J. Eric Smithburn South Bend, Indiana Obituary

J. Eric Smithburn

<p>&nbsp;</p> <p>A very good man is gone. Honest, forthright, true to principles of justice and community service, Eric Smithburn, of South Bend, Indiana, was a scholar, athlete, lawyer, judge, and United Kingdom Barrister. &nbsp;He passed away on June 18, 2021 at age 76.</p> <p>Eric was curious, congenial, and friends with all he met--treating salesclerks with the same respect as&nbsp; senators. A practical jokester from time to time, Eric penned a few letters that kept recipients guessing.</p> <p>From Indiana University,&nbsp; Bloomington, Eric received his master&rsquo;s degree in African Studies and his J.D. Degree. &nbsp;While a law student, he worked in the IU Chancellor&rsquo;s office to create a more inclusive experience for African-American students in the 1960s. That job followed one of his favorite jobs-- teaching in Indianapolis Crispus Attucks High School, then an all-black high school, where he cherished close relationships with students and faculty.</p> <p>Although rugby was the game of Eric&rsquo;s adulthood&mdash;he played on a United States&rsquo; international touring team in the early 1980&rsquo;s--it was basketball (which he played in high school) that captured Eric&rsquo;s heart throughout his life, and also broke his heart when his favorite team seemed to lose needlessly. Football was another favorite&mdash;Eric actually signed a contract in 1969 with Indianapolis&rsquo;s first pro team (before the Colts), the Indianapolis Capitals, although he cancelled it to attend law school.</p> <p>On graduating from the IU Maurer School of Law, Eric joined a small law firm in Plymouth, Indiana, to be closer to family in Monticello, Indiana, where he grew up. &nbsp;&nbsp;In a short time, Eric became a Marshall County judge, wrote a highly regarded book on judicial decision-making, and joined the Notre Dame Law School faculty in 1978, where he was granted tenure and full professorship in 1982.&nbsp; Eric taught, wrote, and lectured in judicial circles and was a sought out national speaker. While on the Notre Dame faculty, and for a few years post-retirement, Eric spent time as a senior judge in the St. Joseph Probate Court.&nbsp; Connecting with youth in crisis and their families gave him purpose and satisfaction.</p> <p>While at the Notre Dame Law School, Eric directed the summer London Law Centre program for sixteen years, a personal favorite activity of his.&nbsp; Meeting, hiring, and getting to know respected, fascinating international legal scholars and internationally oriented law students was a joy to him. During Eric&rsquo;s tenure, the Notre Dame Law School London summer program had high enrollment and positive reviews.</p> <p>Eric published numerous academic articles and textbooks as well as co-writing West&rsquo;s Indiana Practice volumes on Family Law, reportedly the most &ldquo;borrowed&rdquo; (without return)&nbsp; books in the St. Joseph County Law Library.&nbsp; Yet, of the books he wrote, one of his two favorites had nothing to do with the law: &nbsp;The Illustrated American Tourist Guide to English English. The other had more to do with history than law: Lizzie Borden: A Case Book of Family and Crime in the 1890&rsquo;s.</p> <p>Missing Eric greatly are all his family members: his wife of almost 35 years, Aladean DeRose-Smithburn; son Scott Eric Smithburn; step-daughter Kylea Asher-Smith (David Smith); grandchildren Sadie Smith and Noah Smith; brother Jeff Smithburn (Susan Hughes Smithburn); nieces Erika Kanczuzewski, Jennifer Smithburn, Erin Marty (Todd); and the children of his nieces, together with his four cousins; &nbsp;as well as his in-laws&mdash;mother-in-law Mary DeRose; sisters-in-law: Desiree DeRose Calabro (Francesco); Gena DeRose Dubberley (David ); Adriane DeRose (Dennis); and brothers in law Victor DeRose and Paul DeRose, and all the children and grandchildren of his in-law sisters and brothers. Eric was predeceased by his parents Charles Edward Smithburn&nbsp; and Edna Irene (Anderson) Smithburn. Eric&rsquo;s infant son Conner predeceased him in 1990.</p> <p>If the measure of a human life is how one makes the world a bit better, Eric&rsquo;s life was well-lived.&nbsp; He influenced &nbsp;Attucks high school students who graduated because he visited their homes and was truly interested &nbsp;in their lives;&nbsp; lawyers who remember what hearsay evidence really is;&nbsp; other lawyers who know the limits of the law in family matters; teenagers who felt someone cared whether they committed another petty crime; and a son who will remember always &ldquo;to take [his] inventory&rdquo; wherever he goes.</p> <p>Within the 6&rsquo;4&rdquo; frame of an athlete and competitor was a highly sensitive, compassionate spirit that will be remembered by those who loved him, captured by words from one of his favorite poems by William Wordsworth, commonly known as &ldquo;The Daffodils&rdquo;:</p> <p>For oft, when on my couch I lie</p> <p>In vacant or in pensive mood,</p> <p>They flash upon that inward eye</p> <p>Which is the bliss of solitude;</p> <p>And then my heart with pleasure fills,</p> <p>And dances with the daffodils</p> <p>A private burial will be held, and a Celebration of Life will take place on a later date.&nbsp; In lieu of flowers, memorial contributions may be made to the Nature Conservancy (www.nature.org),&nbsp; Unity Gardens (for the LaSalle Square Garden center), or to the Civil Rights Heritage Center at Engman Natatorium.</p> <p>Palmer Funeral Home &ndash; Guisinger Chapel is assisting the Smithburn family with arrangements.&nbsp; Online condolences may be left for the family at www.palmerfuneralhomes.com.</p> <p>&nbsp;</p>
November 21, 1944 - June 18, 202111/21/194406/18/2021
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A very good man is gone. Honest, forthright, true to principles of justice and community service, Eric Smithburn, of South Bend, Indiana, was a scholar, athlete, lawyer, judge, and United Kingdom Barrister.  He passed away on June 18, 2021 at age 76.

Eric was curious, congenial, and friends with all he met--treating salesclerks with the same respect as  senators. A practical jokester from time to time, Eric penned a few letters that kept recipients guessing.

From Indiana University,  Bloomington, Eric received his master’s degree in African Studies and his J.D. Degree.  While a law student, he worked in the IU Chancellor’s office to create a more inclusive experience for African-American students in the 1960s. That job followed one of his favorite jobs-- teaching in Indianapolis Crispus Attucks High School, then an all-black high school, where he cherished close relationships with students and faculty.

Although rugby was the game of Eric’s adulthood—he played on a United States’ international touring team in the early 1980’s--it was basketball (which he played in high school) that captured Eric’s heart throughout his life, and also broke his heart when his favorite team seemed to lose needlessly. Football was another favorite—Eric actually signed a contract in 1969 with Indianapolis’s first pro team (before the Colts), the Indianapolis Capitals, although he cancelled it to attend law school.

On graduating from the IU Maurer School of Law, Eric joined a small law firm in Plymouth, Indiana, to be closer to family in Monticello, Indiana, where he grew up.   In a short time, Eric became a Marshall County judge, wrote a highly regarded book on judicial decision-making, and joined the Notre Dame Law School faculty in 1978, where he was granted tenure and full professorship in 1982.  Eric taught, wrote, and lectured in judicial circles and was a sought out national speaker. While on the Notre Dame faculty, and for a few years post-retirement, Eric spent time as a senior judge in the St. Joseph Probate Court.  Connecting with youth in crisis and their families gave him purpose and satisfaction.

While at the Notre Dame Law School, Eric directed the summer London Law Centre program for sixteen years, a personal favorite activity of his.  Meeting, hiring, and getting to know respected, fascinating international legal scholars and internationally oriented law students was a joy to him. During Eric’s tenure, the Notre Dame Law School London summer program had high enrollment and positive reviews.

Eric published numerous academic articles and textbooks as well as co-writing West’s Indiana Practice volumes on Family Law, reportedly the most “borrowed” (without return)  books in the St. Joseph County Law Library.  Yet, of the books he wrote, one of his two favorites had nothing to do with the law:  The Illustrated American Tourist Guide to English English. The other had more to do with history than law: Lizzie Borden: A Case Book of Family and Crime in the 1890’s.

Missing Eric greatly are all his family members: his wife of almost 35 years, Aladean DeRose-Smithburn; son Scott Eric Smithburn; step-daughter Kylea Asher-Smith (David Smith); grandchildren Sadie Smith and Noah Smith; brother Jeff Smithburn (Susan Hughes Smithburn); nieces Erika Kanczuzewski, Jennifer Smithburn, Erin Marty (Todd); and the children of his nieces, together with his four cousins;  as well as his in-laws—mother-in-law Mary DeRose; sisters-in-law: Desiree DeRose Calabro (Francesco); Gena DeRose Dubberley (David ); Adriane DeRose (Dennis); and brothers in law Victor DeRose and Paul DeRose, and all the children and grandchildren of his in-law sisters and brothers. Eric was predeceased by his parents Charles Edward Smithburn  and Edna Irene (Anderson) Smithburn. Eric’s infant son Conner predeceased him in 1990.

If the measure of a human life is how one makes the world a bit better, Eric’s life was well-lived.  He influenced  Attucks high school students who graduated because he visited their homes and was truly interested  in their lives;  lawyers who remember what hearsay evidence really is;  other lawyers who know the limits of the law in family matters; teenagers who felt someone cared whether they committed another petty crime; and a son who will remember always “to take [his] inventory” wherever he goes.

Within the 6’4” frame of an athlete and competitor was a highly sensitive, compassionate spirit that will be remembered by those who loved him, captured by words from one of his favorite poems by William Wordsworth, commonly known as “The Daffodils”:

For oft, when on my couch I lie

In vacant or in pensive mood,

They flash upon that inward eye

Which is the bliss of solitude;

And then my heart with pleasure fills,

And dances with the daffodils

A private burial will be held, and a Celebration of Life will take place on a later date.  In lieu of flowers, memorial contributions may be made to the Nature Conservancy (www.nature.org),  Unity Gardens (for the LaSalle Square Garden center), or to the Civil Rights Heritage Center at Engman Natatorium.

Palmer Funeral Home – Guisinger Chapel is assisting the Smithburn family with arrangements.  Online condolences may be left for the family at www.palmerfuneralhomes.com.

 

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