PERSONNEL OF THE COURT Chief Judge Donald P. Lay... Senior Judge Floyd R. Gibson... Senior Judge J. Smith Henley... Judge Gerald W. Heaney... Judge Myron H. Bright... Judge Donald R. Ross... Judge Theodore McMillian... Judge Richard S. Arnold... Judge John R. Gibson... Judge George G. Fagg... Judge Pasco M. Bowman... xiv xvi xviii xx xxii xxiv xxvi xxviii xxx xxxii xxxiv
CIEF JUDGE LAY
1983-841 PERSONNEL OF THE COURT CHIEF JUDGE DONALD POMEROY LAY Born in Princeton, Illinois in 1926, Judge Lay served in the United States Navy during World War I1 and attended the United States Naval Academy. He graduated from the University of Iowa with a B.A. degree in 1949 and a law degree in 1951. The judge practiced law for fifteen years, first in Omaha and later in Milwaukee and, finally, again in Omaha. A President Johnson appointee, Judge Lay joined the Eighth Circuit Court of Appeals in 1966. Not quite forty years old at the time of his appointment, Judge Lay was the second youngest man ever appointed to a court of appeals. Judge Lay became Chief Judge in January 1980, when former Chief Judge Floyd Gibson took senior status. Judge Lay has served on the Judicial Conference Committee on Trial Practice and Technique, 1969-1970; as a consultant to the Federal Judicial Center's Advisory Committee on State-Federal Relations, 1968-1970; and the Advisory Committee on Appellate Rules, 1973-1978. He is a member of the Judicial Conference of the United States, the American Bar Association, the Nebraska Bar Association, and the Iowa Bar Association. The judge is a former member of the Executive Board of the American Judicature Society and the Board of Directors of the National Board of Trial Advocacy. He is an honorary member of the American Trial Lawyers Association, the Iowa Academy of Trial Lawyers, and the International Academy of Trial Lawyers.
JUDGE GIBSON
1983-841 PERSONNEL OF THE COURT SENIOR JUDGE FLOYD ROBERT GIBSON Judge Gibson graduated from the University of Missouri, receiving his undergraduate degree in 1931 and his law degree in 1933. Licensed to practice during his senior year in law school, Judge Gibson practiced in Independence for four years. He then joined a Kansas City firm, practicing there until 1961. In 1961 President Kennedy appointed Judge Gibson to the United States District Court for the Western District of Missouri to succeed Judge Albert A. Ridge, serving as Chief Judge from 1962 to 1965. He again followed Judge Ridge in 1965 when President Johnson appointed him to the Eighth Circuit Court of Appeals to fill the seat created by Judge Ridge's retirement. Judge Gibson served as Chief Judge from 1974 to 1980. A former member of the Missouri Senate, and President Pro Tern of that body, Judge Gibson also has served on the Executive Committee and as president of the National Legislative Conference. He served as chairman of the committee responsible for the revision of the Missouri Probate Code. Judge Gibson was appointed a member of the National Conference of Commissioners on Uniform State Laws in 1957 and still serves in that capacity as a life member. The judge is a former member of the Judicial Conference of the United States and was Chairman of the Conference of Chief Judges from 1977 to 1978. Judge Gibson is a member of the Missouri Bar Association, the Kansas City Bar Association, the Lawyers Association of Kansas City, the Federal Bar Association, and the American Bar Association. He is a former Chairman of the Judicial Administration Division of the American Bar Association and Chairman of the Appellate Judges Conference and is a member of the Institute of Judicial Administration as well as a Fellow of the American Bar Association.
JUJDG(E {henljy
1983-84] PERSONNEL OF THE COURT' SENIOR JUDGE J. SMITH HENLEY A native of Arkansas, Judge J. Smith Henley was born in St. Joe in 1917. He attended the University of Arkansas where he received a law degree in 1941. Judge Henley entered private practice in Arkansas but was frequently called to government service. From 1943 to 1945 he served as a referee in bankruptcy for the Western District of Arkansas. Beginning in 1954 he served the Eisenhower Administration, first as associate general counsel for the Federal Communications Commission and later as director of the Office of Administrative Procedure in the Justice Department. In 1958 President Eisenhower appointed Judge Henley United States District Judge for the Eastern and Western Districts of Arkansas. He served as chief judge of that court until March of 1975 when President Ford appointed him to the Eighth Circuit Court of Appeals.
JUDGE: HEJANEY
1983-84] PERSONNEL OF THE COURT' JUDGE GERALD WILLIAM HEANEY Judge Gerald William Heaney was born in Goodue, Minnesota in 1918. He attended St. Thomas College in Minnesota and graduated from the University of Minnesota with a bachelor's degree in 1939 and a law degree in 1941. Employed in the securities division of the state Department of Commerce, Judge Heaney left to enter the United States Army in 1942. He left the service in 1946 with the rank of Captain and entered private practice in Duluth. In 1966 Congress authorized an additional seat on the Eighth Circuit Court of Appeals to which President Johnson appointed Judge Heaney. He began his duties in December of 1966. Judge Heaney was a Democratic National Committeeman in 1955 and is a former member of the Board of Regents of the University of Minnesota.
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1983-84] PERSONNEL OF THE COURT! JUDGE MYRON H. BRIGHT Judge Myron H. Bright was appointed United States Circuit Judge for the Eighth Circuit in 1968. He graduated from the University of Minnesota with a B.S.L. degree in 1941 and J.D. in 1947. He served as a Captain in the United States Air Force, 1942-46. Judge Bright practiced in Fargo, North Dakota with the firm of Wattam, Vogel, Bright and Peterson. He engaged in a general practice with heavy emphasis on litigation. Since his appointment to the federal bench, Judge Bright has had a continuing involvement with legal education. He has lectured at most law schools in the Midwest, Florida, Georgia, and Hawaii, as well as at the Center for Law and Economics, previously located at the University of Miami and now located at Emory University. He has spoken before local, state, and federal bar groups and lectured at workshops at the 1982 annual meeting of the American Bar Association. His publications relating to appellate practice include "The Ten Commandments of Oral Argument," ABA Journal, Sept. 1981, and an article entitled "The Changing Nature of the Federal Appeals Process in the 1970's," 65 F.R.D. 496. Oral argument and briefwriting are also the subjects of a video taped lecture series by Judge Bright and others, distributed by the National Practice Institute.
JUDGE Itos's
1983-841 PERSONNEL OF THE COURT JUDGE DONALD R. Ross Judge Ross was born in Orleans, Nebraska in 1922. His college education was interrupted by World War II, during which he served with the United States Army Air Corps achieving the rank of Major. After the war Judge Ross continued his education receiving a law degree from the University of Nebraska in 1948. He then practiced law in Lexington, Nebraska and, after 1956, in the Omaha firm of Swarr, May, Smith, Andersen and Ross. Prior to his appointment to the Eighth Circuit Court of Appeals in 1970, Judge Ross was active in public affairs and the Republican party. In 1952 he became a member of the state Republican Party Executive Committee. In 1953 he was elected mayor of Lexington, Nebraska. From 1953 to 1956 he was the United States District Attorney for Nebraska. From 1956 to 1958 he served as general counsel for the State Republican Party. In 1958 he became a member of the party's National Committee, serving until 1970. He was Vice Chairman of the Republican National Committee from 1965-1970.
JU)GE MCMILULIAN
1983-841 PERSONNEL OF THE COURT JUDGE THEODORE McMILLIN Judge Theodore McMillian graduated from Lincoln University in Jefferson City, Missouri with a B.S. degree in 1941. He received his J.D. degree from St. Louis University School of Law in 1949. From 1953 to 1956 he served as Assistant Circuit Attorney. He was appointed circuit judge of the St. Louis Circuit Court in 1956 and served in that capacity until his appointment to the Missouri Court of Appeals, Eastern Division, in 1972. President Carter appointed Judge McMillian to the United States Court of Appeals for the Eighth Circuit in October of 1978. Judge McMillian taught at St. Louis University and was formerly an associate professor at the University of Missouri at St. Louis and the Webster College, Graduate Program. He also served on the faculty of the National College of Juvenile Justice and the National College of State Judiciaries. He was recognized as a Phi Beta Kappa Honor Initiate by St. Louis University in 1972. He was awarded a Doctor of Humanities degree by the University of Missouri at St. Louis in 1978, and a Doctor of Letters degree by Lincoln University in 1981.
JUDG,' ARNOLD
1983-84] PERSONNEL OF THE COURT JUDGE RICHARD SHEPPARD ARNOLD Judge Arnold was appointed by President Carter on February 20, 1980. He received his B.A. degree from Yale University in 1957 and his LL.B. from Harvard University in 1960. From 1960 to 1961 Judge Arnold clerked for Justice Brennan of the United States Supreme Court, after which he entered private practice. Judge Arnold was appointed United States District Judge for the Eastern and Western Districts of Arkansas by President Carter in 1978. Prior to his appointment to the federal bench, Judge Arnold served as legislative assistant to Senator Dale Bumpers in Washington from 1975 until 1978. He was legislative secretary for Governor Bumpers of Arkansas from 1973 to 1974. The Judge is a member of the American Bar Association, the District of Columbia Bar, the Arkansas and Pulaski County Bar Associations, and the American Law Institute.
JU)GE (I8 ON
1983-84] PERSONNEL OF THE COURt JUDGE JOHN R. GIBSON Judge Gibson was appointed United States Circuit Judge for the Eighth Circuit on March 9, 1982 and entered on duty March 30, 1982. He graduated from the University of Missouri at Columbia, receiving an A.B. degree in 1949, and from the University of Missouri at Columbia Law School, receiving a J.D. degree in 1952. He served as a Staff Sergeant in the United States Army, 1944-46. Judge Gibson formerly practiced law with the law firm of Morrison, Hecker, Curtis, Kuder & Parrish as an Associate, 1952-1957, and as a Partner, 1957-1982. He served on the Board of Police Commissioners, 1973-1977, served as President and president-elect of The Missouri Bar, 1976-1978, and as a United States District Judge for the Western District of Missouri, 1981-1982. Judge Gibson is married to the former Mary Elizabeth Vaughn and has two children: Jeanne and John Robert, Jr. He is a member of the American Bar Association, the Missouri Bar and the American Judicature Society.
JUDGE WAG
1983-84] PERSONNEL OF THE COURT JUDGE GEORGE G. FAGG Judge Fagg was appointed United States Circuit Judge for the Eighth Circuit on October 1, 1982 and entered on duty November 1, 1982. He graduated from Drake University, receiving a B.S. degree in 1956, and from Drake University Law School, receiving a J.D. degree in 1958. Judge Fagg practiced law, 1958-1972, and was a District Judge, State of Iowa, Second Judicial District, 1972-1982. Judge Fagg served as Chairman of the Committee on Iowa Uniform Jury Instructions, as a member of the Iowa Supreme Court Advisory Committee on the Rules of Civil Procedure, and as a faculty member at the National Judicial College. He is a member of the American Bar Association and the Iowa State Bar Association.
JUDGEP BOWMAN
1983-84] PERSONNEL OF THE COURT JUDGE PASCO M. BowMAN Honorable Pasco M. Bowman, a Fulbright scholar, received a B.A. in English from Bridgewater College, Bridgewater, Virginia in 1955. In 1958, he received his J.D. from New York University, where he served as managing editor of the law review. Prior to his appointment, he was dean and professor at the University of Missouri-Kansas City School of Law from 1979 to July 1983. He was a visiting professor at the University of Virginia School of Law in 1978-79, dean and professor at Wake Forest University Law School from 1970 to 1978, and professor of law at the University of Georgia from 1964 to 1970. From 1958 to 1964 he was associated with the New York law firm of Cravath, Swaine & Moore. Judge Bowman has served on the Board of Directors of the Gulf and Great Plains Legal Foundation. He is a member of bar associations in Missouri, North Carolina, Georgia and New York.