for better than half a century, he told me plainly
that our Bar has a long and proud tradition and membership gave him
closer ties to home. I expect that he spoke for many of our nonresident
members in his explanation.
John Frank and Dick O'Melia took very different paths in their
careers. They share, however, three qualities. Each exemplifies a
professional life well lived; each observed and made U.S. history
firsthand, history that is still the subject of much discussion and
controversy today; and each has held membership as a nonresident lawyer
in the State Bar of Wisconsin. The State Bar of Wisconsin has much to be
proud of, especially the accomplishments of its 6,500 nonresident
members.
For more
information about the Nonresident Lawyers Division, or to locate a
chapter in your area, please see the 2004 Wisconsin Lawyer
Directory, page 641.
Wisconsin
Lawyer
