Bill Text: MS SC670 | 2011 | Regular Session | Enrolled
Bill Title: Mourn the passing of former 5th U.S. Circuit Court of Appeals Judge Charles Clark.
Spectrum: Slight Partisan Bill (Democrat 6-2)
Status: (Passed) 2011-03-27 - Enrolled Bill Signed [SC670 Detail]
Download: Mississippi-2011-SC670-Enrolled.html
MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Rules
By: Senator(s) Simmons, Hopson, Tollison, Burton, Butler (38th), Dearing, Jackson (11th), Jackson (32nd)
Senate Concurrent Resolution 670
(As Adopted by Senate and House)
A CONCURRENT RESOLUTION MOURNING THE PASSING AND COMMENDING THE JUDICIAL LEGACY OF FORMER 5TH U.S. CIRCUIT COURT OF APPEALS JUDGE CHARLES CLARK.
WHEREAS, Charles Clark, who served 23 years on the 5th U.S. Circuit Court of Appeals, including 11 years as Chief Judge, passed away on March 6, 2011. He had served as a Judge on the 5th Circuit Court of Appeals from 1969-1992; and
WHEREAS, in his years on that court, he became the most significant Mississippi federal judge since L.Q.C. Lamar, who died in 1893 while serving on the U.S. Supreme Court. Judge Clark rose to the highest position of leadership for a federal judge other than being on the nation's highest court; and
WHEREAS, Fifth Circuit Judge Leslie Southwick, who was a Law Clerk for Clark in 1976-1977, said Clark was well-respected for more than just his court opinions. "When we think of him, we think of him as a very warm and generous fellow, extremely respective of everyone who came before him, who worked for him and anyone who ever met him. That says a lot about the man." Survivors include his wife, Emily; four sons; two daughters; 13 grandchildren; and 3 great-grandchildren; and
WHEREAS, Judge Clark was a fourth-generation Mississippian. His 3 immediate Clark ancestors were all lawyers. The earliest was another Charles Clark, who served as Mississippi's Governor from 1863-1865. The future judge was born in 1925, and was raised in Cleveland, Mississippi. Beginning in 1943, 18-year-old Charles Clark participated in a Navy training program while attending regular classes at Millsaps College and then at Tulane University. He was commissioned in July 1945, and was serving on a destroyer in the Pacific when World War II ended. During the Korean War, he was called back for 2 more years of Navy service; and
WHEREAS, between those 2 wars, Judge Clark attended the University of Mississippi School of Law, graduating in 1948. He practiced law in Jackson until being appointed by President Nixon in 1969 as a Judge on the 5th Circuit. At that time, the 5th Circuit heard appeals from all the federal trial courts in the 6 states from Texas across to Florida and Georgia. Due to overwhelming growth in the caseload, the 5th Circuit was reduced in 1981 to include only Mississippi, Louisiana and Texas, while the eastern 3 states formed a new circuit; and
WHEREAS, Clark was twice considered for the Supreme Court. In 1971, Clark was among 6 people President Nixon asked the American Bar Association to evaluate for 2 vacancies on the high court. Clark was one of the finalists again 4 years later. President Ford's records suggest Clark was among the final 4 considered; and
WHEREAS, during his 23 years on the 5th Circuit, Clark wrote more than 2,800 opinions. Moderately conservative, he was pragmatic in his rulings, was patient, listened, was open to points of view different from his own, commanded respect as a person without creating any distinctions, much less hierarchy. between himself as Judge and others as staff, clerk or lawyer, and had a fundamental belief and confidence in the capacity of the law to guide and inform conduct. Clark followed the law wherever it took him; and
WHEREAS, on October 1, 1981, Charles Clark became Chief Judge of the 5th Circuit and remained until he retired in 1992. As Chief Judge, Clark was a member of the U.S. Judicial Conference, which consists of the Chief Justice of the Supreme Court, the Chief Judges of the Circuit Courts, and 13 other judges. It is the principal policymaking body for the federal courts. Clark was Chairman of its Budget Committee from 1981 to 1987, and in that capacity he annually testified to congressional committees. On January 1, 1989, Clark was appointed by Chief Justice William Rehnquist as Chairman of the Executive Committee of the Conference. That is the highest position in the federal judiciary other than to serve on the Supreme Court itself; and
WHEREAS, on January 15, 1992, Judge Clark retired from the 5th Circuit. Supreme Court Justice Byron White called him "a great judge, a great leader and a remarkably wise and intelligent man." Charles Clark projected the very image of a judge. Far more importantly, he also was the reality of all a judge should be:
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF MISSISSIPPI, THE HOUSE OF REPRESENTATIVES CONCURRING THEREIN, That we do hereby mourn the passing and commend the judicial legacy of former 5th U.S. Circuit Court of Appeals Judge Charles Clark and join his colleagues in extending the sympathy of the Legislature to his surviving family on his passing.
BE IT FURTHER RESOLVED, That this resolution be presented to the surviving family of Charles Clark, forwarded to the Clerk of the 5th Circuit Court of Appeals, and made available to the Capitol Press Corps.
