Patrick Higginbotham

Source: Wikipedia, the free encyclopedia.
Patrick Errol Higginbotham
Senior Judge of the United States Court of Appeals for the Fifth Circuit
Assumed office
August 28, 2006
Judge of the United States Court of Appeals for the Fifth Circuit
In office
July 30, 1982 – August 28, 2006
Appointed byRonald Reagan
Preceded byReynaldo Guerra Garza
Succeeded byJennifer Walker Elrod
Judge of the United States District Court for the Northern District of Texas
In office
December 12, 1975 – August 3, 1982
Appointed byGerald Ford
Preceded bySarah T. Hughes
Succeeded byA. Joe Fish
Personal details
Born
Patrick Errol Higginbotham

(1938-12-16) December 16, 1938 (age 85)
McCalla, Alabama, U.S.
Spouse
Elizabeth O'Neal Higginbotham
(died 2017)
Children2
EducationUniversity of Alabama (BA, LLB)

Patrick Errol Higginbotham (born December 16, 1938) is an American judge and lawyer who serves as a Senior United States circuit judge of the United States Court of Appeals for the Fifth Circuit.

Background and education

Judge Higginbotham was born in McCalla, Alabama, to George and Ann Higginbotham (née Tumlin).[1] The youngest of three, Higginbotham showed academic promise early in life.

Higginbotham received a Bachelor of Arts degree from the University of Alabama in 1960, attending on a tennis scholarship offered to him by then-Athletic-Director Paul "Bear" Bryant and serving as the team captain. He finished college and law school in just five years and received in 1961 a Bachelor of Laws from the University of Alabama School of Law at Tuscaloosa,[2] where he also met Elizabeth, his eventual wife of 52 years.[3]

Career

He was in the

Southern Methodist University School of Law in 1976.[4]

Federal judicial service

District court

Higginbotham was nominated by President Gerald Ford on December 2, 1975, to a seat on the United States District Court for the Northern District of Texas vacated by Judge Sarah T. Hughes. He was confirmed by the United States Senate on December 12, 1975, and received commission the same day. At the time he was appointed to the District Court, he was the youngest sitting judge in the country.[5] His service was terminated on August 3, 1982, due to elevation to the Fifth Circuit.[4] He was succeeded by Judge Joe Fish.

Appellate court

Higginbotham was nominated by President Ronald Reagan on July 1, 1982, to a seat on the United States Court of Appeals for the Fifth Circuit vacated by Judge Reynaldo Guerra Garza. He was unanimously confirmed by the Senate on July 27, 1982, and received commission on July 30, 1982. In 2005, he moved his chambers from Dallas, Texas to Austin, Texas. He assumed senior status on August 28, 2006.[4]

Supreme Court consideration

In 1986, when the nomination of Robert Bork to the Supreme Court of the United States was flailing, Higginbotham was widely considered the leading replacement candidate. After Senators Lloyd Bentsen and Dennis DeConcini came out in support of his nomination, the Reagan administration, unwilling to allow the senators to both prevent the appointment of Bork and dictate the next nominee, declined to nominate Higginbotham.[6][7] The nomination eventually went to Justice Anthony Kennedy.

Other service

For many years, Higginbotham was a faculty member at the

The Center for American and International Law, a Dallas-based organization which aims to train foreign and domestic lawyers and police officers, a Fellow of the American Bar Association, chairman of its Appellate Judges Conference, member of the Board of Editors of the ABA Journal, and advisor to the National Center for State Courts on its study of habeas corpus. He is also a lifetime member of the American Law Institute
and a member of the Board of Overseers, Institute of Civil Justice, RAND Corporation.

Speeches and writings

Higginbotham has published a number of articles in law reviews and newspapers.[8] He is also a frequent speaker on various legal topics, particularly the death penalty and the decline of jury trials, having lectured at places including the Universities of Alabama, Chicago, St. Mary's, Texas, Texas Tech, Columbia, Duke, and Penn, as well as Case Western, Northwestern, Utah, Loyola, Hofstra, the National Science Foundation, The American College of Trial Lawyers and the National Institute of Trial Advocacy.

Personal life

Higginbotham married Elizabeth O'Neal in August 1961.[3] They were married until her death from Alzheimer's disease on June 10, 2017, at the age of 78.[9] They had two daughters.

Notable opinions

Awards and recognition

See also

References

  1. ^ Texas, U.S., Birth Index, 1903-1997
  2. ^ "Patrick Higginbotham - A Brilliant, Fearless, Independent Judge" (PDF). The Texas Lawbook. 2014.
  3. ^ a b "20 Aug 1961, 74 - The Birmingham News at Newspapers.com". Newspapers.com. Retrieved 2021-08-10.
  4. ^ a b c "Higginbotham, Patrick Errol - Federal Judicial Center". www.fjc.gov.
  5. ^ a b "Patrick Higginbotham - St. Mary's Law". St. Mary's School of Law. Retrieved 2018-10-10.
  6. ^ Newsweek, Vol. 116, p. 61 (1990).
  7. ^ Jan Crawford Greenburg, Supreme Conflict: The Inside Story of the Struggle for Control of the United States Supreme Court, p. 62 (2007).
  8. ^ See, e.g., Two Judges' Perspectives on Trial by Jury, 12 Tex. Wesleyan L. Rev. 1201 (2006); So Why Do We Call Them Trial Courts?, 55 S.M.U. L. Rev. 1405 (2002); Foreword, 54 S.M.U. L. Rev. 1679 (2001); Thoughts About Professor Resnick's Paper, 148 U. Pa. L. Rev. 2197 (2000); A Note About a Colleague, 76 Tex. L. Rev. 905 (1998); The Continuing Dialogue of Federalism, 45 U. Kan. L. Rev. 985 (1997); Irving L. Goldberg Memorial, 73 Tex. L. Rev. 975 (1995); Notes on Teague, 66 S. Cal. L. Rev. 2433 (1993); Juries and the Death Penalty, 41 Case W. L. Rev. 1047 (1991); Reflections on Reform of Sec. 2254, 18 Hofstra L. Rev. 1005 (1990); Text and Precedent in Constitutional Adjudication, 73 Cornell L. Rev. 411 (1988).
  9. ^ Dallas Morning News, June 14, 2017.
  10. ^ Burka, Paul, Senior Executive Editor of Texas Monthly (2006). Exit Lines. Retrieved 2007-01-01.

External links

Legal offices
Preceded by Judge of the United States District Court for the Northern District of Texas
1975–1982
Succeeded by
Preceded by Judge of the United States Court of Appeals for the Fifth Circuit
1982–2006
Succeeded by