Spring 2017 Spring 2017 Gavel-low res | Page 13

Goodbye Judge Bright – You Really Lived By Rebecca S. Thiem Law Clerk to the Honorable Myron H. Bright,1980-1981 When Judge Myron Bright died at the age of 97 on December 12, 2016, we lost not only a great man, but a good man who lived every day with tireless exuberance, despite the physical and other obstacles he faced. Judge Bright epitomized what Randall Wallace said in the movie “Brave Heart,” “Every man dies; not every man really lives.” In 2014, Judge Bright completed and published his autobiography titled, “Goodbye Mike, Hello Judge.” The title suggests he gave up being “Mike” when he took the bench. That is far from the case. He remained the personable and engaged “Mike” that everyone knew. While he was no longer a trial lawyer or a political activist, Judge Bright did not abandon his lawyer friends or the cause of social justice. His exhausting social life included his extended family of more than 100 law clerks. If he called, you answered. Only two weeks before he died, Judge Bright invited former clerks to lunch at the Fargo Country Club. The topic was world events and politics, not his health issues. Hospice meant something different to Judge Bright. Before Judge Bright was nominated to the Eighth Circuit Court of Appeals in 1968, he was a Fargo trial attorney for 21 years. Judge Bright told the story of when he was interviewing with Vogel Law Firm, and he volunteered he was Jewish. The answer he received was, “What difference does that make?” He was glad to hear that response, because a previous firm had said his religion could pose a problem for its clients. Judge Bright grew up on the Iron Range as a son of Jewish immigrants and attended the University of Minnesota for his undergraduate degree. After serving in the U.S. Army Corps in World War II, he attended law school at the University of Minnesota. When he joined the Fargo law firm, North Dakota became his home. He and his wife, Fritzie, became political activists, instrumental in the election of Quentin Burdick to the House and the Senate. A highlight of his autobiography is the drama surrounding the Judge’s invitation to Senator John F. Kennedy to stump for Burdick. Judge Bright never fully retired, sitting on his last panel in September 2016. During his time as the longest serving Eighth Circuit Judge, Judge Bright authored historic opinions in the areas of civil rights and employment discrimination, which earned him the SBAND Liberty Bell Award and the Robert Feder Humanitarian of the Year award from Temple Beth El in Fargo. Judge Bright was the author of numerous separate opinions (dissenting and concurring) about his concerns with the mandatory federal sentencing guidelines. He famously closed one of his opinions with the question, “Is anyone out there listening?” Eventually, the United States Supreme Court heard him. At his funeral, Judge Bright’s life was celebrated as he lived, on his terms and as he instructed. His funeral was preplanned by him down to the brass ensemble that played jazz from the 1940s. A few weeks before he died, he told Elise Larson, his last law clerk, that she was going to speak at his funeral. Judge Bright also decided the content of her speech, sentencing reform and Native American issues. She did as instructed and delivered the Judge’s final dissent, highlighting the injustices he saw in the world. The service ended as planned, with a rousing sing-along of “America the Beautiful” led by Larson and a 21 gun salute. Judge Bright made a difference in my life and the lives of everyone he touched. He was my mentor and friend for almost 40 years. He was my hero because he advocated for every person to be treated equally and with justice under the law. Judge Bright taught us, “We are never too old to challenge our assumptions, to look at the world with a sense of wonder and hope. Never too old to try to make a difference.” (Editor’s Opinion, The Forum, December 13, 2016.) Judge Bright always gave special recognition to the North Dakota lawyers appearing before him. He bragged they were as good as any lawyers in the country and reminded me I was fortunate to practice in North Dakota. Judge Bright enjoyed making presentations on trial and appellate practice to the North Dakota Bar. It was a special treat when he and his friend Irving Younger accepted the CLE Committee’s invitation. Judge Bright’s adopted law school is the University of North Dakota School of Law, where he regularly appeared as a Jurist in Residence. His significant legal memorabilia now resides in the reading room dedicated to him and Fritzie. SPRING 2017 13