By U.S. Senior District Judge Anna J. Brown and U.S. Magistrate Judge Mark D. Clarke
The remarkable life of U.S. Senior District Judge Owen Murphy Panner was celebrated on June 1, 2019, at the Panners’ horse arena in Medford, Oregon, under sunny skies illuminating a verdant vineyard, lush pastures, and a snow-capped Mount McLoughlin. As guests took their seats, the District Court’s own Rick Galarneau and Houston Bolles shared their considerable talents from a flat-bed truck stage to provide musical background that Judge Panner would have loved.
They opened the celebration by leading everyone in “America the Beautiful.” On behalf of Nancy Panner and all of Judge Panner’s family, U.S. Senior District Judge Anna J. Brown welcomed over 200 guests from around the region. As she introduced the speakers, Judge Brown stressed that Judge Panner was still presiding from “the best saddle in the arena,” and all agreed to be brief or risk her use of the cow bell in her hand to signal violations.
Oregon’s Chief District Judge, Michael W. Mosman, noted Judge Panner’s core mission as a judge was to help people resolve disputes, which he did in two main ways. First, he always did what he thought was right, regardless of public opinion, lawyers’ preferences, or even what might happen on appellate review. Second, he was famous for tightening up cases to avoid what he thought were unnecessary delays. For example, when Mosman tried a serious criminal case before Judge Panner as a prosecutor, Judge Panner required Mosman to introduce his case agents’ testimony by entering their written statements into evidence, “saving” all the time that would have been used for direct examination and allowing Judge Panner to move sooner to the next case that needed resolution. Indeed, Judge Panner loved working at the courthouse so much that he continued doing so until just three weeks before his passing.
Magistrate Judge Mark D. Clarke emphasized the tremendous privilege it was to have Owen Panner as a very close friend and unique mentor. Despite his tough exterior, Judge Panner was always a gentleman who showed a big heart and who believed in a fundamental goodness of people and the power of redemption. He sought to uplift us all with his kind, gracious, and positive spirit and his wonderful sense of humor. Judge Clarke noted that Judge Panner’s Portland chambers served as a virtual museum of the things he really loved in life: his family, his country and state, Native American tribes, golf, horses, and, of course, the law. Judge Clarke cherishes a book on his desk from Judge Panner’s personal library, Don’t Squat with Yer Spurs On: A Cowboy’s Guide to Life, by Texas Bender.
Chief Delvis Heath and former Chief E. Austin Greene Jr. of the Confederated Tribes of Warms Springs performed a compelling Native American drum ceremony in Judge Panner’s honor. Raymond Trumpti, the current Chair of the Warm Springs Tribal Council, also attended. Howard Arnett, an attorney at the Bend law firm Karnopp Petersen, aka “The Panner Firm,” shared some of Judge Panner’s early professional history. After serving in the U.S. Army in World War II, Panner graduated with high honors from the University of Oklahoma Law School in 1949, and moved to Bend, where he initially worked as a car salesman! After passing the Oregon State Bar, Panner formed a law firm with Duncan McKay.
Former Chief Greene recounted how the Tribe was looking to hire a lawyer in 1955. Some members knew Panner from his car-selling days. They also respected his friendships and golfing associations with Native Americans in Oklahoma (having grown up in Whizbang in Oklahoma Indian territory). The Tribe ultimately hired Panner to “keep them out of court” and “outsmart the white man.” Panner represented the Warm Springs Tribe for many years, and Chief Greene spoke of the tremendous leadership Panner provided to them and the ultimate respect they had for him in return.
Oregon Supreme Court Justice Adrienne Nelson spoke on behalf of the Owen M. Panner American Inn of Court. In 1983, Judge Panner helped form the Inn, the first chapter in Oregon, and he was a loyal supporter and mentor to Inn members until the end. Justice Nelson read a letter in tribute to Judge Panner from the Executive Director of the National American Inns of Court that praised him for his “commitment to professionalism.”
Sarah Crooks and Marc Herzfeld, two of Judge Panner’s law clerks, shared their perspectives from working with him in chambers. Crooks stressed that Judge Panner kept his law clerks to the same tight timeline he imposed on lawyers because he really believed that “justice delayed was justice denied.” His chambers mantra was “Be Brief,” and he would often tell the law clerks, “Good job, but cut it in half.” Crooks knew lawyers who were supposed to give concise closing remarks were in trouble when Judge Panner turned his chair toward the waste basket and started sharpening his pencil with his pocketknife! Herzfeld fondly remembered Judge Panner always counseled lawyers to “disagree without being disagreeable.” He also emphasized Judge Panner was secure in his thinking, and it could be hard for law clerks to change Panner’s mind. He relayed the story of one former law clerk who cautioned that, “Judge, if you rule that way, you will be reversed.” Judge Panner calmly replied, “Maybe, but NOT by you!” Marc Herzfeld had the honor of working for Judge Panner for 32 years.
Three lawyers who regularly tried cases before Judge Panner shared their memories. On the civil side, U.S. District Court Judge Michael H. Simon described Judge Panner as “a trial lawyer’s trial judge” for three reasons: (1) He knew what he was doing, and his rulings were consistent, supported by law, and fair. (2) He loved juries, who he felt did a good job of untangling complicated situations. (3) He loved trial lawyers. This was even when he regularly told trial lawyers he would be happy to grant a request to move a trial date. . . to an earlier one! Judge Simon emphasized Judge Panner’s respect for the appellate process and shared the story of a lawyer who got a favorable ruling from Judge Panner, which was affirmed by the 9th Circuit. The lawyer was pleased to tell Judge Panner the good news, to which Judge Panner replied, “This does not cause me to change my mind. I still think I was right.”
Former Assistant U.S. Attorney Doug Fong remembered the ever-present “twinkle” in Judge Panner’s eyes. He recalled personal conversations, including when he asked Judge Panner “What had been the most amazing thing he had seen in his life?” Panner responded that it was his parents, who gave him his faith in God, work ethic, and belief in mankind. Doug saw Judge Panner the day before he died. He was at peace.
District of Oregon Federal Defender Lisa Hay said Judge Panner was revered by the criminal defense community and substantively ahead of his time when he ruled the federal sentencing guidelines unconstitutional a year before the Supreme Court did. He also supported and mentored woman lawyers at every opportunity, including when he swiftly corrected a male lawyer in court who addressed Emily Simon, one of the few women defending criminal cases in federal court at the time, by her first name!
Judge Brown read portions of a letter from Oregon Attorney General Ellen Rosenblum, who was a young assistant U.S. attorney when Judge Panner joined the court. Ellen shared a story about having to ask Judge Panner for accommodation to nurse her new baby ahead of a long trial with Judge Panner in Pendleton. She had never been more nervous in her life leading up to the request, which she said was not really done in those days. Without missing a beat, his response was, “Well, you will just have to tell me what your needs are.” She says she will never forget those words, as they were music to her ears.
Owen Panner’s long-time friend, Ron Palasek, shared Panner’s love of Arabian horses and attributed Panner’s success as great trial lawyer and judge to his ability to handle horses. Panner became president of the Arabian Horse Association because of his inherent ability to get a room of strong opinions to come around to his position.
As the program neared completion, Portland trial lawyer Denny Rawlinson offered an Irish prayer and toast. Denny was instrumental in establishing the Owen M. Panner Professionalism Award 25 years ago, now awarded annually by the Oregon State Bar Litigation Section and intended to honor the best in our profession. The award was named for “Judge Owen M. Panner” as “no one represents the best in all of us better than Owen Murphy Panner.” Denny also described the Irish “Blessing of Light” which comes from love of “family, friends, and good fellowship.” Denny attested that Judge Panner knew the importance of the Blessing of Light and raised his glass of Early Times bourbon, (Judge Panner’s favorite), and offered this toast: “May the blessing of light be on you, light within and light without, shall the sun shine down to warm your heart.”
In a poignant show of respect, a saddled, riderless horse with backward-facing boots was led around the arena, to a quiet standing ovation, while Rick and Houston played and sang, “When I get to Where I’m Going,” by George Teren and Rivers Rutherford. It was a moving symbol of a beloved, fallen leader who will ride no more.
Judge Brown concluded the program by reading a letter from U.S. Senator Ron Wyden, who wrote, “Today we gather to honor my friend, Judge Owen Panner. Judge Panner was recognized as one of Oregon’s most outstanding, influential, and long-serving judges. His impact will be felt for many, many years to come.” Molly McCarthy from Senator Wyden’s office presented Nancy Panner with a flag that was flown over the United States Capitol in Judge Panner’s memory.
Judge Brown then made a motion to adjourn, which was, of course, granted by Judge Panner from his “best seat in the arena.”
Owen Murphy Panner was a man of deep faith. He knew God was ready for him. He taught us all many lessons about the law and life. He inspired us to be better judges, better lawyers, and most of all, better people. We will all miss the twinkle in his eyes. Judge Simon said it well: “There is a bright new star in heaven. Rest in Peace, Dear Friend.”