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Franklin Dorrah Cleckley (August 1, 1940 – August 14, 2017) was an American law professor and judge. He was Arthur B. Hodges Professor of Law at West Virginia University College of Law. He taught at the law school from 1969 to 2013. He held the
endowed professorship A financial endowment is a legal structure for managing, and in many cases indefinitely perpetuating, a pool of financial, real estate, or other investments for a specific purpose according to the will of its founders and donors. Endowments are of ...
emeritus ''Emeritus'' (; female: ''emerita'') is an adjective used to designate a retired chair, professor, pastor, bishop, pope, director, president, prime minister, rabbi, emperor, or other person who has been "permitted to retain as an honorary title ...
. Cleckley was the first
African-American African Americans (also referred to as Black Americans and Afro-Americans) are an Race and ethnicity in the United States, ethnic group consisting of Americans with partial or total ancestry from sub-Saharan Africa. The term "African American ...
to serve as a justice of the
West Virginia Supreme Court of Appeals The Supreme Court of Appeals of West Virginia is the state supreme court of the state of West Virginia, the highest of West Virginia's state courts. The court sits primarily at the West Virginia State Capitol in Charleston, although from 1873 t ...
. Governor
Gaston Caperton William Gaston Caperton III (born February 21, 1940) is an American politician who served as the List of governors of West Virginia, 31st Governor of West Virginia from 1989 to 1997. He was president of the College Board, which administers the na ...
appointed Cleckley to the bench in 1994. He served on the Court until 1996.


Personal background

Cleckley was born in
Huntington, West Virginia Huntington is a city in Cabell and Wayne counties in the U.S. state of West Virginia. It is the county seat of Cabell County, and the largest city in the Huntington–Ashland metropolitan area, sometimes referred to as the Tri-State Area. A h ...
, on August 1, 1940, but was raised in McDowell County, West Virginia. He received an
A.B. degree A bachelor's degree (from Middle Latin ''baccalaureus'') or baccalaureate (from Modern Latin ''baccalaureatus'') is an undergraduate academic degree awarded by colleges and universities upon completion of a course of study lasting three to six ye ...
from Anderson College in 1962, a J.D. degree from Indiana University School of Law in 1965, and a
LL.M. A Master of Laws (M.L. or LL.M.; Latin: ' or ') is an advanced postgraduate academic degree, pursued by those either holding an undergraduate academic law degree, a professional law degree, or an undergraduate degree in a related subject. In mos ...
degree from
Harvard Law School Harvard Law School (Harvard Law or HLS) is the law school of Harvard University, a private research university in Cambridge, Massachusetts. Founded in 1817, it is the oldest continuously operating law school in the United States. Each class ...
in 1969. He also did
post-graduate Postgraduate or graduate education refers to academic or professional degrees, certificates, diplomas, or other qualifications pursued by post-secondary students who have earned an undergraduate ( bachelor's) degree. The organization and stru ...
studies at the
University of Exeter The University of Exeter is a public university , public research university in Exeter, Devon, England, United Kingdom. Its predecessor institutions, St Luke's College, Exeter School of Science, Exeter School of Art, and the Camborne School of Min ...
in England.


Professional background

Cleckley served three years in the
United States Navy The United States Navy (USN) is the maritime service branch of the United States Armed Forces and one of the eight uniformed services of the United States. It is the largest and most powerful navy in the world, with the estimated tonnage ...
during the
Vietnam War The Vietnam War (also known by #Names, other names) was a conflict in Vietnam, Laos, and Cambodia from 1 November 1955 to the fall of Saigon on 30 April 1975. It was the second of the Indochina Wars and was officially fought between North Vie ...
as a Judge Advocate General. While serving as a Navy JAG officer he earned the reputation, given by the
United States Secretary of Defense The United States secretary of defense (SecDef) is the head of the United States Department of Defense, the executive department of the U.S. Armed Forces, and is a high ranking member of the federal cabinet. DoDD 5100.1: Enclosure 2: a The s ...
, as being the most sought after attorney in
Vietnam Vietnam or Viet Nam ( vi, Việt Nam, ), officially the Socialist Republic of Vietnam,., group="n" is a country in Southeast Asia, at the eastern edge of mainland Southeast Asia, with an area of and population of 96 million, making i ...
. In 1969, Cleckley became the first African-American to join the faculty at West Virginia University College of Law. Justice Cleckley taught courses in evidence, criminal procedure and civil rights. He served as a
visiting professor In academia, a visiting scholar, visiting researcher, visiting fellow, visiting lecturer, or visiting professor is a scholar from an institution who visits a host university to teach, lecture, or perform research on a topic for which the visitor ...
at
Syracuse University Syracuse University (informally 'Cuse or SU) is a Private university, private research university in Syracuse, New York. Established in 1870 with roots in the Methodist Episcopal Church, the university has been nonsectarian since 1920. Locate ...
, the
University of Maryland The University of Maryland, College Park (University of Maryland, UMD, or simply Maryland) is a public land-grant research university in College Park, Maryland. Founded in 1856, UMD is the flagship institution of the University System of M ...
, the
University of Mississippi The University of Mississippi (byname Ole Miss) is a public research university that is located adjacent to Oxford, Mississippi, and has a medical center in Jackson. It is Mississippi's oldest public university and its largest by enrollment. ...
, the William & Mary Law School,
Louisiana State Louisiana State University (officially Louisiana State University and Agricultural and Mechanical College, commonly referred to as LSU) is a Public university, public Land-grant university, land-grant research university in Baton Rouge, Louisian ...
, and Mercer University.


Honors and awards

Justice Cleckley established the Franklin D. Cleckley Foundation in 1990, for the purpose of providing assistance for the educational and employment needs of people with prior criminal records. He has been honored with many awards that include: the West Virginia Civil Liberties Union "Civil Libertarian of the Year Award"; the West Virginia
Common Cause Common Cause is a watchdog group based in Washington, D.C., with chapters in 35 states. It was founded in 1970 by John W. Gardner, a Republican, who was the former Secretary of Health, Education, and Welfare in the administration of President L ...
Award for Public Service; the "Civil Rights Award" from the West Virginia Human Rights Commission; the West Virginia NAACP's Thurgood Marshall Award; the Neil S. Bucklew Award for Social Justice; and the West Virginia Chapter of the
National Association of Social Workers The National Association of Social Workers (NASW) is a professional organization of social workers in the United States. NASW has about 120,000 members. The NASW provides guidance, research, up to date information, advocacy, and other resources f ...
Public Citizen of the Year Award. The Justice Franklin D. Cleckley Fellowship was named and created in his honor by the West Virginia University College of Law, in conjunction with the
University of Chicago Law School The University of Chicago Law School is the law school of the University of Chicago, a private research university in Chicago, Illinois. It is consistently ranked among the best and most prestigious law schools in the world, and has many dist ...
. The fellowship provides a two-year position with the West Virginia
Innocence Project Innocence Project, Inc. is a 501(c)(3) nonprofit legal organization that is committed to exonerating individuals who have been wrongly convicted, through the use of DNA testing and working to reform the criminal justice system to prevent futur ...
. In 1992 the "Franklin D. Cleckley Symposium" was created by
West Virginia University West Virginia University (WVU) is a public land-grant research university with its main campus in Morgantown, West Virginia. Its other campuses are those of the West Virginia University Institute of Technology in Beckley, Potomac State College ...
for the purpose of having leading members of the civil rights community speak at the university.


Writings


Opinions

Cleckley wrote over 100 majority opinions for the Supreme Court, in addition to numerous concurring opinions and dissents. He was also the original drafter of the West Virginia Rules of Criminal Procedure, the West Virginia Rules of Evidence, and the drafter of the 1984 Revisions of the Local Rules of
United States District Court for the Northern District of West Virginia The United States District Court for the Northern District of West Virginia (in case citations, N.D. W. Va.) is a federal court in the Fourth Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are ...
.


Other works

Cleckley was the author of the ''Handbook on Evidence for West Virginia Lawyers'' and the ''Handbook on West Virginia Criminal Procedure''. He co-authored the Litigation Handbook on West Virginia Rules of Civil Procedure, ''Health Care and the Law'', and ''Introduction to the West Virginia Criminal Justice System and Its Laws''. Cleckley authored several law review articles for the ''
West Virginia Law Review The ''West Virginia Law Review'' is a triannual student-run law review published by the West Virginia University College of Law. It was established in 1894 and is the fourth oldest law review in the United States. History The journal underwent s ...
'', including "A Free Market Analysis of the Effects of Medical Malpractice Damage Cap Statutes: Can We Afford to Live with Inefficient Doctors?" (1991–92); "Clearly Erroneous: The Fourth Circuit's Decision to Uphold Removal of a State-Bar Disciplinary Proceeding Under the Federal Officer Removal Statute" (1989–90); "A Modest Proposal: A Psychotherapist-Patient Privilege for West Virginia" (1990–91); and "Tribute to a Champion: Thurgood Marshall" (1991–92).; He wrote a foreword entitled "Never Again" (1996) for an issue of the ''Race and Ethnic Ancestry Law Digest'' (later the ''Washington and Lee Journal of Civil Rights and Social Justice'').


Death

Cleckley died at his home in
Morgantown, West Virginia Morgantown is a city in and the county seat of Monongalia County, West Virginia, Monongalia County, West Virginia, United States, situated along the Monongahela River. The largest city in North-Central West Virginia, Morgantown is best known as th ...
, on August 14, 2017, at the age of 77.


See also

* * List of African-American jurists * List of first minority male lawyers and judges in West Virginia


References


External links

*The West Virginia & Regional History Center at
West Virginia University West Virginia University (WVU) is a public land-grant research university with its main campus in Morgantown, West Virginia. Its other campuses are those of the West Virginia University Institute of Technology in Beckley, Potomac State College ...
houses th
papers of Franklin D. Cleckley
within the Distinguished West Virginians Archives
Tribute to Professor and Justice Franklin D. Cleckley

American Inns of Court, Professor Franklin Cleckley

Justice Cleckley Fellowship

Franklin D. Cleckley Presented WV Bar Association Lifetime Achievement Award

Maurer School of Law Academy of Law Alumni Fellows

Franklin D. Cleckley Law Scholarship




{{DEFAULTSORT:Cleckley, Franklin D. 1940 births 2017 deaths African-American judges Alumni of the University of Exeter Anderson University (Indiana) alumni Harvard Law School alumni Indiana University Maurer School of Law alumni United States Navy Judge Advocate General's Corps Military personnel from West Virginia Politicians from Huntington, West Virginia People from McDowell County, West Virginia Justices of the Supreme Court of Appeals of West Virginia West Virginia University College of Law faculty Lawyers from Morgantown, West Virginia 20th-century American judges 20th-century African-American people 21st-century African-American lawyers Lawyers from Huntington, West Virginia 21st-century African-American academics 21st-century American academics