
Elwood Thomas - A "Gentle Legal Giant"[1]
Elwood L. Thomas (1930-1995) left humble beginnings in Iowa to
become an esteemed and beloved law professor, widely respected
attorney and distinguished jurist in Missouri, over four decades
earning a reputation as one of the greatest legal minds in the
state. His life and dedication to the legal profession continue to
serve as an inspiration to lawyers, judges, and law professors
alike.
For an Inn of Court devoted to professionalism, ethics, and
mentoring, it was eminently fitting to choose Thomas as the Inn's
namesake at its founding in 2007.
A fellow Missouri jurist, once Thomas' student, said in
reflecting on his friend's legacy: "In an age when we could find
ourselves wondering what has happened to the bar's tradition of
professionalism, we need look no further for a model than Elwood
Thomas. … He respected and admired lawyers in general and the
profession of law. He was scrupulously honest in his dealing, loyal
to his colleagues and dignified in adversity. He did his utmost to
pass on these enduring qualities to a generation of Missouri
lawyers, who will miss him greatly."[2]
As one of his colleagues on the Court said in his eulogy of
Thomas, "For all of us, Elwood was a teacher. A gentle teacher.
Elwood knew that teaching is far more important than passing
information to another person. It is giving the soul; it is
exposing the heart; it is eyes lit with experience and words
colored with the excitement of seeing others take what is given for
a useful purpose deep within themselves."[3]
Career as lawyer, professor
Born in July 1930 in Council Bluffs, Iowa, as the son of a
minister, Thomas served in the United States Air Force during the
Korean War before returning home to Iowa.[4] He earned his bachelor of arts degree in 1954
from Simpson College in Indianola, Iowa, and his juris doctor in
1957 from Drake University Law School in Des Moines,[5] where he served as editor of the law review and
was elected to the Order of the Coif. He spent the next eight years
in the private practice of law in Sioux City and Webster City,
Iowa, leaving in 1965 to join the faculty of the University of
Missouri-Columbia School of Law.
During the next 13 years, Thomas established himself as the
"strongest and most loved teacher in the modern history of the law
school,"[6] among not only the students but his colleagues as
well. One of his colleagues recalled: "It is not an exaggeration to
say that he became a legendary teacher. … His students liked and
respected him because of the type of person he was. Elwood made an
important contribution by serving as a model of how to conduct
oneself as a lawyer and how to live a life. … He taught with energy
and enthusiasm. … He combined mastery of the subject with realism
and common sense."[7]
As another colleague remembered: "What was so impressive about
Elwood in the classroom was that his pedagogical brilliance
betrayed not a hint of the arrogance that infects the performance
of too many outstanding teachers. Even though Elwood demanded
excellence and was a rigorous grader, students were uniquely
attracted to him because their intuition told them correctly that
he was on their side and wanted them to succeed."[8]
Though it was thought "much of his heart" remained at the law
school,[9] Thomas returned to the practice of law in 1978 to
become a partner with the Kansas City firm Shook, Hardy &
Bacon.[10] Regarded as a leading authority on Missouri
civil trial law, Thomas' legal work at the firm included
representing plaintiffs in a case involving the July 1981 collapse
of two skywalks at a Kansas City hotel, which killed 114 people and
injured more than 200 others.[11]
Throughout his legal career, Thomas was known not only for his
keen intellect but also his gentle way with others. His colleagues
at both the law school and the law firm regularly sought his
counsel. "He was patient, open and fair with an uncanny knack for
lessening divisiveness and discord. … He held his views and argued
them persuasively but without antagonizing others."[12]
Thomas served on the Supreme Court of Missouri's committee on
civil jury instructions for 16 years, the last 10 as chair. Through
this work, "Elwood Thomas left an imprint on the development of law
in our state. An attorney's greatest skills are to take the most
complicated issues of law, distill them to their essence, and
translate them from legalese into words that every person on a jury
can understand and apply to do justice. It was at this task that an
expert in the law and a humanist like Elwood excelled."[13]
Thomas also twice chaired a task force for The Missouri Bar to
update Missouri Evidence Restated and served a dozen years on the
faculty of the National Judicial College in Reno, Nevada.[14]
Judicial service
When Thomas was selected as the 106th judge of the Supreme Court
of Missouri,[15] then-Judge Edward D. Robertson Jr. said, "This
is an appointment the lawyers of this state will applaud
unanimously. His scholarship and integrity are well known to so
many people. He is going to be universally acclaimed."[16] Shook, Hardy & Bacon's then-managing partner
Pat McLarney added, "He got this appointment because he is
recognized by almost every lawyer in the state as being the most
knowledgeable in Missouri law."[17] Upon his appointment, Thomas said he wanted to
work for "a system of justice in which the people will have
confidence and pride."[18] Thomas' remarks upon taking his oath of
office were reproduced by the Missouri Law Review at 61. Mo. L.
Rev. 7 (Winter 1996).
On the bench, Thomas was reunited with two of his former
students: then-Chief Justice John Holstein and then-Judge Ann
Covington.[19] When Thomas succumbed to Parkinson's disease
fewer than four years later, Holstein said, "Judge Thomas was a
leader in the judiciary and the legal profession of Missouri. He
made a tremendous contribution to the work of the Supreme Court and
we will greatly miss his wit and warm personality. He was a dear
and beloved colleague to every judge on the Court."[20]
Despite his short service on the Court, Thomas left behind an
indelible body of work. "A review of his opinions and discussions
with his colleagues on the bench again indicate Elwood's powerful
intellect and gentle leadership. … His opinions demonstrated a
lifetime of knowledge and wisdom gained from his love affair with
the law." [21] He "had an affection for the hard issues and
wrote pellucid opinions on tax, evidence, and jury instruction
matters."[22]
Judge Thomas' discussion of "but-for" and proximate causation in
Callahan v. Cardinal Glennon Hospital, 863 S.W.2d 852 (Mo.
banc 1993) is one example of his exceptional ability to bring
clarity to difficult and sometimes confusing areas of the law.
Reflecting on Thomas' judicial service, one of his former law
school colleagues said, "What set Elwood apart … was his uncanny
ability to translate extremely difficult and often arcane subject
matter … into language that law students and lawyers alike could
readily comprehend. … His articles and other scholarship not only
bristled with insight and clarity, they were immensely valuable to
both the theoretically inclined academy and the practicing bar
alike."[23]
Our Inn continues to honor Thomas because he was "an outstanding
and unique judicial talent" who "placed an irrevocable mark on
Missouri jurisprudence and the UMC Law School," and "a warm,
caring, compassionate and courageous friend" who made lives of
those he touched "so much better for having known him."[24]
[1] See, e.g., Timothy J. Heinsz, A Tribute to
Judge Elwood L. Thomas, 61 Mo. Law Rev. 1, 1 (Winter 1996)
(citation omitted).
[2] Lawrence G. Crahan, A Tribute to Judge Elwood L.
Thomas, 61 Mo. Law Rev. 1, 20 (Winter 1996).
[3] Edward D. Robertson Jr., A Tribute to Judge
Elwood L. Thomas, 61 Mo. Law Rev. 1, 15 (Winter 1996).
[4] Bob Watson, Missouri High Court Judge Dies,
Jefferson City News-Tribune, July 31, 1995.
[6] Grant S. Nelson, A Tribute to Judge Elwood L.
Thomas, 61 Mo. Law Rev. 1, 8 (Winter 1996).
[7] James E. Westbrook, A Tribute to Judge Elwood L.
Thomas, 61 Mo. Law Rev. 1, 7 (Winter 1996).
[8] Grant S. Nelson, A Tribute to Judge Elwood L.
Thomas, 61 Mo. Law Rev. 1, 8 (Winter 1996).
[9] Timothy J. Heinsz, A Tribute to Judge Elwood L.
Thomas, 61 Mo. Law Rev. 1, 2 (Winter 1996).
[11] The Associated Press, Thomas Sworn in to State's
High Court, Jefferson City Post-Tribune, Oct. 2, 1991.
[12] Timothy J. Heinsz, A Tribute to Judge Elwood L.
Thomas, 61 Mo. Law Rev. 1, 2 (Winter 1996).
[16] The Associated Press, Ex-MU Law Teacher Joins
Court, Columbia Daily Tribune, Sept. 5, 1991.
[17] Terry Ganey, Ashcroft Fills Bench: KC Lawyer,
Professor Joins Supreme Court, St. Louis Post-Dispatch, Sept. 6,
1991.
[18] The Associated Press, Thomas Sworn in to State's
High Court, Jefferson City Post-Tribune, Oct. 2, 1991.
[20] News Release, Elizabeth Ketcher, Supreme Court
of Missouri, (on file with the Supreme Court Library).
[21] Timothy J. Heinsz, A Tribute to Judge Elwood L.
Thomas, 61 Mo. Law Rev. 1, 3, 5 (Winter 1996).
[23] Grant S. Nelson, A Tribute to Judge Elwood L.
Thomas, 61 Mo. Law Rev. 1, 8 (Winter 1996).