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
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