Elderkin, David M.

David M. Elderkin, 98, died Saturday, Nov. 3, 2012, at Cottage Grove Place, two days short of his 99th birthday

He is survived by his wife, Frances; and his son, David A. Elderkin (Shearon) of Cedar Rapids; and his granddaughter, Susan (Jon); and his great-grandchildren, Aidan and Aliza Stier of Seattle, Wash.

His son, Kenton W. Elderkin, preceded him in death in 2010.

Dave was born in Cedar Rapids on Nov. 5, 1913, to Amos and Elisebeth Elderkin and attended public schools there, graduating from Washington High School. He attended the University of Iowa, receiving a B.A. degree in 1935 followed by law school at Iowa where he earned a J.D. cum laude in 1937 and was inducted into the honorary society Omicron Delta Kappa.

During college he was a member of the Iowa boxing team, twice winning the all university boxing tournament at 165 pounds. He later boxed in nationwide golden glove tournaments, two times reaching the regional finals in Chicago. During his service in World War II, he acted as manager of the Marine boxing unit in the Philippines.

In 1937, Dave began a general practice of law in Cedar Rapids that continued, except for military service, until he reached the age of 90. He first associated with the law offices of L.D. Dennis and W.J. Barngrover and then formed the firm of Elderkin and Locher in 1938. The firm eventually evolved into its current name of Elderkin and Pirnie, P.L.C. in 1993.

In 1943, he enlisted in the U.S. Marine Corps and was sent to the Pacific. In 1945, he was promoted to first lieutenant and participated with the Second Marine Air Wing in the Battle of Okinawa. After being relieved of active duty in 1946, he was transferred to Marine Ready Reserve where he tried court martial cases and obtained the rank of captain in 1951.

Restarting his legal career after the war, Dave entered the Linn County Attorney's office as a deputy trial prosecutor, trying 365 indictable misdemeanor and felony cases between 1946 and 1952. His most famous prosecution was that of St. Louis physician, Dr. Robert Rutledge, who was accused of murdering his wife's lover in the Roosevelt Hotel. The case made national headlines, played to overflow galleries and filled an entire issue of True Detective Magazine.

Over the next many years, he specialized in handling civil tort litigation, particularly in the medical and hospital malpractice area. The most well-known of his cases was the lawsuit on behalf of Roy Carver of Muscatine, which asserted that Carver had been deceived by a Texas oil drilling company into investing in certain worthless oil wells in the Persian Gulf. After a six week trial in federal court in Des Moines, Judge William Hanson, in a 90-page decision, awarded judgment to Carver.

Dave was elected president of the Iowa State Bar Association in 1967 and successfully assisted in lobbying the state legislature to enact the unified court system. He was awarded The Association's highest honor, the Award of Merit, in 1972. He was also elected president of the Iowa Academy of Trial Lawyers, and in 1988 was awarded the honor of Dean of the Academy. He was also inducted as a fellow of the American College of Trial Lawyers.

He was a prolific writer on a wide range of subjects. He authored many guest columns in the Cedar Rapids Gazette, as well as articles in the Des Moines Register and other newspapers. He wrote extensively on the practice of law and the role of courts in American society, subjects that were very important to him. A number of his other writings called for the decriminalization of drugs, a subject engendering some response but on which he never wavered. He composed many eulogies on behalf of friends, co-authored a book on defense of medical malpractice cases and was associate editor of the Bar Association's Trial Practice Handbook.

Dave lectured throughout his career on legal subjects to legal, medical, civic and school groups. First and foremost he believed that courts were the last bastion in the United States protecting liberty from anarchy. He believed in lawyers and their function in society and that the practice of law is a profession and not a business. He was truly the voice of the legal system.

There will be no public visitation or funeral service.

In lieu of flowers, the family requests that memorial contributions be made to the Iowa State Bar Foundation or the Iowa Academy of Trial Lawyers.

Please leave a message, tribute or memory to the Elderkin family on our webpage, under Obituaries.

Published in The Gazette Nov. 6, 2012.