Barbara Durham
Encyclopedia
Barbara M. Durham was the first-ever female chief justice of the Washington Supreme Court
. She also was a former federal judicial nominee to the U.S. Court of Appeals for the Ninth Circuit.
, Durham graduated with a bachelor's degree in finance from Georgetown University
. After working for one year at Merrill Lynch
, Durham attended Stanford Law School
, where she earned a law degree in 1968.
in 1977. In 1980, Washington Governor Dixy Lee Ray
appointed Durham to the Washington Court of Appeals
. In 1985, Governor John Spellman
appointed her to the Washington Supreme Court
. Durham was chosen as Chief Justice by her peers in 1995. Durham stepped down as Chief Justice in 1998.
"I have a personal bias in favor of judges working their way up through the judicial system, so that when one gets to the higher court, one is familiar with the system, bottom to top," Durham once said. Durham was Washington's first judge to ever serve at all four levels of the state's courts.
nominated Durham to a seat on the U.S. Court of Appeals for the Ninth Circuit that had been vacated by Judge Betty Binns Fletcher
taking senior status
. The conservative Durham's nomination by a Democratic president was part of a deal brokered between the White House and Washington's senators at the time, Slade Gorton
and Patty Murray
. Gorton, a Republican, had insisted on Clinton nominating Durham—a conservative judge—to the Ninth Circuit in exchange for clearing the way for Clinton's nominations of three liberals: Ronald M. Gould
, Margaret McKeown and William Fletcher
. "This is a very happy day for me," Durham said at the time.
In late May 1999, however, Durham abruptly withdrew her name from consideration, citing her husband's heart problems. The seat later was filled by Clinton's appointment of Seattle lawyer Richard Tallman
, a Republican recommended by Gorton.
more than three years before the end of her term, declining to give any specifics. Durham had had repeated unexplained absences from the court in the months prior to her resignation, and she gave no explanation for them in her resignation letter. Durham had, however, been recovering from eye surgery during the court's spring 1999 term. "The last few years, especially while serving as chief justice, have been taxing and frequently stressful," she wrote in her resignation to Washington Gov. Gary Locke
. "Now is the time to take a fresh look at the future." She also told Locke that she was planning to "pursue some other interests related to the law."
After Durham's death, however, it came out that she had been suffering from a variety of medical problems, including early-onset Alzheimer's disease, which were the cause of her absences in her final year on the state supreme court. Durham had applied for and been granted a medical disability retirement. "I don't know how to put this delicately...Things were becoming more difficult for her than they once were," said former state Supreme Court Justice Robert Utter in an article in The Seattle Times
. "She had a special kind of courage."
, Durham died in Mount Vernon, Washington
on December 30, 2002 of kidney failure, a complication from the early-onset Alzheimer's disease that she had been suffering from. Durham was survived by her physician husband, Charles Divelbiss, who after her death set up the Barbara Durham Memorial Fund for Research in Neurodegenerative Diseases.
Washington Supreme Court
The Washington Supreme Court is the highest court in the judiciary of the U.S. state of Washington. The Court is composed of a Chief Justice and eight Justices. of the Court are elected to six-year terms...
. She also was a former federal judicial nominee to the U.S. Court of Appeals for the Ninth Circuit.
Early life and education
Born in Anacortes, WashingtonAnacortes, Washington
Anacortes is a city in Skagit County, Washington, United States. The name "Anacortes" is a consolidation of the name Anna Curtis, who was the wife of early Fidalgo Island settler Amos Bowman. Anacortes' population was 15,778 at the time of the 2010 census...
, Durham graduated with a bachelor's degree in finance from Georgetown University
Georgetown University
Georgetown University is a private, Jesuit, research university whose main campus is in the Georgetown neighborhood of Washington, D.C. Founded in 1789, it is the oldest Catholic university in the United States...
. After working for one year at Merrill Lynch
Merrill Lynch
Merrill Lynch is the wealth management division of Bank of America. With over 15,000 financial advisors and $2.2 trillion in client assets it is the world's largest brokerage. Formerly known as Merrill Lynch & Co., Inc., prior to 2009 the firm was publicly owned and traded on the New York...
, Durham attended Stanford Law School
Stanford Law School
Stanford Law School is a graduate school at Stanford University located in the area known as the Silicon Valley, near Palo Alto, California in the United States. The Law School was established in 1893 when former President Benjamin Harrison joined the faculty as the first professor of law...
, where she earned a law degree in 1968.
Professional career
Durham began her legal career as a deputy prosecuting attorney in King County, Washington. She later went into private practice.Washington state judicial service
Durham first became a judge in 1973 when she was appointed to the Mercer Island District Court, a part-time job. She was elected a judge on the King County Superior CourtKing County Superior Court
King County Superior Court, the largest trial court in Washington state, is based at the King County Courthouse, 516 Third Avenue, in downtown Seattle, Washington. It also operates a juvenile facility and a Regional Justice Center in Kent, southeast of Seattle....
in 1977. In 1980, Washington Governor Dixy Lee Ray
Dixy Lee Ray
Dixy Lee Ray was the 17th Governor of the U.S. State of Washington. She was Washington's first female governor.-Early years:...
appointed Durham to the Washington Court of Appeals
Washington Court of Appeals
The Washington Court of Appeals is the intermediate level appellate court for the state of Washington.The court is divided into three divisions. Division I is based in Seattle, Division II is based in Tacoma, and Division III is based in Spokane....
. In 1985, Governor John Spellman
John Spellman
John Dennis Spellman was the 18th Governor of Washington between 1981 and 1985; before that, he was a member of the King County, Washington, County Commission from 1967 to 1969 and the King County Executive from 1969 to 1981. He was a Republican and his opponent in the 1980 election was then-State...
appointed her to the Washington Supreme Court
Washington Supreme Court
The Washington Supreme Court is the highest court in the judiciary of the U.S. state of Washington. The Court is composed of a Chief Justice and eight Justices. of the Court are elected to six-year terms...
. Durham was chosen as Chief Justice by her peers in 1995. Durham stepped down as Chief Justice in 1998.
"I have a personal bias in favor of judges working their way up through the judicial system, so that when one gets to the higher court, one is familiar with the system, bottom to top," Durham once said. Durham was Washington's first judge to ever serve at all four levels of the state's courts.
Nomination to the Ninth Circuit and withdrawal
In January 1999, President Bill ClintonBill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
nominated Durham to a seat on the U.S. Court of Appeals for the Ninth Circuit that had been vacated by Judge Betty Binns Fletcher
Betty Binns Fletcher
Betty Binns Fletcher is an American lawyer and judge. She has served as a federal judge on the San Francisco-based United States Court of Appeals for the Ninth Circuit since 1979.-Early life and education:...
taking senior status
Senior status
Senior status is a form of semi-retirement for United States federal judges, and judges in some state court systems. After federal judges have reached a certain combination of age and years of service on the federal courts, they are allowed to assume senior status...
. The conservative Durham's nomination by a Democratic president was part of a deal brokered between the White House and Washington's senators at the time, Slade Gorton
Slade Gorton
Thomas Slade Gorton III is an American politician. A Republican, he was a U.S. senator from Washington state from 1981 to 1987, and from 1989 to 2001. He held both of the state's Senate seats in his career and was narrowly defeated for reelection twice as an incumbent: in 1986 by Brock Adams, and...
and Patty Murray
Patty Murray
Patricia Lynn "Patty" Murray is the senior United States Senator from Washington and a member of the Democratic Party. Murray was first elected to the Senate in 1992, becoming Washington's first female senator...
. Gorton, a Republican, had insisted on Clinton nominating Durham—a conservative judge—to the Ninth Circuit in exchange for clearing the way for Clinton's nominations of three liberals: Ronald M. Gould
Ronald M. Gould
Ronald Murray Gould is an American federal appeals judge who has served on the Ninth Circuit Court of Appeals since 1999.-Education and legal training:...
, Margaret McKeown and William Fletcher
William A. Fletcher
William A. Fletcher is a United States federal appeals court judge who has sat on the Ninth Circuit Court of Appeals since 1998.-Education and legal training:...
. "This is a very happy day for me," Durham said at the time.
In late May 1999, however, Durham abruptly withdrew her name from consideration, citing her husband's heart problems. The seat later was filled by Clinton's appointment of Seattle lawyer Richard Tallman
Richard Tallman
Richard C. Tallman is a federal judge for the United States Court of Appeals for the Ninth Circuit.- Early life and education :...
, a Republican recommended by Gorton.
Resignation
On September 15, 1999, Durham resigned from the Washington Supreme CourtWashington Supreme Court
The Washington Supreme Court is the highest court in the judiciary of the U.S. state of Washington. The Court is composed of a Chief Justice and eight Justices. of the Court are elected to six-year terms...
more than three years before the end of her term, declining to give any specifics. Durham had had repeated unexplained absences from the court in the months prior to her resignation, and she gave no explanation for them in her resignation letter. Durham had, however, been recovering from eye surgery during the court's spring 1999 term. "The last few years, especially while serving as chief justice, have been taxing and frequently stressful," she wrote in her resignation to Washington Gov. Gary Locke
Gary Locke
Gary Locke may refer to:*Gary Locke , Chinese American politician; U.S. Secretary of Commerce and former Governor of Washington*Gary Locke *Gary Locke...
. "Now is the time to take a fresh look at the future." She also told Locke that she was planning to "pursue some other interests related to the law."
After Durham's death, however, it came out that she had been suffering from a variety of medical problems, including early-onset Alzheimer's disease, which were the cause of her absences in her final year on the state supreme court. Durham had applied for and been granted a medical disability retirement. "I don't know how to put this delicately...Things were becoming more difficult for her than they once were," said former state Supreme Court Justice Robert Utter in an article in The Seattle Times
The Seattle Times
The Seattle Times is a newspaper serving Seattle, Washington, US. It is the largest daily newspaper in the state of Washington. It has been, since the demise in 2009 of the printed version of the rival Seattle Post-Intelligencer, Seattle's only major daily print newspaper.-History:The Seattle Times...
. "She had a special kind of courage."
Death
A resident of Oak Harbor, WashingtonOak Harbor, Washington
Oak Harbor is a city located on Whidbey Island in Island County, Washington. The population was 22,075 at the 2010 census.Oak Harbor was incorporated on May 14, 1915.-History:Oak Harbor is Whidbey Island's largest incorporated city...
, Durham died in Mount Vernon, Washington
Mount Vernon, Washington
Mount Vernon is a city in Skagit County, Washington, United States. The population was 31,743 at the 2010 census. It is one of two principal cities of and included in the Mount Vernon-Anacortes, Washington Metropolitan Statistical Area. It is the county seat of Skagit County...
on December 30, 2002 of kidney failure, a complication from the early-onset Alzheimer's disease that she had been suffering from. Durham was survived by her physician husband, Charles Divelbiss, who after her death set up the Barbara Durham Memorial Fund for Research in Neurodegenerative Diseases.