[Congressional Record (Bound Edition), Volume 149 (2003), Part 14] [Senate] [Pages 18522-18523] [From the U.S. Government Publishing Office, www.gpo.gov]HONORING THE LIFE OF CHESTERFIELD SMITH OF MIAMI, FLORIDA Mr. NELSON of Florida. Mr. President, I rise today to express sadness at the passing of a legendary Floridian. Yesterday evening, Chesterfield Smith, one of the Nation's great attorneys, passed away in Coral Gables. Recognized by many as the conscience of the legal profession, Chesterfield's accomplishments are almost too numerous to count. A World War II veteran, founder of one of the country's most prestigious law firms and an accomplished litigator, he dedicated himself to his family and his country. He is probably best known on the national scene for his tenure as president of the American Bar Association during the Watergate scandal. Following the dismissal of special prosecutor Archibald Cox, Chesterfield courageously stood up to the President of the United States, publicly calling on Congress to reestablish the Office of Special Prosecutor. Smith's brave and bold reminder that the ``No man is above the law'' altered the course of public debate during that difficult time. That bravery carried over to his private practice as well. Chesterfield believed in individual accomplishment and personal responsibility. A fierce civil rights advocate who opposed segregation in the Old South, he aggressively challenged the color barrier by making his law firm a model of diversity. Chesterfield always led by example, but also challenged others in his profession to get involved. He encouraged his colleagues to ``be somebody'' in their communities. His passion and commitment to bettering our society influenced an entire generation of attorneys. Supreme Court Justice Ginsberg described him perfectly when she said of Chesterfield, ``He has devoted his extraordinary talent and energy to the improvement of the legal profession, to making the profession more honorable, more responsive to the people law and lawyers serve. She went on, ``He is, in sum, among the brightest, boldest, [[Page 18523]] bravest, all-around most effective lawyers ever bred in Florida and the USA.'' I send my condolences to his family and friends on this sad day. His death is a grievous loss to the entire country. He will be greatly missed. I ask that an obituary chronicling Mr. Smith's life be printed in the Record. The obituary follows: Chesterfield Smith, International Law Firm Founder and Outspoken ABA President During Nixon-Era, Dies at 85 Smith's ``No Man is Above The Law'' Was Turning Point in Public Call to Investigate President Nixon Chesterfield Smith, 85, of Miami, one of the country's most prominent figures in modern law and often called ``the conscience of the legal profession,'' died today at Doctors Hospital in Coral Gables, Florida. Smith was the founder and chairman emeritus of Holland & Knight LLP, the country's eighth largest law firm. During his 55 year career, Smith was a major force in American law and politics, humbling the mightiest and giving a voice to the common. Smith served as president of the American Bar Association (ABA) from 1973-1974 and was best known as the daring leader who made the first public call to investigate President Richard M. Nixon during the Watergate scandal. His simple and direct rationale: ``No man is above the law'' appeared on the front page of major American newspapers following the infamous Watergate ``Saturday Night Massacre,'' October 20, 1973. America's Lawyer In a country that is cynical and, at times, even disdainful of lawyers, Chesterfield Smith maintained a positive vision of what lawyers could be, using his own success as an example. He believed that lawyers must have an ``unselfish involvement in essential public service'' and encouraged his colleagues to ``be somebody'' in their communities. The word restraint had no place in Smith's life. Known for his candid and sometimes brutally honest speeches, he loved nothing more than giving a rousing speech to stir up audiences. ``We are not a trade association. We are not a union,'' he once told a group of law students about the ABA. ``We are out to improve justice and its administration of society. If you don't intend to work to improve the quality of justice, then I hope you flunk your exams.'' Smith grew up in Arcadia, a small town in central Florida. He fought in World War II from 1940-1945, earning a Bronze star. He graduated from the University of Florida Law School in 1946. After graduation, Smith returned to Arcadia and soon joined the firm of Treadwell and Treadwell. A year and a half later, he joined the firm of Holland, Bevis and McRae in nearby Bartow. He made partner in record time by capably representing Florida's booming phosphate industry. His law firm subsequently engineered a merger with the prominent Tampa firm, Knight, Jones, Whitaker and Germany in 1968. The new firm became Holland & Knight, named for founders of both firms, and became a dominant firm in Florida. By 1965, Smith was fully immersed in the legal profession and state politics. He was elected president of the Florida Bar and chairman of the Florida Constitutional Revision Commission. In the late 1960's, his work on the Commission brought an end to the ``Pork Chop Gang,'' a group of powerful rural Florida legislators who, for years, controlled the state government by malapportionment. The Voice of the People Chesterfield Smith served as president of the ABA during one of the most turbulent and unsettling years in American politics, 1973-1974. In the midst of the Watergate scandal, Nixon and his advisors were convinced that they could avoid handing over the Oval Office tapes and fire special prosecutor Archibald Cox without public backlash. It would take Smith's words, ``No man is above the law'', a large voice from a significant source, to alter public discourse towards impeachment. Amid the Controversy, Smith publicly urged Congress to re- estblish the office of special prosecutor. Undaunted by wide criticism, he led the ABA in an effort to authorize an independent counsel to investigate President Nixon. Another former leader of the ABA, Leon Jaworski, was appointed. He vigorously prosecuted the case against Nixon, culminating in appeals to the Supreme Court. In the end, Nixon felt compelled to resign. Promoting Equal Justice for All Chesterfield Smith exhibited amazing clarity in a complex era in the 1960's. With this clarity came the courage and ability to recognize and embrace societal change. Unconcerned about the contrary opinions of others, he often spoke out against racial discrimination. And, despite growing up in the segregationist South Smith was one of the first to recruit minorities. Under his leadership, Holland & Knight became a model of diversity. Chesterfield Smith strongly believed in the responsibility of individuals to take action in the civic and charitable life of their communities. Today his firm is recognized for community service efforts and extensive pro-bono legal work. In 2002, Supreme Court Justice Ruth Bader Ginsberg presented Smith with the Laurie D. Zelon Pro Bono Award in a formal ceremony conducted in the Great Hall of the United States Supreme Court. During the ceremony Ginsburg, praised his life-long contributions to the legal profession and his leadership in creating a firm dedicated to public service. ``He has devoted his extraordinary talent and enormous energy to the improvement of the legal profession--to making the profession more honorable, more responsive to the people law and lawyers serve'' Ginsberg said. ``He is, in sum, among the brightest, boldest, bravest, all-around most effective lawyers ever bred in Florida and the USA.'' He is survived by his wife of 16 years, Jacqueline Allee, and two children, Chesterfield Jr. and daughter Rhoda Smith Kibler, both of Tallahassee, Florida. MESSAGES FROM THE PRESIDENT Messages from the President of the United States were communicated to the Senate by Ms. Evans, one of this secretaries. ____________________