Appointed by Gov. Scott M. Matheson, Stewart joined the high court in 1979 to replace retiring justice A. H. Ellett. He served for 21 years - including three terms as associate chief justice - before health concerns prompted his retirement.

Stewart had used a wheelchair for most of his life after contracting polio while on a mission for The Church of Jesus Christ of Latter-day Saints in West Germany at the age of 23. During his recovery, doctors were less than encouraging of his goals to return to school and become a lawyer.

Stewart proved them wrong.

Former Chief Justice Gordon R. Hall recalled his old colleague's work ethic well. Stewart was one of four children raised during the Depression by his widowed mother.

"What so many people may not be aware of is the kind of determination that he had and the willingness to work so hard, which he had to do because of his physical condition," Hall said.

"Notwithstanding that, he carried a heavy load on the court and did a fine job. He knew the law very well and was a real asset to the court."

Hall also remembers Stewart's sense of humor. The late justice enjoyed quoting LDS general authority J. Golden Kimball, a spitfire cattleman known for tall tales and swearing, about which Kimball once said: "Hell, they can't excommunicate me. I repent too damned fast."

Chief Justice Christine M. Durham, who served with Stewart, said he will long be remembered for his intellect and character. Stewart was a prolific author who used passionate prose to get his point across. During his tenure Stewart authored more than 530 majority opinions including precedent-setting cases in state constitutional law and capital punishment.

Stewart wrote separately from his colleagues to either dissent or concur 300 times. In one 1993 dissent from a majority decision to uphold prayers during city council meetings, Stewart called the majority ruling "a stunning and revolutionary change" that could lead to "tyranny."

Asked about his fiery dissents, shortly before his retirement, Stewart simply said he wrote them "in the hopes of persuading one or two others to come over to my side - it's not just a matter of saying, 'I think you're wrong.' "

Stewart's daughter, Shannon Stewart Clark, remembered her father as a charismatic man who had a way with words and the common man. His interests ranged from sports and art to politics, and Stewart enjoyed a men's discussion group in which he joined friends and notables such as Sen. Bob Bennett to talk about issues of the day.

Clark fondly remembers family trips to discover small towns around the Intermountain West.

"He had an eye for beauty," she said of her father. "He'd look at a landscape and say, 'Look at all the colors,' no matter how subtle. He did that Wednesday with his grandson. He said, 'Look at that green leaf over there and how different and beautiful it is.' "

Near the end of his life, Clark said her father struggled physically, never complained, simply joking about his "dumb old body."

"He rose to the top of everything he did, and that included parenting."

Before his appointment, Stewart practiced business law as a partner at Salt Lake City's Jones, Waldo, Holbrook and McDonough. He taught at the University of Utah's law school, where he graduated at the top of his class in 1962, and also worked for the Antitrust Division of the Department of Justice.

Stewart, born in Salt Lake City, was an all-star football player at East High School.

He is survived by his wife, Elizabeth B. Stewart, and another daughter, Elizabeth Ann Whitney.

Funeral services are still being arranged.