John Warner Fitzgerald
Encyclopedia
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
, member of the Michigan Senate
Michigan Senate
The Michigan Senate is the upper house of the Michigan Legislature. The Senate consists of 38 members, who are elected from constituencies having approximately 212,400 to 263,500 residents....
, and chief justice of the Michigan Supreme Court
Michigan Supreme Court
The Michigan Supreme Court is the highest court in the U.S. state of Michigan. It is known as Michigan's "court of last resort" and consists of seven justices who are elected to eight-year terms. Candidates are nominated by political parties and are elected on a nonpartisan ballot...
.
Fitzgerald was born in Grand Ledge, Michigan
Grand Ledge, Michigan
Grand Ledge is a city in the U.S. state of Michigan. The city lies mostly within Eaton County, though a small portion extends into Clinton County, and sits above the Grand River 12.7 miles directly west of downtown Lansing. The population was 7,813 at the 2000 census...
, the son of Frank Dwight Fitzgerald, Governor of Michigan
Governor of Michigan
The Governor of Michigan is the chief executive of the U.S. State of Michigan. The current Governor is Rick Snyder, a member of the Republican Party.-Gubernatorial elections and term of office:...
, 1935-1936 and 1939, when he died in office. He was the grandson of John Wesley Fitzgerald, State Representative
Michigan State House of Representatives
The Michigan House of Representatives is the lower house of the Michigan Legislature. There are 110 members, each of whom is elected from constituencies having approximately 77,000 to 91,000 residents, based on population figures from the 2000 federal U.S. Census.Members are elected in...
from Eaton County's 1st District, 1895-1896.
Fitzgerald graduated from Grand Ledge High School in 1942, and continued his education with a bachelors degree from Michigan State University
Michigan State University
Michigan State University is a public research university in East Lansing, Michigan, USA. Founded in 1855, it was the pioneer land-grant institution and served as a model for future land-grant colleges in the United States under the 1862 Morrill Act.MSU pioneered the studies of packaging,...
and a law degree from the University of Michigan Law School
University of Michigan Law School
The University of Michigan Law School is the law school of the University of Michigan, in Ann Arbor. Founded in 1859, the school has an enrollment of about 1,200 students, most of whom are seeking Juris Doctor or Master of Laws degrees, although the school also offers a Doctor of Juridical...
. He also studied at Princeton University
Princeton University
Princeton University is a private research university located in Princeton, New Jersey, United States. The school is one of the eight universities of the Ivy League, and is one of the nine Colonial Colleges founded before the American Revolution....
and the University of Arizona
University of Arizona
The University of Arizona is a land-grant and space-grant public institution of higher education and research located in Tucson, Arizona, United States. The University of Arizona was the first university in the state of Arizona, founded in 1885...
.
Fitzgerald served with the United States Army
United States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...
Infantry during World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
. After the war, he was the legal counsel for the Michigan Senate
Michigan Senate
The Michigan Senate is the upper house of the Michigan Legislature. The Senate consists of 38 members, who are elected from constituencies having approximately 212,400 to 263,500 residents....
from 1955 until 1958. He then ran for a seat in the state Senate himself and represented the 15th District from 1958 until 1962. Fitzgerald returned to private practice in the firm of Fitzgerald and Wirbel until 1964, when he was elected to the Michigan Court of Appeals
Michigan Court of Appeals
The Michigan Court of Appeals is the intermediate-level appellate court of the state of Michigan. It was created by the Michigan Constitution of 1963, and commenced operations in 1965...
, which had been newly created under the Michigan Constitution
Michigan Constitution
The Constitution of the State of Michigan is the governing document of the U.S. state of Michigan. It describes the structure and function of the state's government....
of 1963. He remained on the Court of Appeals until appointed to the Michigan Supreme Court
Michigan Supreme Court
The Michigan Supreme Court is the highest court in the U.S. state of Michigan. It is known as Michigan's "court of last resort" and consists of seven justices who are elected to eight-year terms. Candidates are nominated by political parties and are elected on a nonpartisan ballot...
on January 1, 1974. He sat on the high court for eight years, and in 1982, his last year on court, served as Chief Justice. Among his landmark decisions, People v Aaron, 409 Mich 472 299 NW2d 304 (1979), he is known for abrogating the state's felony murder
Felony murder
The rule of felony murder is a legal doctrine in some common law jurisdictions that broadens the crime of murder in two ways. First, when an offender kills accidentally or without specific intent to kill in the course of an applicable felony, what might have been manslaughter is escalated to murder...
rule.
Fitzgerald played an important role in the Thomas M. Cooley Law School
Thomas M. Cooley Law School
Thomas M. Cooley Law School is an American Bar Association accredited law school in the United States. Located in Michigan, its main campus is in Lansing, and its satellite campuses are in Ann Arbor, Auburn Hills, and Grand Rapids. Cooley plans on opening another satellite campus in Tampa Bay,...
, which began in 1972. Fitzgerald served as a board member, an adjunct professor, and full-time professor at Cooley Law School. He was voted favorite member of the law faculty in a student poll conducted by the Italian-American Law Society.
Fitzgerald's son, Frank M. Fitzgerald, was a member of the Michigan State House of Representatives
Michigan State House of Representatives
The Michigan House of Representatives is the lower house of the Michigan Legislature. There are 110 members, each of whom is elected from constituencies having approximately 77,000 to 91,000 residents, based on population figures from the 2000 federal U.S. Census.Members are elected in...
from 1987 until 1998 and was appointed State Insurance Commissioner by then-Governor John Engler
John Engler
John Mathias Engler is an American politician and a member of the Republican Party. He served as the 46th Governor of Michigan from 1991 to 2003....
in 1999. He then served as the State Financial and Insurance Services Commissioner from 2000 until 2003. Frank died suddenly in December 2004.
Fitzgerald died in 2006 after a prolonged illness. He was survived by his wife Lorabeth; sons Adam, 45, and Eric, 48; and two grandchildren, Ellen and John.