Otto Kerner (February 22, 1884 – December 13, 1952) was the

attorney general of Illinois The Illinois Attorney General is the highest legal officer of the state of Illinois in the United States. Originally an appointed office, it is now an office filled by statewide election. Based in Chicago and Springfield, Illinois, the attorney ...

and a

United States circuit judge In the United States, federal judges are judges who serve on courts established under Article Three of the U.S. Constitution. They include the chief justice and the associate justices of the U.S. Supreme Court, the circuit judges of the U.S. Cou ...

of the United States Court of Appeals for the Seventh Circuit. He was a member of the

Democratic Party Democratic Party most often refers to: *Democratic Party (United States) Democratic Party and similar terms may also refer to: Active parties Africa *Botswana Democratic Party *Democratic Party of Equatorial Guinea *Gabonese Democratic Party *Demo ...

Education and career

Kerner was born in

Chicago (''City in a Garden''); I Will , image_map = , map_caption = Interactive Map of Chicago , coordinates = , coordinates_footnotes = , subdivision_type = Country , subdivision_name ...

, Illinois on February 22, 1884 to Czech immigrants Karel Boromejský Kerner (1852–1912) from

Ronov nad Doubravou Ronov nad Doubravou is a town in Chrudim District in the Pardubice Region of the Czech Republic. It has about 1,800 inhabitants. Administrative parts The villages of Mladotice and Moravany are administrative parts of Ronov nad Doubravou. Geograp ...

, and Josefa ée Šejbová(1855–1921) from Hrazánky. Kerner received a

Bachelor of Laws Bachelor of Laws ( la, Legum Baccalaureus; LL.B.) is an undergraduate law degree in the United Kingdom and most common law jurisdictions. Bachelor of Laws is also the name of the law degree awarded by universities in the People's Republic of Chi ...

from

Lake Forest College Lake Forest College is a private liberal arts college in Lake Forest, Illinois. Founded in 1857 as Lind University by a group of Presbyterian ministers, the college has been coeducational since 1876 and an undergraduate-focused liberal arts inst ...

in 1905. He was in private practice of law in Chicago from 1905 to 1915. In 1911, Kerner was one of incorporators of the Bohemian Lawyers Association of Chicago. From 1915 to 1927, Kerner was a master in chancery of the Circuit Court of Cook County, Illinois. In 1927, he became a Judge of the Circuit Court of Cook County and in 1931 he became a Judge of the Illinois Appellate Court. In 1932, Kerner became

Attorney General of Illinois The Illinois Attorney General is the highest legal officer of the state of Illinois in the United States. Originally an appointed office, it is now an office filled by statewide election. Based in Chicago and Springfield, Illinois, the attorney ...

, a position he held until 1938. He was a member of the

Legal opinions in regards to the repeal of prohibition

As Illinois Attorney General, Kerner clarified the confusion as to whether

liquor Liquor (or a spirit) is an alcoholic drink produced by distillation of grains, fruits, vegetables, or sugar, that have already gone through alcoholic fermentation. Other terms for liquor include: spirit drink, distilled beverage or hard ...

could be legally sold in Illinois following the ratification of the Twenty-first Amendment, and subsequent repeal of

Prohibition Prohibition is the act or practice of forbidding something by law; more particularly the term refers to the banning of the manufacture, storage (whether in barrels or in bottles), transportation, sale, possession, and consumption of alcoholic ...

, in December 1933. Kerner opined that the state statute governing the sale of 3.2 percent beer had nothing to do with the sale of liquor and other beverages of more than 3.2 percent after Repeal. As a result of Kerner's opinion, local breweries in Chicago announced that

ale Ale is a Type of beer, type of beer brewed using a Warm fermentation, warm fermentation method, resulting in a sweet, full-bodied and fruity taste. Historically, the term referred to a drink brewed without hops. As with most beers, ale typicall ...

stout Stout is a dark, top-fermented beer with a number of variations, including dry stout, oatmeal stout, milk stout, and imperial stout. The first known use of the word ''stout'' for beer, in a document dated 1677 found in the Egerton Manuscript ...

s, and porters as strong as 4 and 5 percent would be placed on sale.

Federal judicial service

Kerner received a recess appointment from President

Franklin D. Roosevelt Franklin Delano Roosevelt (; ; January 30, 1882April 12, 1945), often referred to by his initials FDR, was an American politician and attorney who served as the 32nd president of the United States from 1933 until his death in 1945. As the ...

on November 21, 1938, to the United States Court of Appeals for the Seventh Circuit, to a new seat authorized by 52 Stat. 584. He was nominated to the same position by Roosevelt on January 5, 1939. He was confirmed by the

United States Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and pow ...

on February 1, 1939, and received his commission on February 9, 1939. He remained on the bench until his death in Chicago on December 13, 1952. Kerner was interred at the Bohemian National Cemetery in Chicago.

Family

Kerner married Rosalie ée Chmelíková(1885-1979) in Chicago in 1907. She was a Czech immigrant from

Lišov Lišov (; german: Lischau) is a town in České Budějovice District in the South Bohemian Region of the Czech Republic. It has about 4,600 inhabitants. Administrative parts Villages of Červený Újezdec, Dolní Miletín, Dolní Slověnice, Horn ...

. Their son

Otto Kerner Jr. Otto Kerner Jr. (August 15, 1908 – May 9, 1976) was an American jurist and politician who served as the 33rd governor of Illinois from 1961 to 1968 and a United States circuit judge of the United States Court of Appeals for the Seventh Circuit ...

was twice elected Democratic

Governor of Illinois The governor of Illinois is the head of government of Illinois, and the various agencies and departments over which the officer has jurisdiction, as prescribed in the state constitution. It is a directly elected position, votes being cast by p ...

, serving from 1961 to 1968, and also served as a Judge of the Seventh Circuit from 1968 to 1974.

References

Sources

* * {{DEFAULTSORT:Kerner, Otto 1884 births 1952 deaths Burials at Bohemian National Cemetery (Chicago) Chicago City Council members Illinois Attorneys General Illinois Democrats Judges of the United States Court of Appeals for the Seventh Circuit United States court of appeals judges appointed by Franklin D. Roosevelt 20th-century American judges Judges of the Illinois Appellate Court Lawyers from Chicago American people of Bohemian descent Judges of the Circuit Court of Cook County (pre-1964 reorganization) American people of Czech descent