January 14, 2010

The Alaimo Way: Georgia Federal Judge One of the Greats

judge%20alaimo.jpg I have written often in the past about Judge Anthony Alaimo, a United States District Judge for the Southern District of Georgia, who the Georgia Trial Lawyers Association honored with its first Anthony Alaimo Guardian of Justice Award last year. Judge Alaimo passed at the end of 2009. Put simply, there will never be another person like him. Below is a column that appeared in the Augusta Chronicle about this Great American. The Alaimo way Groundbreaking federal judge set a gold standard for the bench Augusta Chronicle Editorial Staff Wednesday, January 13, 2010 U.S. District Court Judge Anthony Alaimo wasn't some judge who delivered generic up-or-down decisions from an unfeeling bench. He helped shape the very culture of the legal profession and the judiciary in Georgia. If you heard the man's life described, you almost would think you were hearing the plot of a movie. In a way, you would - more about that in a bit. When Alaimo died Dec. 30 at age 89, Georgia lost perhaps its most eminently fair jurist. Atlanta civil rights attorney Robert Cullen, who had argued many cases before Alaimo, described the judge in later years as "something of a folk hero in the white and the black communities. He was an extraordinary jurist who did extraordinary things." How powerful is Alaimo's legacy? When the Georgia Trial Lawyers Association created its Award for Judicial Excellence in 2008, it not only gave the very first award to Alaimo, they named the award in his honor. At that first ceremony, Augusta attorney John C. Bell Jr. summed up the high points of Alaimo's career as "shining examples for the bench, the bar and for every soul lucky enough to claim that title 'citizen of the United States of America.' " Alaimo came to America as a toddler in 1922 with his Sicilian immigrant parents, and in Jamestown, N.Y., he grew into a young man who embraced hard work and solid moral values. He cut hair and shined shoes to help put himself through college. And like many patriotic young men of the Greatest Generation, he served his country in World War II, as a B-26 bomber pilot. We mentioned a movie plot before. Alaimo was the only member of his flight crew to survive when his plane was shot down in 1943. While imprisoned by the Germans, he helped fellow prisoners tunnel to freedom in a daring breakout that was immortalized in the 1963 film The Great Escape. He engineered his own great escape from another prison camp in 1945. After graduating from Emory University with a law degree in 1948, he practiced with distinction in Atlanta and Brunswick. But it wasn't until after he was confirmed for the federal bench in 1971 that he began striking his greatest blows for fairness and equality. Perhaps his best-known decision was in the historic 1972 Guthrie v. Evans case, which spurred sweeping prison reforms, starting with the then-notoriously corrupt, rat-infested, sewage-swamped Georgia State Prison at Reidsville. His decisions dramatically improved the security, safety and basic privileges of prisoners. Closer to Augusta was the landmark Rogers v. Lodge case in 1982, which confronted election procedures that Alaimo found were unfairly diluting minority voting strength in Burke County - a decision reaffirmed by the U.S. Supreme Court. He served as the Southern District of Georgia's chief federal judge from 1976 to 1990, assuming senior judge status the following year. And through it all, he set a pace and a tone in the legal community that stressed decorum, respect and, above all, justice. Augusta attorney David Hudson counts himself among the fortunate who began practicing in front of Alaimo. "We were expected to be professional, courteous and prepared," he said. "He was a marvelous mentor to all of us who learned to try cases the Alaimo way." Sadly, the "Alaimo way" can no longer be witnessed firsthand, only hopefully emulated by others. This fine judge truly will be missed. From the Wednesday, January 13, 2010 edition of the Augusta Chronicle
October 12, 2009

Thomas E. Magill: A True Friend

A week ago tonight one of my dear friends passed from this earth. Thomas E. Magill was my close friend and I am saddened at his death. Tom was a defense attorney, and so we were often adversaries with Tom defending many of the cases I filed on behalf of my clients. We even had tried a wrongful death case against each other. It is through that framework of being opponents that we became the closest of friends. The fact that we became such good friends even though we were typically on the opposite sides of cases is a testament to the professionalism in the law, that two opposing counsel do not have to take anything said or done in the heat of the battle personally, but can do their jobs on behalf of their respective clients, seek justice on behalf of their clients and still come out of that battle with the deepest respect for one another. That is one thing that makes the legal profession so noble and unlike any other profession on Earth. It is also a testament to my friend, Tom Magill. The world was a better place with Tom in it. I will miss him dearly.

MAGILL, Thomas E. THOMAS E. MAGILL Tom Magill died with grace and serenity on Monday, October 5, 2009. He was a loving and beloved husband and father, a respected attorney, a faithful servant of God, and a loyal and trustworthy friend to many. He will be remembered with joy and will be sorely missed by the many whose lives he touched so deeply. Tom was born in Washington, D.C., on July 13, 1953, and moved to Birmingham, Michigan in early childhood. He graduated from University of Detroit High, Kalamazoo College, and Tulane University School of Law, and he maintained lifelong friendships with classmates from each school. He moved to Atlanta in 1978. He then joined the firm of Carter, Ansley, Smith and McLendon and in 1996 formed his current firm, Magill and Atkinson. He was also an experienced mediator with Henning and Associates. Tom was an avid golfer and cherished his time on the course at Druid Hills Golf Club. Tom was an active and faithful servant of the Lord at the Cathedral of Christ the King, and he loved his many dear friends there. Tom is survived by his beloved wife of nearly 26 years, Dr. Carol Brock, and the three children he delighted in, Jenny, Connor, and Chris. He is also survived by his sister Ann (Richard) Nahigian of Fresno, California; brothers Douglas (Karen) Magill of Solon, Ohio, Robert F. (Carol) Magill, Jr., of Dexter, Michigan; nieces Emily (Dane) Wildey, Ann-Marie (Danny) Kraft, Katie Magill, Krista Magill, Kirstie Brock, and Jodie Cunnington; nephews, Douglas A. Magill, Jr., Brian Magill, Marc Magill, Michael Magill, Sean Magill, and Brock Cline; great-nieces Claire Wildey and Martha Lee Brock Shepherd; great-nephews, Stone Wildey, Colson Kraft and Oscar Duke Shepherd; and many cousins. Tom was preceded in death by his parents, Robert F. and Aileen (O'Connor) Magill. Tom and his family are forever grateful for the love and support shown by their family, friends and fellow survivors over the past three years, since the beginning of his journey as a multiple cancer survivor. Family will be receiving friends Thursday, October 8 from 6 to 9PM, with the rosary at 8PM, at H.M. Patterson and Son, Spring Hill Chapel. The funeral service will be held Friday, October 9 at 10AM at Cathedral of Christ the King. A private burial will be held at Honey Creek Woodlands at the Monastery of the Holy Spirit. In lieu of flowers, donations may be made to Winship Cancer Institute at Emory University, American Cancer Society , Kidney Cancer Association, Support for People with Oral and Head and Neck Cancer, the Cathedral of Christ the King, or to the charity of your choice.