by Jeffrey J. Hunt
With the recent passing of United States District Judge David K. Winder, members of the bar have been celebrating his life and legacy with countless courtroom stories, memories, and reflections of our interactions with this extraordinary judge and man.
As his friend and former law clerk, I mourn the loss of this humble, decent man while cherishing my memories of him and the valuable lessons he taught me and so many others about life and the law. As the Utah bar moves this year to mentor-based training for new lawyers, I can think of few better examples of a model mentor than Judge Winder.
Judge Winder was a mentor and role model to many, not only to his extended family of law clerks but to other lawyers, judges, and persons wholly unconnected to the legal field. Following are some reflections on my experience, which I know was shared by many others who had the good fortune to know Judge Winder.
When I first met him in 1986, Judge Winder had already secured his reputation as an accomplished trial lawyer, revered judge, and wonderful human being. I was a new reporter covering the federal court beat for one of the Salt Lake daily newspapers. I was told by my predecessor on the beat that Judge Winder was approachable, personable, and knowledgeable – all the qualities you looked for in a good source. So, I walked into his chambers – this was before the days of metal detectors and security doors – and introduced myself.
Of course, the first thing I noticed was the Norman Rockwell painting hanging directly behind his desk. It depicts a brave African-American girl being escorted to school by a phalanx of United States Marshalls in front of a wall scrawled with a racial epithet. Entitled “The Problem We All Live With,” the painting was inspired by a series of photographs of a young girl named Ruby Bridges integrating an elementary school in New Orleans in the 1960s.
The Rockwell painting makes a powerful statement about racial injustice and the redemptive power of the law. The fact that Judge Winder would hang this painting directly behind his desk made a powerful statement about him as well. This was someone I wanted to get to know.
So we started talking – this cub reporter and this federal judge – and we did not stop for nearly an hour. He didn’t know me. He did not know yet whether he could trust me. But, he took a chance on me. We talked about the federal court, the newspaper, any interesting cases he had, local politics. He also listened, which was unusual in my experience as a reporter. Typically, the important people I encountered on the job liked to hear themselves talk. Judge Winder was different. He was asking questions about me and what I thought.
It was Judge Winder who first kindled my interest in becoming a lawyer. He encouraged me to apply to law school and got me thinking of combining my experience as a journalist with a career in the law. Upon graduation, he offered me a clerkship in his chambers, which I gladly accepted.
As was the case with nearly all his law clerks, the year I spent clerking for Judge Winder had a profound effect on my legal career and my conception of what a lawyer could and should be.
I was awed by his legendary work ethic, which made me and my fellow clerk look like rank slackers. Because he typically started hearings at 8:00 a.m. each day, and sometimes earlier, I tried to arrive at the office at 7:30 a.m., which was difficult, as my wife and I were still adjusting to life (and no sleep) with our newborn baby. Judge Winder was always at the office when I arrived, so I started coming in at 7:00 a.m. He was already there. I arrived at 6:30 a.m. Already there. 6:00 a.m. There. As a matter of principle, I was not going to start my workday at 5:00 a.m., so I gave up.
The only time I did beat Judge Winder to chambers was when I pulled an all-nighter and scared the daylights out of him as he entered the office at some God-forsaken pre-dawn hour and found me sacked out on the chambers couch.
Over the course of that wonderful year, Judge Winder taught me the value of meticulous preparation in every case. He, of course, was a self-described “fanatic” about preparation, reading and rereading the briefs to simplify the issues and get to the heart of the matter. And while I do not start my workday at 6:00 a.m., the example that Judge Winder set is a constant reminder to me that the work we do deserves to be done well, and doing it well requires discipline and preparation.
Judge Winder also taught me about listening, civility, compassion, fair play, and genuine respect for all people who come in contact with the court, from clerks, bailiffs, court reporters, and security personnel to lawyers, clients, jurors, criminal defendants, victims, news reporters, and members of the public. He treated all with whom he came in contact with uncommon courtesy and respect.
Judge Winder recognized that as lawyers and judges, we hold positions of power and influence that can do harm as well as good. Always mindful of this power, he exercised it carefully and with genuine modesty and humility. He viewed the office of judge as a public trust, not a personal prerogative.
Finally, as any of his former law clerks will tell you, Judge Winder’s deep loyalty and attachment to courtroom staff has always extended to his law clerks, whom he treated like family. Clerking for Judge Winder was like a year-long college bull session with your favorite college roommate (co-clerk) and your favorite professor (Judge Winder). Law, politics, history, journalism, sports – no subject was off limits – and Judge Winder enjoyed kibitzing about all of them.
It has been said about great mentors that you learn more from watching them in action than from what they tell you. I learned a lot watching Judge Winder interact with lawyers, parties, jurors, court personnel, and members of the public. I carried those lessons with me when I left Judge Winder and joined the law firm where I still practice, and where I was fortunate to find excellent new mentors, such as Bruce Maak, to guide my development as a young lawyer. I continue to learn from them today. And while my faults as a lawyer and human being are many, I am certain that whatever potential I have realized so far is due largely to the influence of my mentors.
Judge Winder’s legacy will live on through the many lives of those he mentored, befriended, and touched, no matter how briefly. It is a legacy of judicial excellence, of personal integrity and compassion, and of uncommon courtesy and decency.
It is now our turn to pass along those values that Judge Winder exemplified so well as a lawyer, as a judge, and as a human being.