James R. Browning
Encyclopedia
James Robert Browning (born October 1, 1918) is an American
judge on the United States Court of Appeals for the Ninth Circuit
. As of 2011, he has served 50 years on the court—the longest tenure in that court's history—and published over 1,000 appellate decisions. While Chief Judge of the Ninth Circuit, he oversaw numerous reforms that modernized and increased the efficiency of the circuit's administration.
Browning was raised in Belt, Montana
, where he attended public school. He was nicknamed "Tiny" as a child, only growing to an adult height of5'2" . Browning received his undergraduate degree from Montana State University
in 1938, and an LL.B. from Montana University Law School in 1941, where he graduated at the top of his class and served as editor-in-chief of the law review
. After law school, he joined the Antitrust
Division of the United States Department of Justice
in Denver, Colorado
. In 1943, he entered the United States Army
as a private
during World War II
. He spent three years in the Pacific Theatre
in military intelligence
, and earned a Bronze Star
and the rank of first lieutenant
.
Browning left the army in 1946 and returned to the Department of Justice, where he proceeded to rise through the ranks over the following seven years. He served in the Washington, D.C.
Antitrust Division office until 1948, when he moved to the Seattle office to serve as northwest regional chief. Browning came back to D.C. the following year to serve as assistant chief of the Antitrust Division's General Litigation Section, first assistant in the Civil Division from 1951-1952, and executive assistant to the U.S. Attorney General. In 1953, he organized and served as the first chief of the Executive Office for U.S. Attorneys
(EOUSA).
He left the DOJ the same year, however, to enter private practice as a partner in the firm of Perlman, Lyons & Browning in D.C. He also lectured at New York University
and Georgetown
law schools. Browning then served as Clerk of the Supreme Court of the United States
from 1958 until 1961 at the request of Chief Justice
Earl Warren
. Browning was the last clerk
of the Supreme Court
to hold the Bible at a presidential inauguration, for President
John F. Kennedy
.
On September 6, 1961, President Kennedy nominated Browning to the Ninth Circuit Court of Appeals, to a seat vacated by Walter Lyndon Pope
. Despite receiving a "Not Qualified" rating from the American Bar Association
and publicized opposition from sitting Supreme Court Justice Felix Frankfurter
, Browning was confirmed by the United States Senate
on September 14, 1961, and received his commission on September 18, 1961. Browning served as Chief Judge
of the Ninth Circuit from 1976 until 1988. During that time he reorganized and modernized its administration so as to completely eliminate its backlog and reduce by half the time spent to decide an appeal. He also spearheaded such advances as the first fully computerized docket system in a federal court and the use of e-mail
communications between judge's chambers. Browning assumed senior status
on September 1, 2000.
In 1992, Browning was awarded the Edward J. Devitt Award for Distinguished Service to Justice, which is presented annually to a federal judge. In 2001, the Montana State Bar Association gave Browning its highest honor, the Jameson Award. In 2005, the main Ninth Circuit Court of Appeals courthouse in San Francisco was named in his honor.
Browning founded two non-profit institutions for the improvement of justice: the Western Regional Justice Center in Pasadena, California
, and the Ninth Judicial Circuit Historical Society, also in Pasadena.
Browning resides in Mill Valley, Marin County, California. He is the last circuit judge remaining from the Kennedy Administration.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
judge on the United States Court of Appeals for the Ninth Circuit
United States Court of Appeals for the Ninth Circuit
The United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...
. As of 2011, he has served 50 years on the court—the longest tenure in that court's history—and published over 1,000 appellate decisions. While Chief Judge of the Ninth Circuit, he oversaw numerous reforms that modernized and increased the efficiency of the circuit's administration.
Browning was raised in Belt, Montana
Belt, Montana
Belt is a town in Cascade County, Montana, United States. The population was 635 at the 2000 census. It is part of the Great Falls Metropolitan Area.The town's main street is called Castner after its founder, John Castner...
, where he attended public school. He was nicknamed "Tiny" as a child, only growing to an adult height of
Montana State University - Bozeman
Montana State University – Bozeman is a public university located in Bozeman, Montana. It is the state's land-grant university and primary campus in the Montana State University System, which is part of the Montana University System...
in 1938, and an LL.B. from Montana University Law School in 1941, where he graduated at the top of his class and served as editor-in-chief of the law review
Law review
A law review is a scholarly journal focusing on legal issues, normally published by an organization of students at a law school or through a bar association...
. After law school, he joined the Antitrust
Antitrust
The United States antitrust law is a body of laws that prohibits anti-competitive behavior and unfair business practices. Antitrust laws are intended to encourage competition in the marketplace. These competition laws make illegal certain practices deemed to hurt businesses or consumers or both,...
Division of the United States Department of Justice
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
in Denver, Colorado
Denver, Colorado
The City and County of Denver is the capital and the most populous city of the U.S. state of Colorado. Denver is a consolidated city-county, located in the South Platte River Valley on the western edge of the High Plains just east of the Front Range of the Rocky Mountains...
. In 1943, he entered the United States Army
United States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...
as a private
Private (rank)
A Private is a soldier of the lowest military rank .In modern military parlance, 'Private' is shortened to 'Pte' in the United Kingdom and other Commonwealth countries and to 'Pvt.' in the United States.Notably both Sir Fitzroy MacLean and Enoch Powell are examples of, rare, rapid career...
during World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
. He spent three years in the Pacific Theatre
Pacific Theater of Operations
The Pacific Theater of Operations was the World War II area of military activity in the Pacific Ocean and the countries bordering it, a geographic scope that reflected the operational and administrative command structures of the American forces during that period...
in military intelligence
Military intelligence
Military intelligence is a military discipline that exploits a number of information collection and analysis approaches to provide guidance and direction to commanders in support of their decisions....
, and earned a Bronze Star
Bronze Star Medal
The Bronze Star Medal is a United States Armed Forces individual military decoration that may be awarded for bravery, acts of merit, or meritorious service. As a medal it is awarded for merit, and with the "V" for valor device it is awarded for heroism. It is the fourth-highest combat award of the...
and the rank of first lieutenant
First Lieutenant
First lieutenant is a military rank and, in some forces, an appointment.The rank of lieutenant has different meanings in different military formations , but the majority of cases it is common for it to be sub-divided into a senior and junior rank...
.
Browning left the army in 1946 and returned to the Department of Justice, where he proceeded to rise through the ranks over the following seven years. He served in the Washington, D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
Antitrust Division office until 1948, when he moved to the Seattle office to serve as northwest regional chief. Browning came back to D.C. the following year to serve as assistant chief of the Antitrust Division's General Litigation Section, first assistant in the Civil Division from 1951-1952, and executive assistant to the U.S. Attorney General. In 1953, he organized and served as the first chief of the Executive Office for U.S. Attorneys
United States Attorney
United States Attorneys represent the United States federal government in United States district court and United States court of appeals. There are 93 U.S. Attorneys stationed throughout the United States, Puerto Rico, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands...
(EOUSA).
He left the DOJ the same year, however, to enter private practice as a partner in the firm of Perlman, Lyons & Browning in D.C. He also lectured at New York University
New York University
New York University is a private, nonsectarian research university based in New York City. NYU's main campus is situated in the Greenwich Village section of Manhattan...
and Georgetown
Georgetown University Law Center
Georgetown University Law Center is the law school of Georgetown University, located in Washington, D.C.. Established in 1870, the Law Center offers J.D., LL.M., and S.J.D. degrees in law...
law schools. Browning then served as Clerk of the Supreme Court of the United States
Clerk of the Supreme Court of the United States
The Clerk of the Supreme Court of the United States is the officer of the Supreme Court of the United States responsible for overseeing filings with the Court and maintaining its records. The current Clerk is William Suter, who has served since 1991.-History:...
from 1958 until 1961 at the request of Chief Justice
Chief Justice of the United States
The Chief Justice of the United States is the head of the United States federal court system and the chief judge of the Supreme Court of the United States. The Chief Justice is one of nine Supreme Court justices; the other eight are the Associate Justices of the Supreme Court of the United States...
Earl Warren
Earl Warren
Earl Warren was the 14th Chief Justice of the United States.He is known for the sweeping decisions of the Warren Court, which ended school segregation and transformed many areas of American law, especially regarding the rights of the accused, ending public-school-sponsored prayer, and requiring...
. Browning was the last clerk
Court clerk
A court clerk is an officer of the court whose responsibilities include maintaining the records of a court. Another duty is to administer oaths to witnesses, jurors, and grand jurors...
of the Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
to hold the Bible at a presidential inauguration, for President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
John F. Kennedy
John F. Kennedy
John Fitzgerald "Jack" Kennedy , often referred to by his initials JFK, was the 35th President of the United States, serving from 1961 until his assassination in 1963....
.
On September 6, 1961, President Kennedy nominated Browning to the Ninth Circuit Court of Appeals, to a seat vacated by Walter Lyndon Pope
Walter Lyndon Pope
Walter Lyndon Pope was a United States federal judge.Born in Valparaiso, Indiana, Pope received an A.B. from the University of Nebraska in 1909 and a J.D. from the University of Chicago Law School in 1912. He was in private practice in Lincoln, Nebraska from 1912 to 1916...
. Despite receiving a "Not Qualified" rating from the American Bar Association
American Bar Association
The American Bar Association , founded August 21, 1878, is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. The ABA's most important stated activities are the setting of academic standards for law schools, and the formulation...
and publicized opposition from sitting Supreme Court Justice Felix Frankfurter
Felix Frankfurter
Felix Frankfurter was an Associate Justice of the United States Supreme Court.-Early life:Frankfurter was born into a Jewish family on November 15, 1882, in Vienna, Austria, then part of the Austro-Hungarian Empire in Europe. He was the third of six children of Leopold and Emma Frankfurter...
, Browning was confirmed by the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
on September 14, 1961, and received his commission on September 18, 1961. Browning served as Chief Judge
Chief judge
Chief Judge is a title that can refer to the highest-ranking judge of a court that has more than one judge. The meaning and usage of the term vary from one court system to another...
of the Ninth Circuit from 1976 until 1988. During that time he reorganized and modernized its administration so as to completely eliminate its backlog and reduce by half the time spent to decide an appeal. He also spearheaded such advances as the first fully computerized docket system in a federal court and the use of e-mail
E-mail
Electronic mail, commonly known as email or e-mail, is a method of exchanging digital messages from an author to one or more recipients. Modern email operates across the Internet or other computer networks. Some early email systems required that the author and the recipient both be online at the...
communications between judge's chambers. Browning assumed 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...
on September 1, 2000.
In 1992, Browning was awarded the Edward J. Devitt Award for Distinguished Service to Justice, which is presented annually to a federal judge. In 2001, the Montana State Bar Association gave Browning its highest honor, the Jameson Award. In 2005, the main Ninth Circuit Court of Appeals courthouse in San Francisco was named in his honor.
Browning founded two non-profit institutions for the improvement of justice: the Western Regional Justice Center in Pasadena, California
Pasadena, California
Pasadena is a city in Los Angeles County, California, United States. Although famous for hosting the annual Rose Bowl football game and Tournament of Roses Parade, Pasadena is the home to many scientific and cultural institutions, including the California Institute of Technology , the Jet...
, and the Ninth Judicial Circuit Historical Society, also in Pasadena.
Browning resides in Mill Valley, Marin County, California. He is the last circuit judge remaining from the Kennedy Administration.