Goodbye, Judge Garber: South Florida Federal Magistrate, Gentle 'Giant' Has Died
Magistrate Judge Barry Garber's fellow jurists describe him as a gentleman sage with a humorous streak.
January 14, 2020 at 01:50 PM
4 minute read
U.S. Magistrate Judge Barry L. Garber for the Southern District of Florida died Sunday night at 89.
Garber rose to the Miami bench in 1991, and though he retired in 2010, he had returned as a recalled magistrate judge — which is similar to senior status for district judges.
He had been experiencing ill health after a fall several months ago.
At well over 6 feet tall, Garber cut a striking figure but was best known for his unwavering politeness and considerate demeanor toward colleagues, attorneys and litigants, according to Chief Magistrate Judge John J. O'Sullivan.
"He was the epitome of a judge, and more importantly, the epitome of a gentlemen," O'Sullivan said.
When O'Sullivan joined the court in 1999, Garber was the judge everyone recommended he speak to because "he always seemed to get things right."
"The advice he gave to me when I first became a judge was to take into consideration that lawyers appreciated having hearings, so he set a lot of matters for hearings so he could hear from the lawyers personally on the issues," O'Sullivan said.
In U.S. Magistrate Judge Jonathan Goodman's words, Garber was "a wonderful judge, a terrific lawyer and a beautiful man." Goodman replaced Garber when he took senior status in 2010, and often sought him out for sage advice.
"He was always prepared, always showed respect to the lawyers and litigants and always ran an organized court," Goodman said. "He offered to help whenever I needed it, and I did not hesitate to reach out to him in an informal way when a case or matter got thorny."
And crucially, Garber also injected a healthy dollop of humor into the court, as Goodman tells it.
"Barry was a tall man and played basketball back in the day, so he told the district judges that he submitted his magistrate judge application because he knew the court needed a center for its basketball team," Goodman said via email. "I'm going to miss him. I'm getting a lump in my throat right now as I type this, so that speaks volumes."
Garber was admitted to the Florida Bar in 1954 and began his career as an assistant state attorney before transitioning to private practice. He obtained his bachelor's degree from Emory University and his law degree from the University of Miami.
Chief District Judge K. Michael Moore said his court has lost a dear colleague who was "widely admired by the bench and bar."
"He possessed all the ingredients of an outstanding jurist; intellect, temperament, good judgement, integrity and compassion," Moore said. "He was as kind and gentle on the bench as he was off. The court mourns his loss but will remember him fondly for his devotion and dedication in the pursuit of justice. Our thoughts and prayers go out to his wife and children."
Miami-Dade Circuit Judge Robert Watson regularly appeared before Garber as a federal prosecutor, and said he had a way of commanding a courtroom — not just because of his stature.
"I think because of his height, to begin with, he would sort of command respect," Watson said. "And then he was no-nonsense, spoke very clearly and authoritatively, but at the same time treated the attorneys with respect and expected professional conduct."
Garber's funeral service will be held at Riverside Gordon Memorial Chapels at Mount Nebo in Kendall at 10:30 a.m. on Wednesday.
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