[Congressional Record Volume 167, Number 163 (Tuesday, September 21, 2021)]
[Senate]
[Pages S6582-S6583]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                       TRIBUTE TO BRENDAN O'NEILL

 Mr. COONS. Madam President, I rise today to honor a dedicated 
public servant of the First State, an attorney, community leader, and 
friend to many, who this summer concludes a distinguished legal career 
of more than 45 years.
  Attorney Brendan O'Neill of Wilmington, DE, wore many hats during his 
career: county and Federal prosecutor, a criminal defense lawyer in 
private practice, and chief public defender.
  Delaware is known as a State of neighbors, and when it comes to 
Brendan O'Neill, there is no better neighbor. Brendan was, for a 
decade, my actual next-door neighbor, and we even studied and took the 
Delaware bar exam together in 1992.
  Looking back on his long legal career, Brendan reminded his wife, Liz 
O'Neill, about all of the positions he has held over the years.
  ``I've had a very interesting professional life. It's been a lot of 
fun,'' Brendan said, adding as he often does, jokingly, ``I've done 
everything but make money.''
  Brendan has had a truly remarkable run. Before I offer some 
sentiments and well wishes from family and friends, it is only 
appropriate to chronicle his career.
  After graduating from the UC Davis School of Law in 1975, Brendan 
became a prosecutor in the Los Angeles County District Attorney's 
Office, transitioning later to a Federal prosecutor in the U.S. 
Attorney's Office there.
  Following those early years, Brendan started a criminal defense 
practice, O'Neill and Young, in Santa Monica, which overlooked 
beautiful Palisades Park and the iconic beach on Ocean Avenue. That 
practice, cofounded with his college friend, Wayne Young, operated from 
1979 to 1993.
  It was then, Liz said, that Brendan was ``deported from California'' 
to Delaware, where he landed a position as a lawyer in the civil 
division of the Delaware Department of Justice.
  In 1995, Brendan launched what would become a 26-year career in the 
Delaware Public Defender's Office. In May 2009, Governor Jack Markell 
tapped Brendan to be the chief public defender, a position of trust he 
fulfilled for 12 years.
  ``Brendan O'Neill was a fierce advocate for his clients and a key 
proponent for the right of all accused to have a competent defense,'' 
former Governor Markell said. ``His was one of the most important 
nominations I ever made, and I'm not the least bit surprised he is 
widely recognized as having been a highly effective public defender. 
Delaware is better for his service, and I am proud to be associated 
with this intelligent, joyful, passionate, and competent leader. I have 
no doubt he will continue to be a widely respected member of the 
Delaware community in retirement.''
  During his 12 years as Delaware's chief public defender, Brendan and 
his team overhauled the system for providing indigent criminal defense 
by creating the office of defense services, or ODS, which now includes 
the public defender's office and the office of conflicts counsel.
  Brendan implemented the practice of vertical representation statewide 
in all courts. Attorneys with ODS successfully challenged the 
constitutionality of Delaware's death penalty statute. He acquired 
additional office space for ODS's Kent County and Sussex County 
practices and increased the focus on holistic defense to address 
clients' ongoing needs and issues.
  On top of those accomplishments, ODS was voted as one of the best 
workplaces in Delaware for 10 consecutive years.
  Being a public defender is not an easy job. People outside of the 
legal profession often asked Brendan how he could represent folks who 
allegedly committed terrible crimes. Liz said that she was often 
curious about that herself, knowing the nature of his responsibility.
  Brendan generally responded, Liz said, by reminding folks that public 
defenders represent people who were accused of crimes and that the 
American legal system was founded on the presumption of innocence. 
Brendan often made the analogy that we don't want doctors who chastise 
us about how we got our medical condition. We want doctors who listen 
to us and help us with our problems.
  The same goes for lawyers. We want them to fight for us, Brendan 
said, and help us get the best possible outcome. He often has held that 
there is no greater pressure than representing an innocent person. As a 
defense attorney, the facts are often not on your side, so you do the 
best you can to put on your case.
  Brendan's career is full of people he has helped in very stressful 
situations,

[[Page S6583]]

facing potential consequences from losing their license, their freedom, 
or their life. His clients benefited from his nonjudgmental nature, 
generous heart, good humor, practical approach, understanding, and 
kindness.
  ``I can only count on one hand, the times when he couldn't see the 
good in his client,'' Liz said. ``In those cases, he always fought for 
someone close to them, a mother, wife, son, or daughter.''
  Despite the odds and the outcomes, Liz said, Brendan was consistently 
supportive of his clients, sometimes even providing them with practical 
things like Liz's favorite pair of sweatpants, which happened to be in 
the backseat of his car.
  He was a constant source of encouragement and positivity to many 
Delawareans, whether it was the father saying goodbye to his teenage 
son found guilty or the girlfriend of a drug dealer starting anew in 
the witness protection program. Brendan often stayed in touch with the 
family and friends of his clients long after the verdict came down.
  Brendan always fought hard for his clients, giving them and their 
loved ones his best shot. The courtroom was theater to Brendan, and he 
thrived on being prepared and at the top of his game.
  ``I remember many nights listening to a closing argument at the 
dining room table with a cardboard box as a podium and charts taped to 
the walls as he practiced his speech,'' Liz fondly remembered.
  Brendan is a person who respects everyone's role in the court system. 
He often would go out of his way to get to know the people who made it 
happen, including the bailiffs, court reporters, clerks, judges, and 
the ``other side,'' depending on his role as a prosecutor or a defense 
attorney.
  Many Delawareans don't know that Brendan had a thriving pro-bono 
practice over the years. He counseled countless teens, young adults, 
and their parents about legal problems, things such as DUIs, disorderly 
conduct, speeding tickets, etc. He was there to provide nonjudgmental 
guidance for legal issues and emotional support.
  Along with his pro-bono effort, Brendan volunteered innumerable hours 
over the years as a board member for organizations such as the Central 
YMCA, Catholic Charities, Salesianum School--and his current role as 
the chair of Autism Delaware, an organization close to his heart.
  Brendan is a person who embraces new beginnings. He looks forward in 
times of uncertainty, disappointment, success, and happiness and 
encourages others to do the same. There are so many examples, but the 
biggest one is leaving his California-based law practice, taking and 
passing the Delaware bar after 17 years of already being an attorney, 
and starting anew in Delaware.
  Besides all of the volunteer work and his impressive career as our 
top public defender, Brendan's hallmark is serving his clients, 
coworkers, friends, and family well. His five children--Brendan, Eamon, 
Brian, Claire, and Rainey--are paramount in his mind and life.
  If you are on his team, he is in your corner. Claire O'Neill Peabody, 
who interned at the public defender's office for a summer, wasn't 
exactly sure what her dad did there other than being the chief 
cheerleader, making the rounds every day, stopping by offices telling 
people what a great job they were doing. He is known for motivating 
both his employees and his family with famous one-liners and other 
inspiring words.
  ``Dad has a phrase, saying, or one-liner for just about every 
situation life can throw at you,'' Claire said. ``One of his many 
mantras is `Next play!' ''
  That one-liner, in particular, is one that he says to his kids all 
the time. ``While explaining it takes away from the one-liner magic,'' 
Claire said, ``I am pretty sure he wants us to take what we've learned 
from a previous experience but focus on the next thing in front of 
you.''
  Her dad's own ``next play'' will include a lot of play: golf and 
tennis, two of his favorite activities. ``He's earned it,'' Claire 
said. ``So good luck on your next play, Duner! Hit em straight!''
  Eamon O'Neill said one of his favorite things about his father is the 
ability to relish in the simple joys of life while they are happening. 
His dad does not need to lose something to appreciate it; he enjoys 
what he has while he has it.
  ``For as long as I can remember, he has encouraged me to do the 
same,'' Eamon said. ``Often, this happened as we were driving to one of 
the thousands of soccer practices my dad selflessly took me to over the 
years. As we were getting close to the field, he would remind me of how 
great and how much fun practice is and how lucky I was to be playing a 
game I loved with my friends.''
  This lesson did not always stick with Eamon as a teenager, but he 
thinks about it often as an adult. ``The ability to be present and 
grateful and enthusiastic during the small and routine moments of 
life,'' Eamon continued, ``is something I love about dad and try to 
emulate every day.''
  Brian O'Neill, who plays offensive tackle for the Minnesota Vikings, 
said, ``play hard, have fun'' is one of his dad's most famous quotes. 
``He has said this to us a few thousand times over the years. The 
message is simple--give your best and have fun while doing it.''
  Brian said that his father has lived and exemplified that quote every 
day of his professional and personal life. ``I know he gave his best--
to his cases, clients, coworkers, and colleagues,'' Brian said. ``I 
know damn well he also had so much fun along the ride. He always says 
if you love what you do, you'll never work a day in your life. If I can 
have half the fun he did in my career--I know I'll have a chance!''
  My family had the opportunity to get to know the O'Neills well. They 
lived next to us when we were in the Triangle Neighborhood in 
Wilmington. There was a fence between our yards, and we took that fence 
down; we were one big family.
  Brendan is truly the salt of the earth. He is smart, loyal, and kind. 
He is funny and always makes everyone in the room feel welcome.
  ``You want Brendan on your team,'' my wife Annie said. ``He takes 
everything in stride; he sticks by you. We love him, and he and his 
family fill our cup and our hearts!''
  For me, Brendan epitomizes what it means to be a good attorney, a 
good father, and a good friend--really the best of Delaware, an 
immeasurably decent and kind person.
  Along with so many in our State, Annie and I wish him and his family 
the best in retirement. To Brendan, as the old Irish blessing goes: 
``May good luck be your friend in whatever you do and may trouble be 
always a stranger to you.''
  For your extraordinary dedication to advancing justice in the State 
of Delaware, for all of the people whose lives you have positively 
impacted, and for the decades of service and sacrifice: Thank 
you.

                          ____________________