William L. Durden, a distinguished member of The Jacksonville Bar for 63 years, died March 12, 2011.
He had a remarkable career. His father became paralyzed when he was 11, and he worked to support his family. He attended Jacksonville Junior College (now Jacksonville University) where one of his teachers was a young lawyer with the Fleming firm.
When the job of office boy opened at the firm, it hired Durden, who eventually became the firm’s bookkeeper and office manager.
During World War II, Durden left to join the Navy. After the war, the University of Florida Law School admitted him even though he did not have a full college degree. He became a lawyer In 1947 and returned to the Fleming firm.
In 1953, he formed a firm of his own. Two years later, LeRoy Collins, who had recently become governor of Florida, asked him to join his staff. He eventually became Collins’ chief of staff. Before Collins left office, he rewarded Durden for his service by appointing him to the circuit bench.
After he rendered a landmark decision that resulted in a wholesale reassessment of county real property and handled a raft of follow-up cases that implemented that decision and provided the funding the county’s schools needed to regain accreditation, Judge Durden returned to private practice.
A short time later, the Legislature approved a new charter consolidating the governments of Duval County, Jacksonville and the other cities within the county.
When the legislation was challenged, Mayor Hans Tanzler asked Durden to handle the case for the consolidated government. The draft judgment Durden proposed for entry by the circuit court thoroughly discussed the issues and revealed the depth of Durden’s constitutional expertise. On appeal, the Supreme Court’s opinion affirming the judgment adopted the opinion almost verbatim.
Durden became the consolidated government’s first general counsel. Before consolidation, every elected official and many boards and departments had hired their own private lawyers. The charter required the City to provide central services to all branches of the government.
Thus, the Office of General Counsel was to provide all legal services the City’s elected officials and departments required, thereby saving on legal fees. The charter also made the opinions of the General Counsel binding on all officials. So no official could hire an outside lawyer.
Virtually every day, a new issue arose on the responsibility and powers of elected and appointed officials. Durden resolved the issues in more than 200 binding legal opinions.
When a reporter asked Mayor Tanzler to describe the form of government the charter had created, he responded by calling it a “strong general counsel form of government.”
Indeed it was, and Judge Durden’s work established a foundation for all future general counsels.
At a recent ceremony paying tribute to Durden, Rick Mullaney called him “the John Marshall of consolidation.” Durden’s opinions shaped the consolidated government and will strongly influence its operations far into the future.
In 1970, Durden returned to the private practice of law at Kent Durden and Kent. He performed many tasks for Ed Ball, the duPont trust, FEC railroad, St. Joe and Florida National Bank.
In 1986 his firm merged with Carlton Fields and he became in-house counsel for Florida National Bank. After that he practiced on his own and with his son William for several years.
by Judge Charles Arnold and William Adams III
Memories of my friend Judge William Durden
On March 12, 2011, the City of Jacksonville and the State of Florida lost a citizen whose effect will be long remembered. The fingerprints of William Lee (Judge) Durden will never be forgotten.
I had the privilege of serving with Judge Durden in many capacities. He was intelligent, determined and jovial.
Although the term has been seldom used in recent years, he was a true “statesman.” He had the ability to meld determination, purpose and humor as closely as anyone that I have ever known.
Notwithstanding the frequent criticism which is leveled at the term “politics,” he understood and employed the ideals and practices as deftly as any statesman whom I have ever known.
His word was his bond, whether in business circles, political circles, or plain ordinary living. Whether engaged in the practice of his profession in multimillion dollar litigation, or whether simply discussing the pros and cons of a citizen seeking an office, I never saw him (nor a picture of him) with a scowl on his face.
I had the privilege of serving with Judge Durden as a circuit judge of the Fourth Judicial Circuit. Although from time to time we differed on political issues, there was never an unkind word passed between us.
We were both very active and often debated when the governments of the City of Jacksonville and Duval County were merged. Our debates were always on a friendly basis, whether discussing the balance of powers, powers of the mayor’s office, school problems or the rightful position of law enforcement in a consolidated government. Our debates were frequently heated, but never acrimonious.
The fingerprints of Judge Durden were not confined to Northeast Florida. Although technically the executive assistant to the Governor from 1958 until 1961, he performed the duties of the executive in Tallahassee during the time our governor was marching in Selma, Alabama.
Judge Durden’s duties necessarily embroiled him in controversial matters. Probably the most heated, in which he played the major part, was when it fell to his lot, as a circuit judge, to preside in the taxation issue relating to the proper manner of assessing real property – specifically on homestead in Duval County. His rulings were affirmed by the Florida Supreme Court.
Then, he shocked many of those active in the fray by retaining jurisdiction for enforcement after final judgment.
William Durden was a great judge, an outstanding lawyer, an excellent statesman, a loving family man, and a wonderful friend of mine. He is irreplaceable and will be sorely missed!
by Tyrie A. Boyer