Whether tearing up the football field at East High School, where he was an all-star player, or writing precedent-setting Utah Supreme Court opinions, I. Daniel Stewart excelled in a multitude of arenas.
On his LDS Church mission to West Germany, Justice Stewart became such a gifted speaker of German and had such a great understanding of church teachings that he lectured at universities throughout Germany. It was also during his mission that Justice Stewart contracted polio and spent the next 18 months rehabilitating in a California hospital. Much of the time he was in an iron lung and he labored to recover the most basic functions such as holding a pen. Eventually, he weaned himself from his respirator.
He later returned to the University of Utah to complete an undergraduate degree in political science, graduating in 1959 as valedictorian. Three years later, he graduated top of his class at the U.'s College of Law. Following law school, Justice Stewart worked in the anti-trust division of the Department of Justice in Washington, D.C. A few years later, Justice Stewart returned to Utah and taught constitutional law at the U.'s College of Law. He later entered private practice at the Salt Lake law firm Jones, Waldo, Holbrook and McDonough.
In January 1979, then-Gov. Scott Matheson appointed Stewart to the Utah Supreme Court. He served 21 years on the the state's high court, authoring more than 530 majority opinions, including precedent-setting rulings in state constitutional law and capital punishment. Stewart also authored 300 concurring and dissenting opinions.
In 1993, Justice Stewart was the sole dissenter from a majority decision that upheld the practice of prayer during city council meetings. Stewart scolded his "flatly wrong" colleagues for disregarding the constitutional ban on the use of government property for religious worship. Stewart wrote, "Having decided the word 'no' does not mean 'no,' the majority rewrites the constitution."
Justice Stewart's many accomplishments are perhaps even more remarkable considering his background. He was one of four children raised during the Depression by his widowed mother. After contracting polio, Justice Stewart required the use of wheelchair for the rest of his life.
But Justice Stewart possessed a tenacious will and strong work ethic. Upon passing this past week at age 72, many judicial colleagues remarked upon his profound character, quick wit, immense intellect and unique flair for legal writing. Some were deeply moved by the great effort he expended balancing his court responsibilities and his physical challenges.
Justice Stewart's funeral services will be conducted today in Salt Lake City. He is survived by his wife, Elizabeth B. Stewart, a psychologist and lawyer, and daughters, Elizabeth Ann Whitney and Shannon Stewart Clark, both members of the Utah State Bar.