OBITUARY

Timothy Richard Malone

August 8, 1934July 16, 2013

Timothy R. Malone Timothy R. Malone 78, passed away suddenly, unexpectedly, and peacefully while visiting in Anchorage, Alaska, on Tuesday, July 16, 2013. He was born in Kellogg, Idaho, and grew up in Smelterville, Idaho and Spokane, Washington. Intending to become a Catholic Priest, he graduated from St. Edward's Seminary in Kenmore, Washington, and from Catholic University, in Washington, DC, with a Master's in Philosophy. He later shifted to law, and graduated from Harvard University Law School. He had a very distinguished career with the State of Washington Attorney General's Office, beginning in 1959. During his later years with the Office, he coordinated appellate litigation and thoroughly enjoyed arguing and preparing major cases before the US and State Supreme Courts, and other appellate courts. As Chief of the AG Office's Revenue Division for many years, he had many successes protecting the state's tax base. He was known for his able legal mind, his excellent analytical and writing skills, and his good cheer. He and Karen Fraser married in 1977. They enjoyed nearly 37 years of a happy marriage, with an active family life; an active community life; extensive national and international travel; major enjoyments hiking, mountain climbing, running, and sailing; and many warm and meaningful friendships. He was appreciated by all who knew him for his love of knowledge, his wit and gregarious laugh, his ethics, his love of conversation, and his boundless good will. He had special love for daughter Hiromi, her husband Paul, and granddaughters, Sarah and Mia. He is survived by his immediate family, numerous in-laws (each one of whom he really liked), nieces and nephews, and many cherished friends and colleagues. He was preceded in death by his parents (Spokane); his brother, Bart (Spokane); and his sister, Patricia (Seattle). His was a life of faith, service, friendship, and love. He will be greatly missed. A funeral mass will take place at St. Michael's Catholic Church, Olympia, on Thursday, July 25, at noon. Interment will follow at Calvary Cemetery, Tumwater. A donation in his memory to a charity of choice is encouraged.

Services

  • Funeral Service Thursday, July 25, 2013
  • Committal Service Thursday, July 25, 2013
REMEMBERING

Timothy Richard Malone

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Bill Collins

August 5, 2013

I have known Tim for more than 30 years. He was a friend and mentor. He taught me a lot about the practice of law, and we had a lot of fun together. When I worked with Tim in the Attorney General's Office, he was primarily an appellate lawyer, handling cases at the U.S. Supreme Court and the Washington Supreme Court. We handled a number of cases together, but the one that stands out is the National Can litigation. A bit of background. Washington's main business tax is a gross receipts tax—the B&O tax. West Virginia also imposed a B&O tax, and in 1984 the U.S. Supreme Court held that West Virginia's B&O tax violated the Commerce Clause of the U.S. Constitution. In December of 1984 the Department of Revenue received hundreds of refund claims based on the West Virginia case. Between 1985 and 1989 related National Can cases were argued once at the U.S. Supreme Court and three times at the Washington Supreme Court. The National Can Litigation was worth about One Billion dollars (that's Billion with a B). In the end we won and the state paid very little in tax refunds. Four lawyers worked on the case: Tim, Lee Johnson, Ed Mackie, and me. We joked that we were the A Team after a TV show from the 1970s. The team included a leader, a crazy man, a con man, and the enforcer—played by Mr. T, a large man with a Mohawk haircut, who beat the crap out of the bad guys. Of course in law its brain power not muscle power that counts. So Tim was our “Mr. T” (R. Malone). He was the intellectual leader of the group and he was an expert in the complex constitutional law that was involved. Tim had the ability to work his way down to the heart of a complex legal issue, and he also had the ability to think outside the box and come up with new and innovative arguments. In addition to his analytical skill, Tim was an excellent writer. Without Tim's skill and knowledge the state would have lost the National Can litigation, with disastrous consequences. Tim's legal skills were such that he could have made a fortune in private practice. Instead he spent his career as a public servant. And all the citizens of the state were better off for it. I will miss Tim.

July 29, 2013

Karen, We are so sadden to learn of Tim.
Our thoughts are with you at this time.
Bonnie and Konrad Muench
Ocean Park, Wa

Ann and Mike Ryherd

July 25, 2013

Tim was a dear man, a brilliant legal mind, and a good friend for many years. We will miss him very much.

July 25, 2013

We still cherish memories of Karen and Tim's short visit to Malaysia. It was our great priviledge to have known him. Tim will be missed by many.
Our sincere condolences.

Zerina & Dragan Medarevic
(Kuala Lumpur, Malaysia)

Nancy Peterson

July 24, 2013

My deepest sympathy to you Karen on the passing of Tim. I will keep you in my prayers.

July 24, 2013

I worked at the AG's office at the time Tim worked there. I was a young Evergreen journalism intern working as editor and PIO of the state-wide Crime Watch program. Besides journalism, my passion was the environment and protecting everything in it. It was a time when tree huggers were the strange and rare breed, but if it had been physically possible, I would have been a whale hugger. Tim was my hero for the work he did as an assistant AG ending the live capture of orca whales for zoos and aquariums. He was a good man with a good soul and a kind heart. You're in the arms of the angels. Julia McLaughlin

Michael Murphy

July 24, 2013

Tim and I clicked immediately as we were both former seminarians and we were involved in the politics of Olympia in one way or another. I was in the "Sem" for seven years, not sure about how long was Tim. While he was always 12 years older than I, our "seminary" stories we always shared involved the same faculty and rules and silly grins that only we understood. Rest in peace, Timothy.
Mike Murphy, Retired Washington State Treasurer

Michael Kenmir

July 24, 2013

I was greatly saddened to hear that Tim has passed away. My heart felt condolences to his wife, Senator Karen Fraser and their family.

July 24, 2013

My deepest sympathy to you, Karen, and to your family. You, Tim, and all your family are in my prayers. Zula Johnston

Denise Marti

July 23, 2013

Tim was like a member of our family, as is Karen. In particular, Denise practically grew up around him, having knowing Tim since junior high and having had him present at all the major occasions in her life. He was a cherished mentor for her as she made her way to law school to ultimately become an attorney. He leaves behind a number of wonderful memories for us, such as his brilliant arguments before the U.S. Supreme Court (which Denise was privileged to have been invited to), his love of Cuban black beans which we enjoyed preparing for him, and his deep faith as evidenced not only by his acts, but by the intellectual conversations he would have with Ruben on theological matters.

He was always there for us when we needed an opinion, a recommendation or an explanation. He was a person who was always willing to help you in whatever way he could. He will forever be in our hearts and minds.

Mary and Denise Marti