[Congressional Record Volume 142, Number 104 (Tuesday, July 16, 1996)]
[Senate]
[Page S7882]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     TRIBUTE TO JUDGE JOSEPH PHELPS

  Mr. HEFLIN. Mr. President, we were deeply saddened recently by the 
death of one of Alabama's most distinguished jurists, former Judge 
Joseph Phelps. He had only retired in January 1995 after serving as 
Montgomery County Circuit Judge for 18 years. During his long tenure as 
a circuit judge, he earned a reputation for being thorough, fair-
minded, and tough, all hallmarks of an outstanding jurist. After 
retiring from the bench, he still handled an expedited docket. He also 
spent time at his farm and doing volunteer work.
  Judge Phelps was an outstanding leader in Alabama's judicial reform 
movement in the 1970's. His leadership in securing support for the 
passage of the judicial article and its implementing legislation was 
significant. He played a pivotal role in the educational effort of 
getting judges and lawyers, court clerks, registrars, and all court-
related personnel to understand the new system. His planning, 
explanation, and leadership brought about a smooth transition from the 
old antiquated system to the new one. Alabama will always be indebted 
to him for his many contributions to a vastly improved judicial system.
  Judge Phelps was appointed as a special circuit judge in 1976, then 
elected in his own right later that year. Prior to that, he helped 
found law awareness programs in Montgomery schools and served as dean 
of the Jones School of Law from 1968 to 1972. A 1958 graduate of the 
University of Alabama School of Law, Judge Phelps served as an 
assistant attorney general from 1958 to 1961, as an assistant city 
attorney from 1969 to 1973, and as acting dean of the State's judicial 
college from 1978 to 1979.
  As one writer said so well of Joe Phelps, ``It speaks volumes of this 
man that even though he was a successful lawyer and a highly respected 
circuit judge, he will be remembered--and missed--for the great good he 
did for his community and State. He was one of Montgomery's greatest 
natural resources.'' He was active in several organizations, including 
Strategies to Elevate People, Success by Six, and the YMCA. In 1990, 
the Alabama State Bar Association bestowed its highest honor on him 
when it awarded him the Judicial Award of Merit.
  Judge Joe Phelps will long be remembered for his love, faith, 
commitment, and fairness. He will also go down as one of the best 
circuit judges to ever serve in Alabama. I extend my sincerest 
condolences to his wife, Peggy Black Phelps, and their entire family in 
the wake of this tremendous loss.
  I ask unanimous consent that a Montgomery Advertiser article on Judge 
Phelps be printed in the Record at this point.
  There being no objection, the article was ordered to be printed in 
the Record, as follows:

            [From the Montgomery Advertiser, June 25, 1996]

                Phelps' Love, Faith Stressed by Speakers

                            (By Matt Smith)

       Retired Circuit Judge Joseph Phelps passed through the 
     doors of Trinity Presbyterian Church for the last time 
     Monday, past an overflow crowd of family, friends and 
     colleagues.
       They came to pay last respects to the 61-year-old judge, 
     eulogized as a man who translated his deep faith into 
     community service outside the courtroom. He died Saturday at 
     61, when his 1991 Oldsmobile ran off Woodley Spur Road and 
     overturned. He had retired less than 18 months before the 
     accident.
       ``Joe Phelps was an embodiment of love for God and love for 
     his fellow human beings,'' said the Rev. Curt McDaniel, 
     pastor of the Garden District church where Judge Phelps had 
     been a member for 51 years. His body left the church in a 
     simple, pine coffin adorned by flowers from the farm he kept 
     in south Montgomery County, where he hunted and invited 
     friends each Thanksgiving for a holiday breakfast.
       ``Joe was a community leader, first of all,'' said Bill 
     Chandler, director of Montgomery's YMCAs. When Mr. Chandler 
     arrived in Montgomery in 1948, the future judge was one of 
     the first to join the Y.
       ``One of his characteristics was he got other people to 
     become involved in community activities who wouldn't 
     otherwise have been involved in those activities,'' Mr. 
     Chandler said. ``He found a way to get others to give their 
     time, multiplying their effect.''
       The flag outside the Montgomery County Courthouse flew at 
     half staff Monday. County commissioners canceled their Monday 
     meeting to attend the funeral. Family, friends, courthouse 
     regulars and local dignitaries filled Trinity Presbyterian 
     Church to capacity and then some. Mourners unable to find a 
     seat in Trinity's sanctuary stood in hallways and back rooms, 
     listening to the service via remote speakers.
       The Rev. Dr. McDaniel was joined by two other ministers: 
     the Rev. John Ed Mathison of Frazer United Methodist and the 
     Rev. Jay Wolf of First Baptist Church. Both had served with 
     him in numerous volunteer endeavors.
       His efforts off the bench included positions on the YMCA's 
     Metro board of directors; to helping found the Success by Six 
     and STEP (Strategies to Elevate People) programs; working 
     with the Fellowship of Christian Athletes, Leadership 
     Montgomery, the Youth Legislature and the Capital City Boy's 
     Club.
       Judge Phelps graduated from the University of Alabama Law 
     School in 1958 and returned to Montgomery, where he had 
     graduated from Sidney Lanier High School. In 1976, after an 
     extensive career in private practice, county voters made him 
     a circuit judge.
       He held that post until his third term ended in 1995. In 
     1990, the Alabama State Bar Association bestowed its highest 
     honor, the Judicial Award of Merit, on him. Even after 
     retirement, he handled an expedited docket for the circuit 
     until a few months ago.
       ``He gave most defendants an opportunity for light 
     treatment on a first offense,'' said John Hartley, who worked 
     as a public defender in Judge Phelps' third-floor courtroom 
     for more than three years.
       Judge Phelps was buried in Greenwood Cemetery after Monday 
     morning's services. He is survived by his wife, Peggy Black 
     Phelps; and two daughters, Margaret Romanowski of Montgomery 
     and Julia Phelps Lash of Birmingham.

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