By Karen Andrew
The Cincinnati Enquirer

Judge Kinneary

Joseph P. Kinneary was the oldest active federal judge, having served 35 years on the bench when he retired in 2001. He was only 95.

His colleague, U.S. District Judge Susan Dlott, said Judge Kinneary really didn't want to retire and he still attended judges' meetings.

"The last time he attended, he told us, `Anybody who tells you to retire is crazy. It's terrible'," said Dlott. Law "was his whole life, his passion."

And besides his distinguished career on federal benches in Cincinnati and Columbus, Judge Kinneary even had a brush with stardom. He had a cameo role as a judge in the 2000 movie Traffic, which was partially filmed in Cincinnati.

Judge Kinneary died Friday at the age of 97 at his home in Upper Arlington, a suburb of Columbus.

He was born in Cincinnati and graduated from St. Xavier High School. He earned a bachelor's degree from the University of Notre Dame in South Bend, Ind., in 1928, and earned a law degree from the University of Cincinnati in 1935.

He was named an assistant attorney general of Ohio in 1936 at age 29.

Judge Kinneary was commissioned in 1942 in the Quartermaster Corps of the U.S. Army and served as chief counsel in the Food Procurement Division. He was honorably discharged as a captain in 1946.

While practicing law in Cincinnati in 1948, he was appointed first assistant attorney general. He also was a lecturer in the law of trusts at UC.

Judge Kinneary, a Democrat, joined a Columbus law firm in 1951 and practiced law until he was named U.S. district attorney for the Southern Ohio District by President John F. Kennedy in 1961. He was reappointed to a second four-year term in 1965 by President Lyndon B. Johnson

In 1966, he was named to the U.S. District Court seat in Columbus.

At the end of 1986, Judge Kinneary accepted senior status and became semi-retired with reduced workload.

"He was a judge that was bigger than life and a legend among other judges and lawyers," said Dlott, "He had this formality in the courtroom that terrified people."

But, she said, in his chambers and away from the court Judge Kinneary was a terrific guy.

"He would be crisp and firm in the courtroom - you always got a fair hearing," said attorney Stan Chesley, who is married to Dlott.

Judge Kinneary was quoted in 2001 as saying the highlight of his career came Sept. 18, 1998, when the five-story federal courthouse in Columbus was renamed the Kinneary U.S. Courthouse.

Judge Kinneary was active with UC College of Law activities, and served with lawyers and judges in an advisory group to the law school dean.

"He was a great patriot of UC and wanted to establish a chair at UC. He was a very frugal man, but the university was very special so he donated at least a million dollars," Chesley said.

Dlott said Judge Kinneary loved Cincinnati and always talked about it as his town.

Judge Kinneary was preceded in death by his wife, Byrnece R. Kinneary.

Survivors include a stepdaughter, Elizabeth Ann Hulsey of Darien, Conn.; three grandchildren and one great-grandchild.

A funeral Mass will be celebrated at 12:10 p.m. Thursday at St. Francis de Sales Church, 1600 Madison Road, Evanston. He will be interred in the St. Joseph Cemetery, Cincinnati.

E-mail kandrew@enquirer.com