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In Memoriam: illiam CoffeyIn February, while prosecuting a case beforethe State Judicial Commission, William Cof-fey {'61j, died of a heart attack. If only forhis frequent contributions as a lecturer, intrial advocacy and in our clinical programs,his loss would be sorely felt. But, as hisfriends and colleagues suggest in the follow-ing notes, Bill had a far greater impact onthe profession. He was a role-model, anindividual that lawyers could look up to andstrive to emulate. All who knew him, orknew of him, are saddened by his loss.

Richard Kenyon,The Milwaukee JournalNear the end of the 1983 federal trial ofFrank Balistrieri and six other defen-dants, defense attorney William Coffeyslouched in his chair and lowered hisreading glasses. He seemed so relaxedthat he appeared only half-interested inthe proceedings.

Coffey was representing restaurateurPeter Picciurro, who faced five counts ofsports betting.

When Coffey's turn came for closingarguments, he gracefully lifted his tall,athletic frame from the defense table andbegan working the courtroom, dominat-ing it like Laurence Olivier would a stageor Larry Bird a basketball court. He hada way. He could massage or decimate awitness, put a jury into the palm of hishands, and terrify prosecutors.

He moved slowly and quietly, took along sip of water, glanced at the jury andthen took his place before the jury. Then,boom, he bellowed that the governmentwould "grind Peter Picciurro up and spithim out because he's in their way andthey want Frank Balistrieri,"

Picciurro was the only defendantacquitted on all counts.

Like others who are the best at whatthey do, Bill Coffey saw a criminal trialin slow motion. He was aware of the sub-tleties and nuances of the drama beforeanyone else. Without knowing why, youwere drawn to him. He had a rare pres-ence, a special touch. He was the centerof attention without trying to be.

When Coffey died of a heart attack in

Madison at 55, many of those who knewhim well realized how true this wasabout the man, outside the courtroom aswell as in it. Fellow criminal defenseattorneys, judges and this reporter, allfriends, grieved when they learned ofCoffey's death. They cried when theyspoke of him.

"I didn't really think about it until Billdied," Circuit Judge Gary Gerlach said,"but I always felt more comfortable justknowing Bill was around."

He meant it in terms of friendship aswell as law. Others said similar things.Coffey gave so much that was right andnoble to both his friends and the law thatfriends could not imagine him gone.

More than 400 people came to HolyRosary Church for funeral services.Attending were lawyers, state and federajudges, former clients, civil rights activ-ists and anti-war protesters from the1960s, all people whose lives Coffeytouched.

The service was simple, without trib-utes from friends or family. Coffey issurvived by his wife, Nancy; two sons,Michael of Milwaukee and Patrick of Chi-cago; and two daughters, Peggyof Madi-son and Jane of Shorewood.

For more than 20 years, Coffey wasone of the most influential law figures inWisconsin. Every directory of the bestlawyers in the nation listed him.

His clients included those of the ex-pected sort, such as those accused ofmurders, robberies, drug crimes, involve-ment in organized crime. But in recentyears his practice was almost exclusivelyin Federal Court on white-collar crimecases-conspiracies, corruption andfraud. He also was hired by the Univer-sity of Wisconsin-Madison to investigatealleged violations of National CollegiateAthletic Association rules severalyears ago.

According to Dennis Coffey, Bill'sbrother, law partner and friend, amongBill's fondest cases were those from the1960s,particularly those involving thelate civil rights activist James Groppi.

The climax of that era came in 1971,when Coffey argued before the U.S.Supreme Court on behalf of Groppi'sconstitutional rights. Coffey maintainedthat the Wisconsin Legislature had viola-ted Groppi's right to due process whenit jailed the priest for contempt in 1969.The conservative court agreed withCoffey in a unanimous decision.

Coffey also represented the under-ground newspaper Kaleidoscope, some ofthe Milwaukee 14anti-war protesters, theNAACPyouth council and CommandoProject.

He had a special passion for protectingthe rights of people seeking racial justiceand social change.

Frank Remington, professor of crimi-nallaw at the University of Wisconsin-Madison, taught Coffey.The two becamefriends.

"I watched his career," said Reming-ton, "and it was evident to me very earlythat Bill was developing into one of thefinest criminal defense lawyers in thestate of Wisconsin. He was smart, well- .informed and capable. But he had some-thing more. He had a rare quality of judg-ment and a concern for individuals introuble that far exceeded in genuinenessanyone else I knew."

Clients were not just clients. Theywere people.

In the 1960s, for instance, it was notuncommon to find Coffey playing basket-ball with kids from the NAACPyouthcouncilor Commando Project in hisShorewood driveway. Clients oftenshowed up at Coffey's offices in an old,

J 'Bill absolutely loved being in thecourtroom. He was fascinated bythe job and came alive differentlyin a trial. He was something tosee. He had this presence, a qual-ity you can't teach or learn but arejust blessed with. He was a masterat cross-examination:I

remodeled house at 3127W.WisconsinAve.just to have a soda and chat.

"He really had a sensitivity for peo-ple," Dennis Coffey said. "I don't want tosay it's rare in lawyers, but he got at-tached to people and people got attachedto him."

Chip Burke, a lawyer who practicedwith Coffey in the mid-1970s, said: "BillCoffey hated injustice and he hated bul-lies. He was a hero to people withoutnames, a hero to people without a pennyin their pockets."

Federal Judge Terence T. Evans said:"Everybody knows that Bill Coffey was agreat lawyer, one of the best that evergraced a court.

"When I met him in 1967, I wasimmediately attracted to him as a friend.Once you met him, you couldn't forgethim. He was one of those people whoreally touched my life."

Coffey had style, elegance and charm.He was tall and handsome. He was a lotof fun. He loved the Milwaukee Brewersand sports at the University of Wiscon-sin-Madison. He had a cynical wit thatmasked what was probably a romanticnotion about the law. He was successfuland unpretentious. He was principledand could not be intimidated. He didfavors without condition. He was privateand was selective about close friends.

"He didn't get close to a lot of people,"Burke said, "but when you wereincluded into his group of friends, itwas incomparable. It was family. It wasflattering.''

John Murray, a lawyer who practicedwith Coffey in the early 1970sand nowpractices in Appleton, called him"peerless."

"He was an Irish American lawyer,"Murray said. "He was born in theDepression, in really humble beginningsin Racine. He had a fiery compassion forpoor people. His siblings were incredibleachievers-a college professor, a lawyer,a newspaper managing editor, a phy-sician."

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Another noted defense lawyer, JamesShellow, remarked: "After Bill Coffey,that image of the defense lawyer as anilliterate, dishonest shyster can never besustained."

Dennis Gall, a public defender, metCoffey when Gall was an editor for Kalei-doscope. Gall later worked as an investi-gator for Coffey and went to law schoolat his urging.

"I saw him flatten a young U.S. attor-ney who had failed to introduce a neces-sary technical element in a trial. The casewas dismissed and the young prosecutorwas devastated. Well, Bill turns to theyoung prosecutor and takes him out tolunch, and later hires him."

Coffey was the standard by whichother lawyers were measured, JudgeGerlach said.

"He was the guy we emulated," hesaid, "the lawyer with class and ideals.He was the perfect trial lawyer. And healways shared his knowledge with us."

Gerlach told a story about when heand Murray were third-year law studentsat Marquette and were involved in amock trial.

"Murray had been clerking for Bill,"he said. "And Bill came down on a Satur-day morning to watch us. I was morenervous about Bill Coffey being therethan anything else. Afterward, Murrayasked Bill, 'How did we do? How did wedo?' And Bill said, 'Terrible.' He chidedMurray for wearing a blue shirt. Murraythought we'd be on television. And hetold Murray he couldn't hear any of hisclosing argument because Murray wasrattling the change in his pocket thewhole time."

Bill Coffey's brother Dennis is 41 anda top defense attorney in his own right.He began talking about his brother, thelawyer:

"Bill absolutely loved being in thecourtroom. He was fascinated by the joband came alive differently in a trial. Hewas something to see. He had this pres-ence, a quality you can't teach or learnbut are just blessed with. He was a mas-ter at cross-examination."

Dennis paused for a moment and thentalked about his brother as a brother:

"He was always very, very good tome. I went into law school becauseof him."

Dennis paused again, switching to talkabout his brother, the friend:

"We had great arguments. And we hadgreat times, great fun. He was generousto a fault, and always was there for you,no matter.

"It will be as a friend," he said, "thatI mISSBill the most."

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Professor Frank Remington,V.W. law SchoolBill Coffey was the model for criminaldefense lawyers. He represented clients,some popular, most not, and did so withgreat effectiveness and in so appropriateand dignified a manner that he com-manded the respect of even his adversa-ries. He was brilliant and yet modest. Hewas the most effective defense lawyer inthe state, yet even those whose testimonyhe destroyed by his effective cross exam-ination did not feel that they had beenunfairly taken advantage of. Those in thebest position to observe his work, thetrial judges of the state, were uniformin their praise and, without exception,looked forward to having him try casesin their court. He was good because hewas smart, but, as importantly, he under-stood people, even the most disadvan-taged, and his quiet and effective advo-cacy of unpopular positions earned therespect of even those who were economi-cally and culturally different than hewas. Perhaps most important, he had thecharacteristic that most clearly distin-

Judge Terence T. Evans,U.S. District Court, B.D. of WisconsinBill Coffey.Just looking at his name inprint convinces me that the task at handis hopeless. How can I, with mere words,express thoughts that will come close tocapturing the essence of the man -BillCoffey.I suspect that similar feelingshaunted his friend Richard Kenyon whenhe wrote the Milwaukee Journal storyabout Bill that is reprinted here as the cen-terpiece of this tribute. For, you see, thoseof us who knew Bill Coffey know that hecannot be adequately described. For us,Bill Coffey was there to enjoy. And enjoywe did!

By the time I first met Bill, twentyyears ago when I was a new Assistant inthe Milwaukee County District Attorneys'office, Bill's reputation as a giant of thelaw was already established. After I methim and tried a case with him I realizedfirsthand that his reputation as a brilliant

He was good because he wassmart, but, as importantly, heunderstood people, even the mostdisadvantaged, and his quiet andeffective advocacy of unpopularpositions earned the respect ofeven those who were economicallyand culturally different thanhe was.

guishes the excellent lawyer, superb judg-ment, to know when to fight and whento cooperate in order best to advance theinterests of the clients he served.

He contributed generously to legaleducation. He taught periodically theadvanced course in criminal procedure,doing so when funds were not availableto cover even his expenses. When theBoard of Visitors said that the LAIP (clin-ical program) lacked sufficient practice

He was a fair man, and althoughcourts expect or hope that alllawyers have a sense of fairness, itis rare to find one combining acore belief in fairness with theinteresting mix of logic, sincerity,humility, judgment, and commonsense that was part of the fabricof Bill Coffey.

and persuasive lawyer was well-deserved.As my good fortune would have it, Ibecame a friend of Bill Coffey's and inlater years, as a judge in several differentcourts, I had the pleasure of presidingover cases involving people represented

experience in its supervising attorneys,he offered to contribute his experience.He made himself available to students,spending a half a day a week meetingwith them individually or in groups andstaying as long as they had questions toask. It was, therefore, no surprise whenthe entire law student body voted himthe first recipient of the DistinguishedAlumnus award.

He was an enthusiastic sports fan, buthis enthusiasm for winning was matchedby an equally enthusiastic commitmentto the position that intercollegiate athlet-ics is ill served if athletes are not also students progressing toward their degree.He served as counsel for the WesternCollegiate Hockey Association and repre-sented the University of Wisconsin whenit found itself in difficulty with theNCAA. As was usual with Bill he earnedthe respect of university faculty, administration, coaches, and players alike.

There will never be another Bill Cof-fey. But the justice system will continueto be served by those who were privi-leged to know him and who will try tobe as good as he was.

by this talented and extraordinary lawyer.For the twenty years that I knew Bill, hisreputation, his aura, his presence if youwill, continued to grow. It is from thisvantage point of familiarity and experi-ence that I recall the essence of this trulyremarkable man.

Bill Coffey had a special warmth, a special wit, and a special grace. The power ofhis presence is most clearly expressed bythe great sense of loss experienced by allof us who have witnessed his untimelypassing.

Bill Coffey was not a narrowly trainedlegal mechanic. For him, the practice oflaw was an outlet, a place where he couldexpress his talent and put to use his crea-tive energies. He was a fair man, andalthough courts expect or hope that alllawyers have a sense of fairness, it is rareto find one combining a core belief infairness with the interesting mix of logic,sincerity, humility, judgment, and com-mon sense that was part of the fabric of

BillCoffey.When engrossed in a case, Bill seemed

to experience the sheer delight of ex-ploring the nooks and crannies of the law.But he always explored those sometimeshidden and often difficult-to-find placeswith a sense of honesty and fairness.When he came to court he was "loadedfor bear:' He came prepared to be aggres-sive, but he was never rude or overbear-ing. He had a marvelous sense of humorand seemed to understand the therapy oflaughter which sprang, no doubt, from hismarvelous self-assurance and ability notto take himself too seriously.

Jeremy C. Shea ('611,Ross & Stevens, Madison, WisconsinBill Coffey was my law school classmateand a wonderfully close friend for 30years. He was also the best criminaldefense lawyer in Wisconsin, but this ismore of a personal rather than legal remi-niscence.

I'm not sure when we first met, proba-bly in the long since demolished old LawBuilding. The University of WisconsinLaw School, in the late 1950's, was small,the enrollment about half of its presentsize. Perhaps through the haze of nostal-gia, it seemed a friendlier, less competi-tive place. Bill thrived in this atmo-sphere, everyone knew the silver-tonguedIrishman from Racine. I regret to reporthe was not a zealous student, yet some-how his contemporaries knew that hewould excel. Of course, few of us real-ized the extent of future acclaim.

I confess that we would often forsakethe library for afternoons in MilwaukeeCounty Stadium. Bill was addicted tobaseball, the Braves and later the Brew-ers. He enjoyed other sports, but some-how baseball's slow rhythm and arcanestatistics enthralled him. Who else wouldfollow the Brewers on a road trip toToronto and then attend an OntarioShakespearean festival?

I have heard all the accolades andagree with most. Bill really was a cham-pion of unpopular defendants and a lion

Billhad a certain style and grace that isalmost impossible to define. When he roseto speak, everyone in his presence knewthat it was time to listen. He could displaya temper when it was appropriate, but itwas always a temper born of righteousindignation, never phony opportunism.He had a casualness, an ease with himself,that I believe sprang from his personal,family-centered private life. And it wasthat comfortable personal life, I believe,which invigorated his more public actions.He found strength and comfort in thedevotion of Nancy, his wife, and in the

Bill really was a champion ofunpopular defendants and a lion inthe courtroom. However, he foughtto win and often took no prisoners.He was a passionate believer in themerits of the adversary system.

in the courtroom. However, he fought towin and often took no prisoners. He wasa passionate believer in the merits of theadversary system. Bill even had a fewfaults. In the face of overwhelming real-ity, he was steadfast in predicting Badgerfootball and basketball triumphs. Despitedecades of assorted machinations, henever could give up smoking. And to thedespair of his colleagues, Bill was anincurable procrastinator.

If I could be permitted one war story.Several years ago Bill asked me to assisthim in representing the University ofWisconsin Athletic Department beforethe NCAAinfractions committee. Iarrived in Kansas City complete withvoluminous files and notebooks all dulytabbed and cross-indexed. Bill came tomy hotel room the night before the hear-ing with a sketchy outline on a couple ofyellow pads. He glanced at my prodigiouswork product and gleefully announced,

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love of his children, Patrick, Michael,Peggy and Jane, and in the friendship andcamaraderie that he enjoyed with hisbrother and partner, Dennis. His love forthem and his knowledge of their love forhim made him content as a human beingand enabled him to reach the great heightsthat he did as a lawyer.

The premature death of this wonderfulman has left a great void in the practice oflaw in the state of Wisconsin. But we whoknew him were truly blessed with hispresence while he was among us. Wehope he knows how much he is missed.

"Forget all that office stuff, Shea. Now isthe time to prepare this case:' The storyhas a familiar ending. We stayed up allnight and the next day the famous Coffeymastery and eloquence prevailed. Unfor-tunately, this lesson is only applicable tosomeone who possessed Bill's talents.

All lawyers, particularly litigators,have inflated egos and Bill was no excep-tion. Yet he also had a curious aversionto praise and recognition. He was actu-ally embarrassed by the awards andhated to attend ceremonies when hewould be honored for his latest achieve-ment. Bill commuted to Madison to teachseminars in criminal law. During one ofthe Law School's many financial crises,the Dean announced that there would beno further funding for part-time lectur-ers. Bill said he would continue to teachwithout an honorarium, but only if hisgenerosity was kept secret.

The Irish are fatalists, we expect onlythe darkest consequences. I suspect thatafter his second heart operation, Billknew the risk. Why then enter the areaonce more? The question, of course, iswhy not? Bill gladly exchanged a last hur-rah for the retirement he could not haveabided. So he departed at the height ofhis career, leaving a legacy of legal excel-lence and a host of good memories. Hewill be missed by his friends, associates,even by his adversaries, and most of allby his family. I know I will miss him; Ialready do.

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Professor Frank Tuerkheimer,U.W. Law SchoolIt is difficult to write about BillCoffey'sdeath because just the combination ofwords seems so unreal. Bill enjoyed lifeand was the essence of vitality. His prema-ture death is difficult to grasp. A far morerealistic exercise than the preparation ofthese comments would appear to be antic-ipation of a visit from Bill. But the unreal-ity of such expectations must give way toobjective realities. So rather than thedelightful exercise of focusing on a futurevisit from Bill, it is necessary to turn tothe more painful task of looking at thepast in a present without him.

Bill and I met and then got to knoweach other in a strange and unusual way:we were opponents. It began in the mid-1970's when he and I were asked todebate various questions on criminal prac-tice and procedure. Bill invariably tookthe side of the defense lawyer, I invariablytook the side of the prosecutor. It is.safeto say that when we finished, while nei-ther of us changed his mind, each sawthe other side with new clarity.

A fitting sequence to these law schooldebates came a few years later when Iwas in the United States Attorneys' officein Madison. Our law school disagreementscontinued but now in a courtroom setting.I remember well when Bill asked me tomake discovery material available beforeindictment, an unusual but imaginativerequest. My denial later appeared in hismotion for adjournment of the trial. I havealways regretted that his first heart attack

The image of Bill which emergesvery clearly from all the overtlyantagonistic contacts is of a lawyerand person deeply committed tothe cause of his client and the sys-tem which permits a client suchassistance when the power of thestate is arrayed against him.

prevented him from trying the Joyce casewhich he handled so expertly during thepre-trial stage.

Over the many years we knew eachother, the only time we were not antago-nists was at a law school convocation sev-eral years ago when both Bill and I wereasked to speak at the law school gradua-tion. We each remarked how unusual itwas that for once we were under the sameroof and not disagreeing with each other;we noted the distinctiveness of the occa-sion and enjoyed it.

Despite this history of polarity, I wouldlike to think that the antagonism wassuperficial and that in deeper terms, Billand I were on the same side. I would hopethat both in the law school setting and inthe courtroom, like Bill, I was committedto the pursuit of fine ideals, and that, likeBill, I took the commitment seriously. Theimage of Bill which emerges very clearlyfrom all the overtly antagonistic contactsis of a lawyer and person deeply commit-

ted to the cause of his client and the sys-tem which permits a client such assistancewhen the power of the state is arrayedagainst him. At the same time, he wasable to commit himself so totally withoutchallenging the good faith of an opponent.In the last analysis, Bill was incrediblycomfortable in the role he played so well,a comfort which permitted him the luxuryof dispassion and objectivity.

What emerges more clearly than any·thing else from the image of Bill as thecriminal defense lawyer is his ability toput all of his significant intellectual andemotional talents into the defense of acase so that from the perspective of thedefendant, the defendant was gettingeverything that Bill had. At the same time,Bill never came close to crossing the lineof impropriety. His reputation for honorand integrity were well deserved. He wasthe extraordinary attorney who could bothgive the client the feeling of satisfactionthat comes from a 100% effort on behalfof the client and at the same time leave anopponent with the feeling that Bill playedcompletely by the rules. There are notmany defense lawyers in the state who arccapable of combining these two skills andBill was certainly the best.

One cannot mitigate the loss, both pro-fessional and personal, that those whoknew Bill feel. We can hope that theexample of his life is one that will be fol-lowed by others. To expect that there willbe others like him is asking too much. Butsomehow, if others try, perhaps motivatedby his image, the future will be a betterplace even without him, as the past was abetter place with him.

Justice Donald Steinmetz,Wisconsin Supreme CourtThough each of the authors, except forRichard Kenyon, is writing separately andconcurrently, I'm sure that many of thecomments regarding Attorney William M.Coffey will be duplicitous. The reason forthis is Attorney Coffey was a consistentperson.

I knew Attorney Coffey personally andprofessionally and respected him in bothroles. As a family man, he was devoted tohis wife and children. He made sacrificesfor them willingly and without hesitation.He was a partner and friend of hisbrother, Attorney Dennis Coffey.Therewas a friendly rivalry between them asto which one deserved the title of "mostrespected criminal defense attorney:' The

He was always willing to informthe court honestly as to the law.He preferred to win; however, hecould accept as a true professionala judge's or jury's decision con-trary to his client's interest.

issue was never resolved since each sin-cerely believed so strongly in the other'sabilities.

Attorney Coffey was a pleasure to haveappear in court representing a client sincehe was always prepared to give the bestrepresentation possible. He was alwayswilling to inform the court honestly as to

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the law. He preferred to win; however, hecould accept as a true professional ajudge's or jury's decision contrary to hisclient's interest. He would then preparehis appeal, if appropriate, since he alwaysmade a good record to serve his client atthe next level of judicial review.

As a fellow attorney, William Coffeymade himself available to other profes-sionals. He was always available toinstruct others from his experience eitheron a one-to-one private basis or as aninstructor to groups.

As a friend, Attorney Coffey was trulyloyal and willing to be of assistance when-ever called upon. Attorney Coffey accom-plished a great deal in his lifetime and lefta mark on his family, profession andfriends that continues and will continueinto the future.

In consultation with the family of Bill Coffey the Law School has created a William M. Coffey Memorial Fund. The Fund will beused in appropriate ways (such as occasional lectures) to stress the qualities which made Bill Coffey so highly respected as acriminal law practitioner. Contributions can be made in the name of William M. Coffey Memorial Fund, and sent to theUniversity of Wisconsin Foundation, 702 Langdon Street, Madison, WI 53706 (attention: David Utley).