Memphis lawyer W.J. Michael Cody, who during a decades-long career as one of the most influential, respected and progressive public figures in the city advised Dr. Martin Luther King Jr., exposed corruption in the office of Tennessee Gov. Ray Blanton and busted nightclub kingpins, has died.
Cody, 88, died Sunday at Baptist Memorial Hospital, after a long struggle with Parkinson's disease.
A lifelong Memphian, Cody never avoided a good race. An avid runner who logged 80,000 miles and participated in more than a dozen Boston Marathons, Cody ran successfully for City Council and unsuccessfully for Memphis mayor. An editorial cartoon in The Commercial Appeal that accompanied the newspaper’s endorsement of Cody for mayor in 1982 depicted the candidate in running shoes and shorts beneath his jacket and tie, next to a sign that read: “Sign Up Here for a Unified City Marathon.”
Although a longtime active Democrat and notable liberal, Cody’s service transcended partisan politics, and he was a favorite of officials of both major parties. In 1984, when Cody was appointed Attorney General of Tennessee, Republican Lamar Alexander was governor. In 2005, a Democratic governor, Phil Bredesen, appointed Cody to serve as co-chair of the Tennessee Commission on Ethics, to recommend revisions to state ethics laws.
Cody didn't pull punches or play partisan politics as a public prosecutor. In 1980, Cody's office indicted Democratic state Rep. Emmitt Ford on insurance fraud charges. Ford, who was sent to prison after being convicted, was the brother of powerful Memphis Congressman Harold Ford; Cody had served as Harold Ford's campaign coordinator in 1974.
“We were probably in the top three districts out of the 93 in the country in terms of pursing corruption,” said Memphis lawyer W. Hickman Ewing Jr., 82, who was an Assistant U.S. Attorney under Cody, before being appointed U.S. Attorney for West Tennessee by President Ronald Reagan. “The Democratic party was like, ‘If Cody’s U.S. Attorney, he shouldn’t be prosecuting us,' but Mike was totally honest. He never let politics color his decisions.”
A lawyer at the top Memphis firm of Burch Porter & Johnson since 1961, Cody represented Dr. Martin Luther King Jr. when the civil rights leader was in Memphis, in support of the city’s striking sanitation workers. As part of the BP&J legal team representing King, he successfully convinced a judge to lift the injunction that prevented strikers from marching in Memphis. He met with King at the Lorraine Motel not long before King was assassinated on the balcony outside his hotel room on April 4, 1968.
Cody once said he was motivated to be a lawyer “to change and better people’s lives.” The title of a book he co-authored in 1992 expressed his legal and political philosophy: “Honest Government: An Ethics Guide for Public Service.”
He served on the Memphis City Council from 1975 to 1977. He was the United States Attorney for the Western District of Tennessee from 1977 to 1981, and the Attorney General of Tennessee from 1984 to 1988.
While state Attorney General, Cody argued four cases before the United States Supreme Court, which Nashville lawyer John Knox Walkup — who was state AG in the 1990s — labeled "an extraordinary achievement, inasmuch as few lawyers argue any cases before that court." Walkup called Cody "a model of integrity, fairness and courage."
Cody's four years as chief federal prosecutor in West Tennessee were especially consequential. At the U.S. Attorney's office, he partnered with Nashville prosecutors to bring income tax and bid-rigging charges against members of the Blanton family, involving Blanton-owned construction companies. The corruption was so egregious it was dramatized in a Hollywood movie, "Marie," starring Sissy Spacek as a whistle-blower in the governor's office.
He also successfully prosecuted multiple Shelby County officials after exposing a 1978 scheme involving pay-offs from real estate developers, and his office exposed the drug-running and violence orchestrated by so-called "topless nightclub kingpins" in Memphis, during the heyday of the city's adult-entertainment venues.
In another high-profile case, Cody brought charges against popular WHBQ radio deejay and Elvis pal George Klein, who was indicted and convicted of mail fraud in 1977, for "conspiring to steal" the research diaries that collected data on radio audiences.
Additionally, Cody inherited some of the high-profile obscenity cases that had been originated in Memphis by his predecessor, but Cody took a pragmatic approach to such prosecutions. In 1979, he asked the federal court to dismiss obscenity charges connected to the pornographic film "The Devil in Miss Jones," citing the expense and mixed results of Memphis' "Deep Throat" trials as a reason.
"I look upon this job as a public trust," Cody said, when he was sworn in as West Tennessee's chief federal prosecutor in 1977, after being appointed by President Jimmy Carter. He pledged that "no innocent person in this distric need ever fear the operation of the law nor should any guilty person expect any consideration not dictated by justice and the law."
In a 1984 editorial, The Commercial Appeal praised Cody for his “understanding of the public’s needs” and for his “sensitivity to the concerns and problems of all the city’s citizens.”
An affable charmer with a ready smile who sometimes was described as a Kennedyesque figure, Cody as a law student was an active John F. Kennedy supporter during the 1960 presidential campaign, helping to set up “Kennedy clubs” at the University of Virginia, where Cody attended law school.
In 1982, Cody finished third in the Memphis mayoral race, earning 26 percent of the vote, behind J.O. Patterson Jr. (40.6 percent) and Dick Hackett (30 percent). The top two vote-getters faced each other in a runoff election, which Hackett won.
Cody’s bid was endorsed by both The Commercial Appeal and the Memphis Press-Scimitar, the evening daily newspaper, which ceased publication in 1983. He also had the support of much of the Memphis business community.
“Many voters saw in Cody’s candidacy a chance to set a new direction for local politics — a break with a political establishment that had held Memphis back,” The Commercial Appeal wrote, after the election.
A member of the Tennessee Sports Hall of Fame, Cody was captain of the track and basketball teams at East High School. He also ran cross-country and played basketball at Southwestern (now Rhodes College), where he earned his bachelor's degree and set several track records. In addition to running numerous marathons, he once completed a two-day, 70-mile run along the Appalachian Trail.
Lawyer Les Jones, 65, who started at Burch Porter & Johnson in 1989, said he met Mike Cody when “he was 50-something years old and looked like a Greek god,” because he was so healthy due to his running.
Also a runner, Jones participated in several marathons in Boston and elsewhere. He said Cody was “a public person but also a private person. He was not a socialite. What he liked to do was spend time with (his wife) Suzi, and his family, read about a thousand books a year, and go run.”
A nationally recognized figure, Cody was hired as technical adviser on various Hollywood legal thrillers filmed in Memphis, including Sydney Pollack's "The Firm," with Tom Cruise, Francis Ford Coppola's "The Rainmaker," with Matt Damon, and Joel Schumacher's "The Client," with Tommy Lee Jones and Susan Sarandon. He also served as local legal representative for the Rolling Stones when the British band performed in Memphis at the Liberty Bowl in 1994.
Through the years, Cody received numerous national and local awards and honors, and he served on the boards of many significant organizations, including the National Civil Rights Museum and the Memphis in May International Festival.
In 1968, in the wake of King's assassination, Cody and his friend, Memphis pastor and civil rights tactician James Lawson (who died in June at the age of 95), formed a neighborhood legal services operation to offer free aid to the sanitation workers. The idea expanded into the organization now known as Memphis Legal Services.
"When you live in the South, you can’t ignore — particularly in those years — the awfulness of segregation and oppression," said Cody, in an interview posted on the Burch Porter & Johnson website. "You are motivated to say, 'We have to keep on the case.'"
Cody leaves his wife of 42 years, Suzanna Cody; two daughters, Jane Cody of Corrales, New Mexico, and Mia Cody of Memphis; a son, Michael Cody of Germantown; three grandchildren; and two great-grandchildren. Memorial Park Funeral Home has charge.