Harold S. Herd
Encyclopedia
Harold Shields Herd was a Kansas Supreme Court
justice (1979–1993), minority leader in the Kansas State Senate (1969–1973), mayor of Coldwater, Kansas
(1950–1954) and an officer in the U.S. Navy during World War II
.
as the second child of J.J. Herd and Bernice Shields Herd.
Following graduation from Protection High School in 1936, Herd attended Southwestern College
in Winfield, Kansas
for two years lettering in football, track and debate. He subsequently transferred to Washburn University
where he lettered in football and track. Herd received a BA degree in 1940 and a law degree in 1942. While at Washburn, he was a member of the Kansas Beta Chapter of Phi Delta Theta
.
Herd was married for 67 years to Midge Herd. Together they had six children, 13 grandchildren, five great-grandchildren, plus 15 nieces and nephews. Herd’s son, James H. "Skip" Herd, is currently the county attorney for Commanche County, a post Herd held roughly fifty years before.
During the 1950’s he served as mayor of Coldwater, Comanche County attorney, and then Coldwater City Attorney. In 1964, he ran for and won election to the Kansas State Senate as a Democrat and was Senate Minority Leader from 1969 to 1973. According to his obituary, “In all of these elected positions, he worked tirelessly in support of public education and the protection of individuals and their liberties from undue influence from the wealthy and powerful.”
In March 1979, Governor John Carlin
appointed Herd to the Kansas Supreme Court to replace retiring Justice Perry L. Owsley. Herd served on the court until 1993 helping interpret the law on a wide range of issues, including water rights, oil and gas, women’s rights, and the separation of powers. Early in Herd’s tenure on the Court, he voted to disbar Fred Phelps
.
Upon retiring from the Kansas Supreme Court, Justice Herd became the first Distinguished Jurist in Residence at Washburn University School of Law, teaching constitutional history in that position until 2002, when he retired to his home in Coldwater.
His honors included Who’s Who in America, Who’s Who in American Law, Who’s Who in American Bench and Bar; Fellow in the American and Kansas Bar Foundations; Induction into Washburn’s Sagamore Society
in 1980, Distinguished Service Award by the Kansas Bar Association
in 1991, a Distinguished Service Award from the Washburn Law School Association in 1995, and special recognition from Kansas high school teachers for his constant effort in helping students understand the constitution. The Harold S. Herd Law Scholarship at Washburn Law is named for him.
Kansas Supreme Court
The Kansas Supreme Court is the highest judicial authority in the state of Kansas. Composed of seven justices, led by Chief Justice Lawton Nuss, the Court supervises the legal profession, administers over the judicial branch, and serves as the state court of last resort in the appeals...
justice (1979–1993), minority leader in the Kansas State Senate (1969–1973), mayor of Coldwater, Kansas
Coldwater, Kansas
Coldwater is a city in and the county seat of Comanche County, Kansas, United States. As of the 2010 census, the city population was 828.-Geography:Coldwater is located at...
(1950–1954) and an officer in the U.S. Navy during World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
.
Family and Education
Herd was born in Comanche County, KansasComanche County, Kansas
Comanche County is a county located in Southwest Kansas, in the Central United States. As of the 2010 census, the county population was 1,891...
as the second child of J.J. Herd and Bernice Shields Herd.
Following graduation from Protection High School in 1936, Herd attended Southwestern College
Southwestern College (Kansas)
Southwestern College is a four-year private college affiliated with the United Methodist Church located in Winfield, Kansas, United States. It was founded in 1885 and graduated its first class in 1889. In addition to its campus programs, it offers online programs.-Academics:The main campus is a...
in Winfield, Kansas
Winfield, Kansas
Winfield is a city situated along the Walnut River in the west-central part of Cowley County, located in South Central Kansas, in the Central United States. As of the 2010 census, the city population was 12,301...
for two years lettering in football, track and debate. He subsequently transferred to Washburn University
Washburn University
Washburn University is a co-educational, public institution of higher learning in Topeka, Kansas, USA. It offers undergraduate and graduate programs, as well as professional programs in law and business. Washburn has 550 faculty members, who teach more than 6,400 undergraduate students and...
where he lettered in football and track. Herd received a BA degree in 1940 and a law degree in 1942. While at Washburn, he was a member of the Kansas Beta Chapter of Phi Delta Theta
Phi Delta Theta
Phi Delta Theta , also known as Phi Delt, is an international fraternity founded at Miami University in 1848 and headquartered in Oxford, Ohio. Phi Delta Theta, Beta Theta Pi, and Sigma Chi form the Miami Triad. The fraternity has about 169 active chapters and colonies in over 43 U.S...
.
Herd was married for 67 years to Midge Herd. Together they had six children, 13 grandchildren, five great-grandchildren, plus 15 nieces and nephews. Herd’s son, James H. "Skip" Herd, is currently the county attorney for Commanche County, a post Herd held roughly fifty years before.
Public Service Career
Following graduation from Washburn Law School, Herd joined the war effort serving in the Pacific Theater as a naval officer on the USS Rio Grande and USS Cache. He left the Navy as a Lieutenant in 1946 and returned to his hometown to practice law. He was admitted to the bar that same year.During the 1950’s he served as mayor of Coldwater, Comanche County attorney, and then Coldwater City Attorney. In 1964, he ran for and won election to the Kansas State Senate as a Democrat and was Senate Minority Leader from 1969 to 1973. According to his obituary, “In all of these elected positions, he worked tirelessly in support of public education and the protection of individuals and their liberties from undue influence from the wealthy and powerful.”
In March 1979, Governor John Carlin
John W. Carlin
John William Carlin served as fortieth Governor of Kansas from 1979 to 1987, and Archivist of the United States from May 30, 1995, to February 15, 2005.-Biography:...
appointed Herd to the Kansas Supreme Court to replace retiring Justice Perry L. Owsley. Herd served on the court until 1993 helping interpret the law on a wide range of issues, including water rights, oil and gas, women’s rights, and the separation of powers. Early in Herd’s tenure on the Court, he voted to disbar Fred Phelps
Fred Phelps
Fred Waldron Phelps, Sr. is an American pastor heading the Westboro Baptist Church , an independent Baptist church based in Topeka, Kansas...
.
Upon retiring from the Kansas Supreme Court, Justice Herd became the first Distinguished Jurist in Residence at Washburn University School of Law, teaching constitutional history in that position until 2002, when he retired to his home in Coldwater.
Tributes and Civic Activities
Herd was Past President of Coldwater Lions Club, a member of the Coldwater First Presbyterian Church, and a Master Mason, Masonic Lodge #295. He served on the Washburn Law School Board of Governors; the Kansas Committee for the Humanities; the University of Kansas Hall Center for the Humanities’ Executive Council of the Kansas Bar, and President of the Southwest Kansas Bar Association.His honors included Who’s Who in America, Who’s Who in American Law, Who’s Who in American Bench and Bar; Fellow in the American and Kansas Bar Foundations; Induction into Washburn’s Sagamore Society
Sagamore Honor Society
The Sagamore Society is the most exclusive honor society for men at Washburn University. Sagamore is not as controversial or as secretive as Yale's Skull and Bones but its members are known to include a governor, a member of Congress, two Army generals, and several judges, doctors and corporate...
in 1980, Distinguished Service Award by the Kansas Bar Association
Kansas Bar Association
The Kansas Bar Association is a voluntary, non-profit bar association for the state of Kansas with the headquarters located at 12th and Harrison St. in Topeka. The KBA has approximately 7,000 members and was founded in 1882.- Membership :...
in 1991, a Distinguished Service Award from the Washburn Law School Association in 1995, and special recognition from Kansas high school teachers for his constant effort in helping students understand the constitution. The Harold S. Herd Law Scholarship at Washburn Law is named for him.