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Robert C. Byrd and the Fourth Circuit Court of Appeals

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Robert C. Byrd and the Fourth Circuit Court of Appeals Volume 108 Issue 3 Article 6 April 2006 Robert C. Byrd and the Fourth Circuit Court of Appeals Robert Bruce King U.S. Court of Appeals for the Fourth Circuit Follow this and additional works at: https://researchrepository.wvu.edu/wvlr Part of the Courts Commons, and the Legal Biography Commons Recommended Citation Robert B. King, Robert C. Byrd and the Fourth Circuit Court of Appeals, 108 W. Va. L. Rev. (2006). Available at: https://researchrepository.wvu.edu/wvlr/vol108/iss3/6 This Senator Robert C. Byrd Tribute Article is brought to you for free and open access by the WVU College of Law at The Research Repository @ WVU. It has been accepted for inclusion in West Virginia Law Review by an authorized editor of The Research Repository @ WVU. For more information, please contact [email protected]. King: Robert C. Byrd and the Fourth Circuit Court of Appeals ROBERT C. BYRD AND THE FOURTH CIRCUIT COURT OF APPEALS Robert Bruce King* I. INTRODUCTION .................................................................................... 607 II. HONORABLE HERBERT S. BOREMAN (1959-1982) .............................. 611 Ill. HONORABLE JOHN A. FIELD, JR. (1971-1995) ..................................... 620 IV. HONORABLE KENNETH K. HALL (1976-1999) .................................... 631 V. HONORABLE JAMES M. SPROUSE (1979-1995) ................................... 644 VI. HONORABLE M. BLANE MICHAEL (1993-PRESENT) ............................ 654 V II. C ONCLUSION ........................................................................................ 664 I. INTRODUCTION Robert Carlyle Byrd has served West Virginia with great distinction in the United States Senate since 1959. As the longest-serving senator in the his- tory of our State (and soon, of the United States), he has been involved in - and supported - the appointment of seventy-five percent of the West Virgini- ans to have served on the United States Court of Appeals for the Fourth Circuit. As a result, Senator Byrd has manifested a major impact on the jurisprudence of the Fourth Circuit - the second-highest federal court with jurisdiction in West Virginia - for nearly fifty years. Prior to Senator Byrd's first election to the Senate in 1958, only two West Virginians, Nathan Goff of Harrison County (appointed by President Har- rison in 1892) and Elliott Northcott of Cabell County (President Coolidge, 1927), had served on the Fourth Circuit Court of Appeals. Since that time, six West Virginians have so served: Herbert S. Boreman of Wood County (Presi- dent Eisenhower, 1959); John A. Field, Jr. of Kanawha County (President Nixon, 1971); Kenneth K. Hall of Boone County (President Ford, 1976); James M. Sprouse of Mingo County (President Carter, 1979); M. Blane Michael of Grant County (President Clinton, 1993); and this author.' * The author is a graduate of West Virginia University, securing an A.B. in 1961 and a J.D. in 1968. He presently serves as a United States Circuit Judge for the Fourth Circuit. I As the author of this submission, I have, to the extent feasible, excluded myself from con- sideration in it. Suffice it to say that I was appointed to the Fourth Circuit Court of Appeals in 1998 by President Clinton, on the basis of the support of Senator Byrd, for which I am exceed- ingly grateful. Disseminated by The Research Repository @ WVU, 2006 1 West Virginia Law Review, Vol. 108, Iss. 3 [2006], Art. 6 WEST VIRGINIA LAW REVIEW [Vol. 108 Article II of the Constitution vests the President with the power to ap- point federal judges, but only with the advice and consent of the Senate.2 Over the history of our Republic, the Senate's role of advice and consent has made home-state senators key players in the process of selecting and appointing the judges of the lower federal courts. By customary practice, a senator has the power to veto the confirmation of a judicial nominee from the senator's home state.3 Accordingly, Presidents generally accord great weight to the views of the home-state senators in selecting a nominee.4 Senator Byrd has proven particu- larly suited for his role in the judicial selection process, especially as that Froc- ess relates to West Virginia and the federal courts with jurisdiction here. In- deed, Senator Byrd earned a law degree, with honors, from the American Uni- versity Washington College of Law in June 1963, after ten years of part-time studies while serving in the House of Representatives and in the Senate. 6 And, in 1971, Senator Byrd was himself seriously considered b' President Nixon for an appointment to the Supreme Court of the United States. This submission seeks to assess and document Senator Byrd's very sub- stantial impact on the Fourth Circuit Court of Appeals, and seeks to accomplish this purpose by explaining the background and the contributions of the judges (other than this author) Senator Byrd has supported for Article III appointment 2 See U.S. CONST. art. II, § 2, cl. 2 (providing presidential appointment power "by and with the advice and consent of the Senate"). 3 See David S. Law, Appointing Federal Judges: The President, the Senate, and the Pris- oner's Dilemma, 26 CARDOZO L. REv. 479,487-88 (2005). 4 When he was Attorney General, Robert F. Kennedy commented that judges are appointed by the Senate with the advice and consent of the President. See MILLER CIR. COMM'N No. 7, MILLER CTR. OF PUB. AFFAIRS AT THE UNIV. OF VA., REPORT OF THE COMM'N ON THE SELECTION OF FEDERAL JUDGES 4 (1996), available at http://webstoragel.mcpa.virginia.edu/ li- brary/mc/commissions (follow "comm_1996.pdf' hyperlink). 5 See Carl Tobias, Federal Judicial Selection in the Fourth Circuit, 80 N.C. L. REv. 2001, 2028 (2002) ("[President] Clinton .. .appoint[ed] Fourth Circuit Judges Blane Michael and Robert King from West Virginia, whose rather smooth confirmations may reflect ...the political acumen of... Senator Robert Byrd."). The federal trial courts with jurisdiction in West Virginia are the United States District Court for the Southern District of West Virginia and the United States District Court for the Northern District of West Virginia. See 28 U.S.C. § 129. Appeals from rulings made by those courts flow to the Court of Appeals for the Fourth Circuit, which is headquartered in Richmond, Virginia, possessing jurisdiction in the five-state circuit composed of Maryland, North Carolina, South Carolina, Virginia, and West Virginia. See id. at § 41. 6 See ROBERT C. BYRD, CHILD OF THE APPALACHIAN COALFIELDS 57-58, 157 (Kathryn Hilt ed., 2005). 7 See id. at 306-11. Without knowing whether President Nixon would have nominated him for a seat on the Supreme Court, Senator Byrd expressed a lack of interest in being further consid- ered for such a nomination. See id. at 310. He has explained his decision as follows: "My whole political career.., had been spent in legislative bodies; I enjoyed the give-and-take of debating in the legislative forum; and, after giving much thought to the matter and having talked it over with my wife, I had had no difficulty concluding that being on the Court was not for me." Id. at 310- 11. https://researchrepository.wvu.edu/wvlr/vol108/iss3/6 2 2006] King: ROBERTRobert C. C.Byrd BYRD and ANDthe Fourth THE FOURTH Circuit Court CIRCUIT of Appeals to that court.8 As further explained below, three of these judges - Herbert S. Boreman (Eisenhower), John A. Field, Jr. (Nixon), and Kenneth K. Hall (Ford) - were appointed by Republican Presidents. The other two, James M. Sprouse and M. Blane Michael, were appointed during the administrations of Presidents Carter and Clinton, respectively. In all, five Presidents and three West Virginia senators (Robert C. Byrd, Jennings Randolph, and John D. Rockefeller IV) have been involved in the appointment process of these five judges; Senator Byrd has been the constant. This author contacted certain knowledgeable colleagues for comments on Senator Byrd's contributions to the Fourth Circuit. Among them were Judge Joseph Robert Goodwin, who has served as a district judge in the Southern Dis- trict of West Virginia since 1995, and whose own appointment was sponsored by Senator Byrd. Judge Goodwin offered the following, which appropriately sets the stage for this entire submission: With the exception of Judge Boreman, I know or knew well each of the men recommended by Senator Robert C. Byrd to the Fourth Circuit Court of Appeals. The sense of commu- nity and shared values that make West Virginia special mark each of these men. Each was and is openly proud of his West Virginia heritage. It is clear to me that Senator Byrd sought out men of character whom he found worthy of a high trust. He found six modest and pragmatic men who shared the qualities that are character. These were men with sound judgment, keen intelligence, and a West Virginian's sense of fairness. I won't talk about Judge M. Blane Michael or Judge Robert B. King although I know them best. They "grade my papers" on appeal and it would not be appropriate to polish the apple, even with the shine of truth. I'll start with Judge Herbert S. Boreman, who took senior status soon after I was admitted to the bar. I remember two things. First, I walked by his closed chambers during my first visit to the federal court in Parkersburg. I was told he was ill. I now use those chambers. Second, while I know little of his ju- 8 Article III, section 1 of the Constitution provides: The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.
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