SEPTEMBERJuly 2020 2009 SEPTEMBERNOVEMBERNOVEMBER 20082009 2008 LocalLocal Rules Rules vs. vs. Standing Standing Orders Orders JarvisJarvis Oral Oral History History No Watergate with Judge Taylor TheThe courts courts have have long long had had Standing Standing Orders, Orders, plus plus Local Local Rules, Rules, and and InIn his his oral oral history, history, conducted conducted by by the the Court Court Historical Historical Society Society in in sometimessometimes it it hasn’t hasn’t been been easy easy to to determine determine in in which which of of these these cat cat-- 2001,2001, Judge Judge James James H. H. Jarvis Jarvis43 gave Yearsgave an an interestingAgo interesting account account of of the the egoriesegories a adirective directive issued issued by by the the court court should should be be placed. placed. occasionoccasion on on which which he he received received a atelephone telephone call call from from President President Reagan“EveryReagan tellingmember telling him him of he thehe was waspress going going corps to to nominatewas nominate interested Judge Judge in Jarvis Jarvis finding for for the thehis own AA July July 1927 1927 booklet booklet in in the the Court Court Historical Historical Society’s Society’s archives archives re re-- federalWatergate.”federal judgeship. judgeship. flectsflects the the similarity similarity ofof the the directives.directives. TheThe 36-page36-page bookletbooklet is is titled titled “Rules“Rules of of the the United United States States District District Court Court for for the the Eastern Eastern Dis Dis-- “TheThese“The President President were the called called words my my houseof house former on on the theKnoxville first first dayday law ofof SeptemberclerkSeptemberJames 1984, 1984, tricttrict of of Tennessee.” Tennessee.” Tucked Tucked inside inside it it is is a a22-page 22-page pamphlet pamphlet titled titled andBrennanand I Iwas was dove aboutdove hunting, hunting, the news as as Ireporters Ialways always am am who on on thecovered the first first the dayday 1977 ofof SeptemSeptem trial- - “Standing“Standing Orders Orders of of the the United United States States District District Court Court for for the the East East-- ber,ofber, then- and and theMaryland the maid maid answered answered Governor the the Marvinphone phone and andMandel told told my myin wife,Baltimore, wife, ‘This ‘This is is ernern District District of of Tennessee,” Tennessee,” also also dated dated July July 1927. 1927. theconductedthe White White House House by U.S. calling calling District Judge Judge JudgeJarvis.’ Jarvis.’ RobertMy My wife wife L. took took Taylor the the phone phoneof Knoxville and and explainedbyexplained special that thatassignment I Iwasn’t wasn’t there. there.of the So So Chief that that day, Justice.day, I Ididn’t didn’t get get the the word. word. OverOver the the years, years, the the court court has has issued issued updated updated copies copies of of its its Local Local Rules and made these copies available to attorneys and anyone “The next Monday, I was in the office, and sure enough, President Rules and made these copies available to attorneys and anyone “TheBrennan next accompaniedMonday, I was Judge in the Taylor office, to and Baltimore sure enough, for the President three- else desiring a copy. Today, the Local Rules are available on the Reagan called me, and he was on Air Force One at the time. He else desiring a copy. Today, the Local Rules are available on the Reaganmonth calledtrial. me, and he was on Air Force One at the time. He MAGISTRATEcourt’scourt’s Website. Website. JUDGES IN 1999–This photo was made in Chattanooga in said,said, ‘Judge ‘Judge Jarvis, Jarvis, I Ihave have some some papers papers here here that that I’m I’m going going to to sign sign July 1999, on the day of the investiture of Magistrate Judge William B. Carter, inin a aminute minute that that nominate nominate you you as as a aUnited United States States District District Judge Judge for for seated. Behind him, from the left, are Magistrate Judge Robert P. Murrian, Before leaving his two-year law clerkship in 1977, Brennan wrote InIn the the meantime, meantime, the the court court has has continued continued to to issue issue Standing Standing Or Or-- thethe Eastern Eastern District District of of Tennessee. Tennessee. What What do do you you think think about about that?’ that?’ Magistrate Judge and later U.S. District Judge Thomas W. Phillips, a 62-page summary of his recollections about the trial and about ders,ders, all all 393 393 of of which which are are filed filed in in the the Clerk’sClerk’s Office,Office, dating dating back back Magistrateto January Judge 1925. Dennis These Inman orders, and are Magistrate indexed andJudge filed John consecutively. Y. Powers. their“That’s Baltimore the way experience.he put it to me.He went‘What on do to you practice think lawabout in that?’Chicago Carter,to Murrian,January 1925.Phillips, These and Inman orders are are now indexed retired. and Powers filed is deceased.consecutively. “That’sfor many the years way heand put is itnow to me.retired. ‘What Brennan do you is think a longtime about that?’ member TheyThey provide provide a arunning running history history of of the the many many internal internal matters matters that that I Isaid, said, ‘Well, ‘Well, I’m I’m tickled tickled to to death,’ death,’ and, and, of of course, course, I Isaid, said, ‘Thank ‘Thank the court has had to deal with through the years, ranging from ofyou the so Court much. Historical I am deeply Society honored,’ and gaveand we the talked Society a while a copy about of the the courtJudicial has had Recall to deal Servicewith through – A the Pleasure years, ranging from yousummary so much. some I am time deeply ago. honored,’ and we talked a while about establishingestablishing fees fees that that the the Referee Referee in in Bankruptcy Bankruptcy could could charge charge for for thethe election--it election--it was was 1984 1984 and and he he was was going going to to run, run, and and he he want want-- By Don K. Ferguson defrayingdefraying the the expense expense of of maintaining maintaining his his office office to to changing changing the the eded to to know know how how he he was was going going to to do do down down here.” here.” “An entire book could be written about Judge’s relationship with courtcourt clerk’s clerk’s office office workwork daysdays in in 1954,1954, whenwhen the the court court waswas openopen continuedcontinued on on page page 2 2 the press throughout the trial,” Brennan wrote. It was a Page One Moston onpeople Saturdays. Saturdays. associate the term “recall” with elected government officials, but it applies in the federal judiciary also, only not with story daily for Baltimore and Washington newspapers for the duration of the trial. the negativeTheThe bankruptcy bankruptcy connotation order, order, that dated dated it doesOctober October in politics. 1928, 1928, was Justwas signed signedthe opposite. by by Judge Judge GeorgeGeorge C. C. Taylor Taylor, ,then then the the district’s district’s only only Article Article III III judge. judge. The The Sinceother otherthe mid-1980s,order, order, dated dated Decemberthere’s December been 1954 1954 a provision and and signed signed of bythe by the thelaw then then that two two dis dis-- “The press was paranoid about secrecy. It took us a long while to provides for retired magistrate judges and bankruptcy judges tricttrict judges, judges, Leslie Leslie R. R. Darr Darr and and Robert Robert L. L. Taylor Taylor, ,read read as as follows: follows: continued on page 2 to serve on re call. This program gives the retired judges an opportunityWhereasWhereas to assist it it appears appears the court to to the andthe Court Courtthe ability that that all toall federalcontinue federal offices offices on a limited arebasisare on on the a afive-day workfive-day they basisbasis have except except enjoyed the the throughClerk’sClerk’s Office, theOffice, years. andand be- be- inging of of the the opinion opinion that that the the Clerk Clerk and and his his staff staff are are entitled entitled Currently,to the the Eastern same consideration District of Tennessee and should has betwo on retired the same to the same consideration and should be on the same AA FRIENDLY FRIENDLY CHAT-- CHAT--JudgeJudge James James Jarvis Jarvis stopped stopped for for a afriendly friendly chat chat as as magistrateworkingworking judges basis servingbasis as as other onother recall federal federal status– employees, employees,William and B.and Mitchell having having he left the office on July 18, 2005. The mural on a wall of the fourth floor Carter andmade Clifford an investigation Shirley. A ofthird the one, flow Magistrate of business Judge through he left the office on July 18, 2005. The mural on a wall of the fourth floor made an investigation of the flow of business through ofof the the federal federal courthouse courthouse in in Knoxville Knoxville was was being being painted painted at at the the time, time, just just a a the Clerk’s Office on Saturday, it is concluded that the Dennis theInman Clerk’s, who Office retired on in Saturday, 2015, served it is concludedon a recall that basis the until fewfew feet feet from from where where the the judge judge stopped, stopped, and and News News Sentinel Sentinel photographer photographer J. J. April ofwork thiswork year.flowing flowing Some through throughof their the commentsthe Clerk’sClerk’s about OfficeOffice their onon serviceSaturday Saturday as MilesMiles Cary Cary, who, who was was on on hand hand to to photograph photograph the the artist artist at at work, work, snapped snapped this this recalled doesjudgesdoes not not appear justify justify below. keeping keeping [The the the office onlyoffice other openopen EDTN onon that that day.magistrateday. picturepicture of of the the judge. judge. Judge Judge Jarvis Jarvis died died two two years years later, later, on on June June 6, 6, 2007. 2007. judge to serve on recall was John Y. Powers, now deceased, who THE HISTORICAL SOCIETY THE HISTORICAL SOCIETY The Judicial Conference of the United States has recently adopt- OF THE UNITED STATES DISTRICT COURT servedThe for Judicial four years Conference after his of retirement the United in States 1999.] has recently adopt- OF THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TENNESSEE, INC. ed a report and recommendation prepared by Professor Daniel J. FOR THE EASTERN DISTRICT OF TENNESSEE, INC. ed a report and recommendation prepared by Professor Daniel J. Don K. Ferguson Don K. Ferguson Capra of Fordham Law School that contains guidelines on which Executive Director and Newsletter Editor TheCapra two Easternof Fordham District Law of School Tennessee that containsretired Bankruptcyguidelines on Judges, which Executive Director and Newsletter Editor Howard H. Baker Jr. U.S. Courthouse • 800 Market Street, Suite 130 category the court directives should be placed in. Howard H. Baker Jr. U.S. Courthouse • 800 Market Street, Suite 130 Richardcategory Stair the and court John directives Cook, areshould on the be placedBankruptcy in. Recall Knoxville, Tennessee 37902 Knoxville, Tennessee 37902 865/545-4234, Ext. 2222 • [email protected] Registry, which means they are eligible to be recalledcontinuedcontinued if they on on choosepage page 2 2 865/545-4234, Ext. 2222 • [email protected] to serve, but the ultimate decision by those on the Registry about “THE PRESS WAS VIGOROUS”–A news photographer shot this picture of whether to serve is up to the individual judge. Neither of the two U.S. District Judge Robert L. Taylor, left, with his secretary, Jean Barr, and has served on recall. The lateBankruptcy Judges Ralph Kelley law clerk James Brennan while they were in Baltimore during the lengthy trial of Maryland’s governor in 1977. continued on page 2 Newsletter July 2020 – Page 2

Judicial Recall Service continued from page 1 No Watergate with Judge Taylor continued from page 1 and Clive Bare did, however, serve on recall after their retirement. realize why the press was so skeptical about everything that was said or done by the Court in connection with the proceedings,” The compensation that recalled judges receive is an amount Brennan wrote. equivalent to their regular judicial pay minus the amount of their government annuity. “It appears from the record of the last trial [there had been an earlier trial conducted by another judge that ended in a mistrial] JUDGE CARTER’s service on recall since his retirement in 2015 that the press was told on one occasion that a juror was discharged has been with the Northern District of New York first, and later, due to a respiratory ailment, when, in fact, he was discharged from 2018 continuing to the present, with the Western District of because he had been the subject of jury tampering,” Brennan said. New York, all done electronically between his office in the Tallan Building in Chattanooga and the New York court. His assignment “We were told that when the grand jury was investigating the to these districts was made by the Administrative Office of the U.S. conduct of former Vice President Spiro Agnew [former governor Courts because of the backlog of Social Security cases there. of Maryland], one of the Washington newspapers bugged the grand jury room,” Brennan wrote. Judge Carter said he enjoys it. “I did not learn to hunt, and I did not learn to fish, so continuing to work with the court and teach “The press [at the Mandel trial] was indeed vigorous. They would college classes [UT-Chattanooga and Covenant College] seemed to go to great lengths to get a story. One reporter for the Washington be my best option.” Star seemed to seek out trouble. The marshals caught him one evening rummaging through the jury room. On another occasion, JUDGE INMAN said, “I loved my work, and leaving the people the reporter left his duffle bag in the courtroom, and it contained a behind was hard. Taking recall was a way to maintain contact. tape recorder. [Court security measures were not as tight in the 1970s as Also, I was willing to help the court with the backlog of 2255s they are today.–EDITOR] [prisoner petitions]; the court and all its judges had been better than good to me, and this was a way to pay them back in small “When one of the jurors became ill on the first Friday night of jury really measure.” Judge Inman said he “decided in April to retire, deliberations, the marshals caught the reporter trying to sneak into but I still miss it.” the juror’s hospital room.” JUDGE SHIRLEY, who retired in 2018, said It took a little while for the press to come to know Judge Taylor, his recall duties started in Greeneville, where Brennan said. “They were accustomed to secrecy and an adversary he joined recalled Magistrate Inman for a relationship between the court and the press. But the judge fulfilled while, helping until Magistrate Judge Wyrick his promise to hold proceedings in open court to the fullest extent came on board, and then he began helping possible. He dealt openly with them. Chief Judge Reeves, Judge Varlan, and Senior Judge Jordan in Knoxville with change-of-plea “By the time the trial ended, virtually every member of the press hearings and Reports and Recommendations. Judge Shirley corps stated to me that they thought the world of Judge Taylor and Judge Shirley said his recall work “has been a pleasure and a gift, wished that there were more judges like him,” Brennan wrote. to be able to assist the judges who befriended me so much over the *** years.” He said he plans to continue his recall tour of duty “into The other law clerk serving with Judge Taylor at that time and who spent the foreseeable future.” He added, “It’s also been great to be able considerable time at the Mandel trial was Charles Huddleston, today to reconnect with so many of the Court Family that I miss seeing an Atlanta lawyer and also a longtime member and supporter of the during retirement.” Court Historical Society. Governor Mandel and five co-defendants were convicted of mail fraud and racketeering charges stemming from a horse racing deal. The convictions were overturned in 1987 as the result of a Justice Sanford Book U.S. Supreme Court decision in another case.–EDITOR

The book about the lateU.S. Supreme Court Justice Edward T. Sanford and former EDTN judge has sold well, according to THE HISTORICAL SOCIETY UT Press. The title:Edward Terry Sanford, A Tennessean on the OF THE UNITED STATES DISTRICT COURT U.S. Supreme Court. The author isStephanie Slater, law clerk FOR THE EASTERN DISTRICT OF TENNESSEE, INC. for Tennessee Court of Appeals Judge John W. McClarty and a Don K. Ferguson former law clerk for U.S. District Judge Thomas W. Phillips. Executive Director and Newsletter Editor Howard H. Baker Jr. U.S. Courthouse • 800 Market Street, Suite 130 The book, now in paperback, costs $48 and is available at the gift Knoxville, Tennessee 37902 shop of the East Tennessee History Center, from Amazon, UT 865-329-4693 • [email protected] Press, and bookstores.