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    Former state Supreme Court justice, 68, dies

    By LUCY MORGAN, Times Tallahassee Bureau Chief

    © St. Petersburg Times
    published January 27, 2002


    TALLAHASSEE -- Former Supreme Court Justice Alan C. Sundberg died early Saturday in Jacksonville after a five-month battle with lung cancer.

    Mr. Sundberg, 68, was a St. Petersburg lawyer for 17 years before Gov. Reubin Askew named him to the state's highest court in 1975.

    Mr. Sundberg resigned from the court in 1982 to return to a private law practice and finish educating his children. At the time, justices were paid only $61,500 a year.

    Mr. Sundberg was named to the court at a time when its reputation had been destroyed by impeachments, resignations and scandal. By the time he left, the court had become recognized as one of the best in the nation and, with his help, it was among the first to invite cameras inside courtrooms around the state.

    "He was certainly a very instrumental part of the court at a time when the court was in need of Alan's talents," said Chief Justice Charlie Wells. "He will be remembered in Florida history as a very significant judge."

    Mr. Sundberg often shared the credit for the cleanup of the court's reputation with two other justices with Pinellas roots, Ben Overton, a former Pinellas-Pasco circuit judge who was appointed a year ahead of Mr. Sundberg, and Joseph W. Hatchet, a Clearwater native who served on the court from 1975 to 1979.

    "No one ever doubted Alan Sundberg's integrity," said Florida State University president Talbot "Sandy" D'Alemberte on Saturday. "He went on the court at a time when it needed to re-establish its credibility."

    Mr. Sundberg and Hatchett were the last two members of the Supreme Court who had to face a traditional election. Both won the right to keep their seats in 1976.

    After that, justices remained on the bench under a merit retention system, which allows voters to vote yes or no on incumbents and requires justices to be appointed by the governor after a nominating commission reviews applicants.

    While on the court, Mr. Sundberg wrote the historic 1979 decision that allowed cameras into Florida courtrooms. D'Alemberte represented the Post-Newsweek television stations that sued for access. That decision led the way to far more open courts throughout Florida.

    In private practice in Tallahassee, Mr. Sundberg was often called on to represent governors and legislators. He also represented tobacco companies in a highly publicized effort to overturn a law allowing the state to file a multimillion-dollar lawsuit for reimbursement of Medicaid money.

    He frequently appeared before his former colleagues to argue cases, a situation that occasionally saw him relying on past decisions he had written or arguing against other former justices with whom he served.

    Overton, now retired from the court, called Mr. Sundberg "a very special friend who knew the law and wanted the system to work for everyone."

    Overton said they became friends in Pinellas County in the 1950s. Mr. Sundberg was his campaign manager when Overton first ran for circuit judge in 1966.

    Mr. Sundberg left private practice with the Carlton Fields firm in Tallahassee to become general counsel at FSU in 1997, agreeing after much persuasion to spend three years helping his old friend, D'Alemberte.

    He returned to private practice in 2000 but accepted an appointment by Gov. Jeb Bush last year to FSU's Board of Trustees.

    Since 2000, he practiced law with former Attorney General Jim Smith; Brian Ballard, a former chief of staff for Gov. Bob Martinez; and Mark Logan, son-in-law of U.S. Sen. Bob Graham.

    Smith said Mr. Sundberg's death "is a terrible loss of a wonderful friend and tremendous legal talent."

    In a statement released Saturday, Bush described Mr. Sundberg as "one of Florida's foremost civic leaders for three decades" and said he was an example and a source of inspiration to everyone.

    Mr. Sundberg, a longtime pipe smoker, was diagnosed with lung cancer in July 2001 and had been receiving treatment at the Mayo Clinic in Jacksonville. He died at River Garden Hebrew House in Mandarin, a suburb of Jacksonville.

    His son, William L. Sundberg, a Tallahassee lawyer, said his father had given up smoking several years ago. Another son, Alan Jr., died in 1998 of skin cancer.

    William Sundberg said most people talked about his father's service on the Florida Supreme Court, but he always felt his father was very down to earth.

    "He could talk to the clerk in the grocery store as well as he could talk to a high official," Sundberg said. "I feel very fortunate to have been here in Tallahassee for the last 10 years with my father."

    Mr. Sundberg was born in Jacksonville on June 23, 1933, and moved to St. Petersburg after receiving his law degree from Harvard University in 1958.

    In addition to his son, he is survived by his wife, Betty Steffens, a lawyer and lobbyist in Tallahassee, and three other children: Angela Estes, Winter Park; Allison Lane, La Jolla, Calif., and Laura Sundberg, Orlando. He had eight grandchildren.

    Funeral arrangements were incomplete Saturday night but a memorial service is planned for Tuesday afternoon at St. John's Episcopal Church in Tallahassee.

    Culley's Funeral Home in Tallahassee is in charge of arrangements.

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    From the Times state desk