JONESBORO - Harold Banke, a former judge of the Superior Court and the Georgia Court of Appeals, died Tuesday of respiratory failure at Emory University Hospital in Atlanta. He was 85. <br>
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When Banke was forced to retire at age 75 or forfeit his pension, he filed a lawsuit challenging the retirement age law. Banke (pronounced BANK-ee) did not win, but soon was appointed senior appellate court judge by Gov. Zell Miller. He served in that capacity until July 1, 1999, a month shy of 83. <br>
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Banke was city attorney for Riverdale and Morrow. After a brief stint as Clayton County solicitor general, he became a Superior Court judge in Clayton County in 1961. Gov. George Busbee appointed him to the appeals court in 1977. <br>
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Memorial services were planned Friday and Saturday. The body was cremated. <br>
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As a Superior Court judge, Banke once presided over a case in which F. Lee Bailey defended a preacher charged with killing a young man accused of stealing gas from a church bus. The preacher was convicted, but Bailey was impressed by Banke's handling of the case. <br>
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He gave him an autographed copy of his newly published autobiography, ``The Defense Never Rests,'' with an inscription reading: ``To Harold Banke, with every best wish, for one of the most able, even-handed jurists I have ever practiced before.''
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