Leslie H. Southwick

 

Leslie H. Southwick (born February 10, 1950 in Edinburg, Texas) is a current nominee to the United States Court of Appeals for the Fifth Circuit and a former judge of the Mississippi Court of Appeals.

Federal nominations

Southwick was nominated on January 9, 2007 by President George W. Bush to fill a seat on the Fifth Circuit vacated by Judge Charles W. Pickering, who retired at the end of 2004. Previously, Bush had nominated Mississippi attorney Michael Wallace to that vacancy, but that nomination stalled in the 109th Congress due to opposition from Senate Democrats. Upon the Democratic takeover of Congress in the November 2006 elections, Wallace asked President Bush not to re-nominate him in the 110th Congress.

Finding itself without a nominee to a judgeship that had already sat vacant for two years, the White House turned to Southwick, then a nominee to a position on the United States District Court for the Southern District of Mississippi. Bush had nominated him on June 9, 2006 to fill a vacancy on that court left by retired judge William H. Barbour, Jr.. Southwick had a hearing before the Senate Judiciary Committee on September 19, 2006 and was reported favorably to the floor of the Senate by the Committee on September 29, 2006. However, Southwick, like many other judicial nominees, failed to receive a vote by the full Senate before the 109th Congress adjourned for good on December 9, 2006. Pursuant to Senate rules of procedure, his nomination, along with many others, was returned to the President.

The Senate Judiciary Committee of the 110th Congress held a hearing on Southwick's nomination to the Fifth Circuit on May 10, 2007. The hearing was chaired by Rhode Island Democrat Sheldon Whitehouse. After intense Democratic opposition, Southwick was reported out of Committee by a 10-9 vote on August 2, 2007. Democratic California Senator Dianne Feinstein voted with the Committee's nine Republicans to send Southwick to the full Senate with a favorable report.

Southwick's successive federal nominations, within seven months of each other, though unusual, are not unheard of. For another example of the White House elevating a federal district nominee to a Circuit Court, see Judge Jerome A. Holmes of the United States Court of Appeals for the Tenth Circuit.

Judicial experience and professional career

Southwick was elected one of the first ten judges of the Mississippi Court of Appeals in 1994. He remained on the court until the end of 2006 when, with a nomination to a lifetime position in the federal judiciary pending, he did not run for re-election. Southwick was a on a leave of absence from the court from August 2004 to January 2006. In 2005, he served in Iraq as a Judge Advocate General with the 155th Brigade Combat Team of the Mississippi Army National Guard.

Southwick was in private practice as an attorney in Jackson, Mississippi from 1977-1989. In 1989, Southwick entered government service as a Deputy Assistant Attorney General for the United States Department of Justice Civil Division. There he supervised the one hundred and twenty-five lawyers of the Federal Programs Branch, which defends suits brought against the United States. He also supervised the Office of Consumer Litigation, a twenty-five lawyer division charged with civil and criminal enforcement of federal consumer laws.

Southwick also teaches law as an adjunct professor at the Mississippi College, and he is a member of the American Inns of Court, Charles Clark Chapter.

Controversy

Southwick's nomination has raised opposition by the People for the American Way^[1], the Human Rights Campaign^[2], and the Congressional Black Caucus^[3] alleging intolerant racial and homophobic views. Two cases chiefly form the basis for the groups' charges.

In the first case, Richmond v. Mississippi Department of Human Services, Southwick joined the majority opinion upholding the decision of the Mississippi Employee Appeals Board to reinstate a white state employee (Richmond) who was fired for a single incident of referring to a black co-worker as a “good ole nigger” outside of the co-worker's presence. When the black co-worker was informed of Richmond's comment, Richmond immediately apologized, and her apology apparently was accepted. Bound by law to affirm a decision of the Appeals Board supported by substantial factual evidence, the court held it had no authority to set aside the findings in this case, even though Richmond's remark was "undoubtedly ill-advised and indicative of a rather remarkable insensitivity."^[4]

On writ of certiorari, the Mississippi Supreme Court agreed that "the unique circumstances of this case do not warrant imposition of the ultimate penalty of dismissal." However, the court found the record was insufficient to uphold the Employee Appeals Board's decision that Richmond effectively receive no penalty whatsoever. It decided to remand the case "in order for the board to impose an appropriate penalty less than dismissal, or to make detailed findings as to why no penalty should be imposed."^[5]

The second case often cited by Southwick's critics is S.B. v. L.W., an 8-2 decision upholding a chancellor's decision to grant sole custody of an eight year old girl to her father, in part because the mother was a lesbian who had lived with several different partners during the child's life. Southwick joined the majority opinion as well as a concurrence written by Judge Payne which states, in part:

¶ 33. I do recognize that any adult may choose any activity in which to engage; however, I also am aware that such person is not thereby relieved of the consequences of his or her choice. It is a basic tenet that an individual's exercise of freedom will not also provide an escape of the consequences flowing from the free exercise of such a choice. As with the present situation, the mother may view her decision to participate in a homosexual relationship as an exertion of her perceived right to do so. However, her choice is of significant consequence, as described before in the discussion of our State's policies, in that her rights to custody of her child may be significantly impacted.^[6]

Education and clerkships

Southwick, a native Texan, graduated cum laude with a B.A. from Rice University in 1972 and earned his J.D. from the University of Texas School of Law in 1975. Following law school, Southwick clerked for the Presiding Judge, John F. Onion, Jr., of the Texas Court of Criminal Appeals from 1975-1976, and then for Judge Charles Clark on the Fifth Circuit from 1976-1977.

Personal

Southwick is married and has two children. He is Roman Catholic.

Works by Southwick

• Presidential Also-Rans & Running Mates, 1788-1996. Published by McFarland & Co., Jefferson, N.C., 1998 (2d edition)

References

1. ^ [1] Senators Should Reject Bush’s Latest Nominee to 5th Circuit; People for the American Way; May 30, 2007
2. ^ [2] Take Action! Don't Let Prejudice Trump Justice; Human Rights Campaign; August 15, 2007
3. ^ [3] The Congressional Black Caucus Denounces Appointment of Southwick; Congressional Black Caucus; August 2, 2007
4. ^ [4] Richmond v. Mississippi Dept of Human Services (Miss. Ct. App. 1998) Retrieved August 20, 2007
5. ^ [5] Richmond v. Mississippi Dept of Human Services (Miss. 1999) Retrieved August 20, 2007
6. ^ [6] S.B. v. L.W. (Miss. Ct. App. 1999), Retrieved August 20, 2007

External links

• White House Profile
• U.S. Department of Justice Nominee Resume
• Southwick Bio at the Mississippi Supreme Court
• Goodman, Julie, "Potential judicial nominees studied," Clarion-Ledger, January 2, 2007
• Kanengiser, Andy, "Bush selection for federal appeals court post under fire," Clarion-Ledger, January 10, 2007.
• Sayre, Katherine, "Bush nominates 2 in Mississippi for judgeships," The Sun-Herald, January 10, 2007.
• Radelat, Ana, "Senate Dems win delay of Southwick confirmation vote," Clarion-Ledger, May 25, 2007.
• "An Unacceptable Nominee," The New York Times, June 5, 2007.
• Bolton, Alexander, "Feinstein's flip sends Southwick to the floor," The Hill, August 3, 2007.
• "Southwick: Judicial principle worth fighting for," Clarion-Ledger, August 3, 2007.
• "Qualified to Serve," The Washington Post, August 18, 2007.
• Radelat, Ana, "Southwick allowed more time to garner support," Clarion-Ledger, October 7, 2007.

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