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AZAT120014-Udall.Pdf legends of the law Serving Client and Country 1922—1998 Morris Udall’s Arizona Roots By Donald W. Carson and James W. Johnson ORRIS K. UDALL oil lamps to light their nighttime sessions, LIKED to tell the story during which a frequent sentence was to of the lawyer-politician serve time in a chicken coop. At one point, intent on obtaining the a “Udall, Udall & Greer” shingle was endorsementM of an elderly, small-town posted by their bedroom door; friend editor. After an hour-long chat, the candi- Dick L. Greer later served as superior date heard the almost-magic words: “Son, court judge in Apache County. I like you and I think we’re going to Mo was drafted for limited military endorse you, but one thing first—I hope service in 1942 after two years at the you’re not one of those goddamned University of Arizona. In the Fort Douglas, lawyers.” The candidate hardly paused Utah, adjutant general’s office, he used the before responding: “Well, sir, yes, I am. legal knowledge acquired from his father, But if it helps, I’m not much of one.” plus basic shorthand skills, to work as an Mo Udall did not fit that description. investigator, primarily of base vehicle acci- Even before he won national fame—as one dents. After graduation from Officer of the 20th century’s leading environmen- Candidate School in Fargo, North Dakota, talists, as a major governmental reformer, Udall ended up as commander of a black as runner-up for the 1976 Democratic squadron at Lake Charles, Louisiana, and presidential nomination, and as a political again drew additional legal duty. humorist—he was a top-notch lawyer. He was 21 years old, the greenest of the Udall’s service in the U.S. House of green among second lieutenants. His Representatives spanned 30 years. It courtroom foes were experienced attor- began when he won a special election to neys. In one case, Udall, the grandson of a choose a successor to his brother, Stewart polygamist, successfully prosecuted a L. Udall, who had been named Secretary soldier for polygamy. Udall estimated that of the Interior by President John F. he handled 200 cases, winning all but two Kennedy. Mo Udall retired in 1991, the of them. One of his clients was convicted victim of Parkinson’s disease. That disease of murder and executed by firing squad. and a fall left him hospitalized and silent Mo later wrote brother Stewart: “There is until his death on December 12, 1998. something basically incongruous in taking Stewart, too, was a lawyer. He once a man’s life from him because he hasn’t said that both brothers stood on the been properly instructed in its use.” For shoulders of their father, Levi S. Udall. many years, Udall carried in his wallet a Levi learned the law through correspon- clipping about the death of his client. dence school, and he served as the supe- Udall tried to receive law college credit rior court judge in Apache County from for his military legal experience, but Dean 1930 to 1946 and on the Arizona J. Byron McCormick of the University of Supreme Court from 1946 until his 1960 Arizona Law College turned him down, death. It was Levi Udall who wrote the stating that, like anyone else, Udall was 1948 opinion that gave the right to vote eligible for admission with a minimum of to Native Americans in Arizona. two years of college and a C average. Udall Mo’s love and respect for the law began enrolled in fall 1946. It was Arizona’s only in his native St. Johns, when he and law school, and he joined an all-star class Stewart watched their father preside over that included Robert W. Pickrell, a court trials and then set up their own kids’ Republican, who became a superior court court in the family garage. They used coal- judge and attorney general; Raul H. This article was adapted from the book Mo: The Life and Times of Morris K. Udall, to be released by the University of Arizona Press in February 2001. COURTESY OFTUCSON, AZ THE COURTESY MORRIS K. FOUNDATION, UDALL DECEMBER 2000 ARIZONA ATTORNEY 13 Castro, a Democrat, who later succeeded the city’s first self-service gas station, for 13 years, supporting a wife and two Udall as county attorney and went on to arguing that drunken drivers would be children on the income. It was a sweet serve as a superior court judge, governor, unable to pump their own gas and that victory for Mo, who had cut the family and U.S. ambassador to El Salvador, employees might fail to look for smokers hair and had operated his own below- Bolivia, and Argentina; Samuel P. in incoming cars. scale university barbershop to help finance Goddard, a Democrat, who served one They won $16,000 for a Winkelman his education. term as governor; Robert O. Lesher, who miner who lost an eye to a tear-gas pellet Mo subsequently joined the Pima served as a state Supreme Court justice; when a Gila County deputy broke up a County attorney’s office part time to pros- and Estes D. “Bud” McBryde, who served fight among World War II veterans. The ecute grand jury indictments against a as a superior court judge. Lesher and Udall unknowing defense attorney opened the former county attorney and a former ranked first and second in the class of 45 door to defeat when he questioned sheriff. He ended up with hung juries in members, but Morris took a hurried whether the plaintiff’s attorneys even knew cases that involved allegations of a prosti- schedule, finishing in time to take the bar the value of an eye. Morris, who lost his tute’s $50 and $200 bribes. in January 1949. He finished first among right eye in a childhood accident, gave the When his boss, Robert D. Morrison, 25 applicants; Lesher took the exam in July closing argument and removed his artificial decided to run for attorney general, Udall and placed first among 60. eye to show the jury that he did, indeed, easily won election to replace him as county Udall earned six units through the understand the worth of an eye. attorney. He sought to create a first-rate University of Denver to complete the They won a price-fixing case against the staff and then allowed them the freedom to requirements for the UA law degree so State Board of Barber Examiners, which act independently. His deputies included that he could play a season with the Denver had tried to shut down the one-chair shop Charles E. Ares, who had been a clerk for Nuggets, then part of the two-year-old operated by one-legged Charlie Love. U.S. Supreme Court Justice William O. National Basketball League. He joined Love was an Osage Indian who had been Douglas and who later served as dean of the brother Stewart in his Tucson law practice working without a state license and who UA Law College; Alfredo C. Marquez, at the end of the 1948-1949 season. charged 50 cents rather than the state- who later was named a U.S. district court Together, Stewart and Morris took any mandated $1. The 52-year-old man was judge; and Morrison holdovers Raul Castro case that came along. illiterate and unable even to take the state and Mary Anne Reimann Richey, who They represented Tucson-area service test. He had been a barber since the age went on to serve as a superior court judge station operators in an effort to shut off of 16 and had been cutting hair in Tucson and a U.S. district court judge. 14 ARIZONA ATTORNEY DECEMBER 2000 Udall carried his own caseload, and early judges, taking a look at this relatively on he learned the value of a bit of humor. young whippersnapper lawyer, said, “Mr. “One of the first cases I prosecuted Udall, are those folks of St. Johns familiar involved a man accused of drunk driving,” [with the maxim]?” “Indeed they are,” he wrote in his book Too Funny To Be Udall replied. “They speak of little else.” President. “The defendant surprised me by After one term as county attorney, Udall hauling in five of his drinking buddies to decided to seek a superior court judgeship. attest to his sobriety on the night in ques- He was thought to be a shoo-in, but he tion. In my summation, I told the jury that finished third in the Democratic primary, a the defense’s argument reminded me of situation most people blamed on a voting the bartender who shoved the last five machine order that virtually hid his name patrons out the door at closing time. When from potential voters. the group reached their car, the leader Stewart was elected to the House of turned to one of the men and said, Representatives in that same 1954 election. ‘Simpson, you drive, you’re too drunk to Mo returned to private practice and taught sing.’” He won the case, won praise from a class in labor law at the university. The young congressman meets President the judge for his humor, and, “from that “I got to where I was getting recogni- John F. Kennedy in 1962. moment on, I began to collect funny tion as one of the good personal injury stories and use them regularly in opening people in the Southwest,” he told injured in a vehicle accident. Her husband and closing arguments.” McNulty in an Arizona Bar Foundation used some of the money to open a hard- Tucson attorney James F.
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