J. Eric Smithburn
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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.
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.
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.
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.