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Remembering Justice Tobias “Toby” Barry
The Illinois legal community lost a true giant, everyone’s pal, Justice Tobias “Toby” Barry. He was a friend to so many, one of the truly good guys, and one of the most respected lawyers and jurists over the last 50+ years.
Justice Tobias “Toby” Barry, 92, of Ladd, passed away peacefully on Tuesday, April 4,2017, at the Illinois Valley Veterans Home in LaSalle, surrounded by loved ones.
Toby was born April 12, 1924, in Chicago, to Tobias Sr. and Mary (Castignari) Barry. He graduated from Ladd Grade School, St. Bede Academy, LPO Junior College, Marquette University and the University of Notre Dame Law School. He interrupted his studies at Marquette University to serve his country in the U.S. Navy during World War II, from 1943 to 1946, as a combat medic. Following his service in the Navy, he returned to Marquette University to complete his undergraduate degree in philosophy. In 1952, he earned a Juris Doctorate degree from Notre Dame Law School, and began his legal career, which spanned more than 50 years.
While practicing law, Toby was elected to the State of Illinois House of Representatives in 1960, filling the seat previously held by his father, Tobias Barry Sr., following his father’s untimely death. Toby continued to serve as a state representative for 14 years. In 1974, he was elected to the Third District Appellate Court, becoming Justice Barry. He was retained by the voters in 1984 and continued to serve on that court for 20 years, until his retirement in 1994. He was subsequently reappointed by special order of the Illinois Supreme Court to serve again on the Third District Appellate Court from 2002 to 2004. He was also appointed by special order of the Illinois Supreme Court to serve on its Worker’s Compensation Division for many years.
Toby was a founding member of the “Illinois Lawyers’ Assistance Program,” a program that assists Illinois judges and attorneys who struggle with alcohol abuse, drug dependency and mental health issues.
Toby is survived by his wife, Jan Barry, of Ladd; three sons, Mark Barry, Patrick (Mary Jo) Barry and Dan (Sue Preston) Barry; one daughter, Michele (Gilbert) Barattini; and seven grandchildren, Bianca, Grazio, Bruno and Emma Barattini, Colin Barry, and Owen and Keller Barry. He also leaves behind a host of friends and colleagues who played very important roles in his life.
One of the kindest things one can say about this great man, this truly beloved individual, this greatly respected and admired lawyer and jurist, is that no one ever said a bad word about Toby, or ever heard a disparaging remark or comment about Toby. He was a leading lawyer in his community of Ladd, in fact throughout the state of Illinois. He was a most respected and esteemed jurist and community leader. Toby will be greatly missed.
Member Comments (3)
This is a well-deserved tribute to Justice Barry. I came to know Justice Barry very early in my career while working as an appellate attorney at what is now the State Appellate Prosecutor's Office in Ottawa. Thus, I had the opportunity to argue many cases before panels that included Justice Barry. His questions were always on point and his opinions were clear and concise. I was also able to interact with Justice Barry on a number of social occasions. I thoroughly enjoyed speaking with him during those informal meetings. When I left Ottawa, Justice Barry was kind enough to act as a reference. This came in handy when I applied for the City Attorney's position in Aurora, whose Mayor was Jack Hill, a former fellow state legislator. I'm sure that Justice Barry's recommendation played no small part in my hiring.
Toby Barry was a mensch! May he rest in peace.
Thank you, Len, for this tribute to Justice Barry. I have had the privilege of practicing in Toby's home county of Bureau, and knew him as a legislator, a justice, and, most importantly, as a friend.
Among many other legacies that survive him is his son, Patrick, who is cast in the same mold of honesty, fair play and intelligence that were Toby's hallmarks. RIP Toby.
Thank you Len for capturing the true Toby Barry. I met Toby Barry more than 40 years ago when he asked me to handle a case for him in McHenry County. As we talked, I realized he was a very accomplished and delightful person. Over the years our friendship grew. We started traveling together to many places. I still remember Tim Bertschy, Toby and I sitting in a bar in Jerusalem plotting the best way to get LAP funded. We traveled everywhere together. We spent much time on fishing boats discussing our many mutual interests.
He frequently kidded me about not paying tolls when I travel on Route 39. Part of it was named for him and it should have been named for him, as he was instrumental in getting it built.
We have lost not only a great man, but a remarkable friend and mentor.
Herb Franks