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In memoriam: Judge C. Clyde Atkins, Samuel S. Smith.


The justice system lost two faithful servants recently with the passing of former Florida Bar presidents C. Clyde Atkins and Sam Smith. Both went well beyond the call of duty to our profession and the public we serve. I thought it appropriate to briefly remember them and their contributions in this space, with the hope that their examples might encourage our younger members to emulate their commitment to justice and to selfless service to others.

I was still in college when Judge Atkins was president of the Bar in the early 1960s. Like the judge, though, my father practiced law in Miami back then, and so I was aware of Mr. Atkins' stature within the legal community. Few were surprised when President Johnson named Mr. Atkins to preside over cases in the nation's busiest federal trial court, nor, I suspect, were they surprised when the judge placed principle and dedication to the law above popularity in announcing many decisions of the U.S. District Court for the Southern District of Florida.

Judge Atkins was probably best known for his opinions supporting freedom of expression and defending the homeless. He also drew national press by blocking the deportation of Haitian and Cuban refugees following the boatlifts of the early 1980s.

The judge's rulings in favor of the homeless stopped police from breaking up Miami encampments. With the agreement of city leaders, in 1992 Miami created "safe zones" where the homeless could stay without fear of arrest. His rulings became a model for other cities nationwide, and led to Miami's providing a number of services for the homeless, including housing, job training and other counseling. The rulings were not popular with some of those in political power, but the judge followed his sense of justice undeterred.

When he died at age 84 of colon cancer on March 11, he had more than 63 years of service to the bench and bar behind him. He is survived by his wife of 61 years, Esther Castillo Atkins; a daughter, Julie A. Landrigan; seven grandchildren and three great-grandchildren.

Samuel S. Smith

Like many others who had the pleasure of working with Sam Smith, I counted him among my closest friends. He was just one of those special people who liked everyone, who gave freely of himself for the benefit of others, whose dedication to our profession and to simply doing the next right thing shone through in all he did. One small demonstration of the way Sam was admired by those who worked with him came shortly after he was diagnosed with pancreatic cancer three years ago, when a staff member, knowing I was going to see Sam and Susan in Miami later in the week, asked me to deliver a large envelope to him. Inside was a homemade card signed by every employee who'd worked at the Bar in 1980-81, Sam's year as president. It said, "We're pulling for you, Sam!" The inscriptions inside spoke volumes about the way Sam treated everyone with whom he came in contact.

Sam's many professional contributions were noted in February when the Florida Bar Foundation bestowed upon him its Medal of Honor, the Foundation's highest award. In nominating Sam, partner Terry Russell wrote: "There are few lawyers who have demonstrated their dedication to the objectives of The Florida Bar more convincingly and unselfishly than Samuel S. Smith. Sam has a 30-year history of unswerving dedication to our profession, to the organized Bar, and to the public interest that is our primary responsibility Beginning with his presidency of his local bar association in 1971 and continuing with his presidency of The Florida Bar in 1981, the Florida Bar Foundation in 1989, and most recently his position as secretary of the American Bar Association, Sam has provided meaningful, thoughtful, creative and inspiring leadership to every organization of which he has been a part."

Sam also was instrumental in establishing Dade County's model guardianship program, and performing many other good works in his community As noted by the director of the guardianship program, "Whatever has had to be done, Sam has been there to do it."

Sam died March 13, at age 62. He is survived by his wife, children Jeffrey, Gary, and Lauren, and one grandchild.

Judge C. Clyde Atkins and Sam Smith were fine examples of the best qualities of our profession. They were dedicated to the truth, to justice, to service to their fellows.

We are poorer for their loss.
COPYRIGHT 1999 Florida Bar
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1999 Gale, Cengage Learning. All rights reserved.

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Article Details
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Author:Harkness, John F., Jr.
Publication:Florida Bar Journal
Article Type:Testimonial
Geographic Code:1U5FL
Date:May 1, 1999
Words:742
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