Nathan S. Heffernan

Heffernan, Nathan S. Chief Justice (Ret.) Nathan S. Heffernan, retired Chief Justice of the Wisconsin Supreme Court, died unexpectedly in Madison on April 13, 2007. He was born in Frederic, Wisconsin on August 6, 1920, the son of Jesse Eugene and Pearl Eva (Kaump) Heffernan. Nat was raised in Sheboygan from an early age, and graduated from Sheboygan high school where he excelled in debate. He obtained his BA (1942) and LLB (1948) from the University of Wisconsin-Madison. After his first year of law school, Nat enlisted in the United States Navy, which sent him to the Harvard Business School for training as a supply officer. Upon completion of his studies at Harvard, Lieutenant Heffernan saw active duty in both the Atlantic and Pacific theaters of war. At war's end, Nat married his high school sweetheart, Dorothy Hillemann, on April 27, 1946, and resumed his studies at the University of Wisconsin Law School, graduating Order of the Coif in 1948. After a short period of private practice in Madison, and as Assistant Counsel for the Wisconsin League of Municipalities, Nat and Dorothy returned to Sheboygan, where Nat practiced law with his friend, John Buchen, who later became a Sheboygan County judge. In 1951, Nat (a Democrat) ran against John (a Republican) for Sheboygan County DA. Nat lost the election, but was hired by John as his assistant. Nat later served as Sheboygan City Attorney for six years. In 1959, Nat, Dorothy, and their three children moved to Madison, after Nat was appointed Deputy Attorney General by his old law school friend, Attorney General John Reynolds. Three years later, Nat was appointed U.S. Attorney for the Western District of Wisconsin by President Kennedy, despite the fact that he had supported Adlai Stevenson for the Democratic nomination. He was retained by President Johnson after President Kennedy was assassinated. In 1964, Nat was appointed by then-Governor John Reynolds to the Wisconsin Supreme Court, a position he held with distinction for 31 years. Due to the peculiarities of the election laws, Justice Heffernan was obliged to run for state-wide election within a few months and was elected following a hotly contested, close race. This was the first of three ten-year terms of service by Justice Heffernan on the high court. Well recognized as a prominent liberal on the Court, Justice Heffernan also was known for his ability to work with his more conservative colleagues, and strived to build consensus and respectful collegiality. A concern for individual rights, humanity, and the environment were hallmarks of his judicial philosophy. He was also a dog lover, and proudly proclaimed the "pro dog" policies of the Court during his tenure. Disturbed by the excessive delays in resolving cases, Justice Heffernan was a strong supporter of the 1978 court reorganization which created an intermediate Court of Appeals and merged the county and circuit courts. Throughout his tenure, Justice Heffernan was well known for his close relationships with his law clerks. He was an advocate of women's rights, hiring the first woman law clerk to serve on the Court, as well as the first job-sharing clerks, when two recent women law graduates with young children approached him with the idea. Justice Heffernan enjoyed the youth, brains, and fresh perspectives of his clerks. For many years, he hosted at his home a year-end party for all of the clerks then serving the Court, as well as his former clerks, with bratwurst, beer, Beefeater martinis, and conviviality served in equal proportion. Justice Heffernan was known for his scholarship. He was a lecturer at the U.W. Law School for many years. After attending the New York University Appellate Judges seminar in the late 1960s, he was invited back as a faculty member, and served for fifteen years. His board memberships and honors are too numerous to list, but included the Board of Curators of the State Historical Society, the Board of Visitors for the U.W. Law School, the Board of the Vilas Trust, the Board of the River Alliance, and the Board of Trustees for the University of Wisconsin Memorial Union. In 1983, he became Chief Justice, a position he held until his retirement in 1995. In addition to continuing as an active member of the Court, hearing and deciding cases, he was charged with the administration of the entire court system of the state. Throughout his tenure as Chief, Chief Justice Heffernan promoted equal and speedy access to justice, fair compensation for the judiciary, and civility with his colleagues, the circuit courts, and the other branches of government. When he retired, his invaluable secretary for his entire term on the Court-Bessie Sweet-also retired. His most valuable helpmate was his wife Dorothy. From the early years when she would transcribe his law school notes (which Nat couldn't read because of his terrible handwriting), to driving him around the state and maintaining a welcoming home, as well as providing financial support as a teacher during the lean years, Dorothy was there. In later years, when Dorothy's health declined, Nat took on the role of primary caregiver. Although Nat continued to be active in his retirement, particularly in his joint effort with Lieutenant Governor Barbara Lawton, to address the problem of campaign finance reform, the declining health of he and his wife had limited his life in recent months. Nonetheless, his recent demise was unexpected. Chief Justice Heffernan was predeceased by his parents and by his older brother (Maxwell Heffernan) and older sister (Kelly Kirst). He is survived by his wife, Dorothy, by his children Kate (Howard) Thomas of Wales, Great Britain, Mike (Barbara Zellmer) Heffernan of Madison, and Tom (Corinne) Heffernan of Port Wing. He was blessed with, and dearly loved his five grandchildren: Ceri and Charlotte Thomas, Cyrus and Nathan Heffernan, and Jessie Atkinson. He is also survived by his two Labrador retrievers: Lex Loci, and Stare Decisis. The family wishes to thank all of the family friends, as well as the neighbors, past and present, on Veblen Place, who have been so kind and supportive in this tragic time. A funeral service will be held at 2:00 PM on Wednesday, April 18, 2007 at CRESS FUNERAL HOME, 3610 Speedway Rd, Madison, WI. Friends may call from 4:00 until 7:00 PM on Tuesday, April 17, 2007 at CRESS FUNERAL HOME. The Family suggests that memorials be made to The University of Wisconsin Madison Law School, 975 Bascom Mall, Madison, WI 53706, or The Wisconsin Historical Society, 816 State St., Madison, WI 53703. Cress Funeral & Cremation Service (608) 238-3434