Legal Legacy: Ohio’s First Black Justice

Robert Morton Duncan (1927-2012).
As the Supreme Court of Ohio honors perseverance and achievement throughout Black History Month, we remember one of the Court’s own trailblazers.
Robert Morton Duncan, the first Black justice to sit on the Supreme Court of Ohio, was born in Urbana in 1927. Although he attended a desegregated school, his neighborhood remained segregated. After graduating from Ohio State University with a bachelor’s degree in 1948 and a law degree in 1952, Duncan worried about his future in the legal profession as a Black lawyer.
Despite the scarcity of Black attorneys, Duncan began his career working for Ohio Attorney General William Saxbe after serving in the Korean War from 1952 to 1956. When Saxbe lost his reelection bid, Duncan became an attorney for the Industrial Commission of the Bureau of Workers’ Compensation. When Saxbe was elected attorney general again in 1962, Duncan returned to the office.
In 1966, Duncan achieved one of his many historic firsts, becoming the first Black American appointed to judicial office in Franklin County. From there, Gov. James A. Rhodes appointed him to the Supreme Court of Ohio in 1969, making Duncan the first Black justice to serve on the Supreme Court. After winning election in 1970 to retain his seat, Justice Duncan also became the first Black American to win a statewide election in Ohio.
In 1971, President Richard Nixon appointed Justice Duncan to the U.S. Court of Military Appeals, making him the first Black judge to serve on the nation’s highest court for military personnel.
Nixon appointed Duncan again in 1974, this time to the U.S. District Court for Southern Ohio, where he became the first Black person to be appointed to a federal bench position in the state.
In 1977, Duncan issued one of the most significant decisions of his career in Penick v. Columbus Board of Education, ordering the desegregation of Columbus schools.
Although his judicial career ended in 1985, Robert Morton Duncan’s legacy endures. Since his tenure on the Supreme Court of Ohio, three more Black justices have served: Justice Lloyd O. Brown, Justice Yvette McGee Brown, and Justice Melody J. Stewart.
The Supreme Court honored Duncan’s service and accomplishments with a judicial portrait dedication in 2013.
As America is preparing for its 250th birthday on July 4, 2026, the Supreme Court of Ohio is celebrating the semiquincentennial with a year-long celebration called “The Story of America" highlighting significant historical events. Beyond digital content, the yearlong celebration includes events and displays at the Supreme Court. The initiative aims to spark curiosity, enhance civic literacy, and honor key moments in American and Ohio history.