Mike Moser "I Say" Published April 16, 2004

He was known simply as Proctor

I suppose one could measure the stature of a man in the moniker by which he is known.

History as well as local folklore is littered by the single names of those who stood out in their field. It is not to say that this is a measure of success, because some one-named characters we have known in our lifetime were just that ... characters.

History pages are littered with Churchill, Einstein, Stalin, Bogart "Bogie" and the like. We in Cumberland County have our own single-named individuals.

This week we lost one of our more judicially talented and memorable characters. We are fortunate to have known a one-named character who stood as one of the best in his chosen field. In legal circles and throughout the community he was simply known as Proctor.

Time was when everyone in Crossville who heard the name "Proctor" knew you were talking about attorney Proctor Upchurch.

I feel sorry for those who never got to see Proctor work a courtroom. In his prime, Proctor was one of the most talented and most feared courtroom opponents in the Upper Cumberlands. In fact, his reputation as a tenacious defense attorney far exceeded the boundaries of this area.

Proctor was an old-style attorney who could turn the tide of a case with an impromptu quip, that sly smile and chuckle, and with his witty banter. He didn't always win his arguments in court, but he would find a way to get in his final expression.

I remember Proctor once arguing strenuously his position for quite some time with a state prosecutor and the judge. I don't even remember who the judge or the prosecutor were, but I remember how the legal argument ended. The judge told Proctor it was time to move on, that he did not believe there was a legal precedent or law supporting Proctor's position. The judge added that if Proctor found a precedent, to file a brief with the court. "I doubt you do," the judge said.

Proctor turned, walked slowly toward his seat and mumbled, "Well, if there isn't one (a precedent) there ought to be." With back to the judge, he projected that sly smile and twinkle in his eye.

Proctor's mumblings in court often were legendary in themselves. Proctor wasn't necessarily directing his under-the-breath comments to anyone in particular ... or was he? One could never be certain. The only thing I am sure of is that the mumblings always seemed to be uttered with just enough volume for the right person to hear them.

Law today isn't nearly as fun as it used to be. Cases used to be won by the attorney quickest on his feet instead of the attorney most adept at doing legal research. That is why Proctor was one of the best.

Just as practicing law evolved into something greater than scenes of Atticus Finch in To Kill a Mockingbird, locally Criminal Court lost some of its character when courtrooms were moved from the courthouse to the Justice Center. The Justice Center is nice enough but it doesn't have the little side room where attorneys would gather while waiting for their cases to be called.

Leaning back in a chair by an open window facing Main St., cigarette in hand and a shroud of smoke over his shoulders, Proctor would hold court of his own.

He would tell jokes. He would ask about the latest gossip making the coffee shops, and he would relate a lifetime of experiences in the courtroom. Proctor was a walking encyclopedia of local jurisprudence folklore. And he knew how to tell a story.

Proctor always punctuated his stories with a chuckle and that twinkle always let you know the gears inside that head were working overtime.

Lingering illnesses took its toll on Proctor, eventually forcing him into retirement. Through it all, Proctor never lost his love for the practice of law. For years to come, when attorneys and judges and reporters are found in one place talking about past cases and judicial experiences, the name Proctor will come up.

Proctor Upchurch. He was a good criminal defense attorney, and he loved law. He was one of the best our area has ever seen.

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Mike Moser is the editor of the Crossville Chronicle. His column is published periodically on Fridays.