Hiram Emory Widener Jr. (April 20, 1923 – September 19, 2007) was a

United States circuit judge In the United States, a federal judge is a judge who serves on a court established under Article Three of the U.S. Constitution. Often called "Article III judges", federal judges include the chief justice and associate justices of the U.S. Su ...

of the

United States Court of Appeals for the Fourth Circuit The United States Court of Appeals for the Fourth Circuit (in case citations, 4th Cir.) is a United States federal court, federal court located in Richmond, Virginia, with appellate jurisdiction over the United States district court, district cou ...

Early life and career

Born on April 20, 1923, in Abingdon,

Virginia Virginia, officially the Commonwealth of Virginia, is a U.S. state, state in the Southeastern United States, Southeastern and Mid-Atlantic (United States), Mid-Atlantic regions of the United States between the East Coast of the United States ...

, Widener received a

Bachelor of Science A Bachelor of Science (BS, BSc, B.S., B.Sc., SB, or ScB; from the Latin ') is a bachelor's degree that is awarded for programs that generally last three to five years. The first university to admit a student to the degree of Bachelor of Scienc ...

degree from the

United States Naval Academy The United States Naval Academy (USNA, Navy, or Annapolis) is a United States Service academies, federal service academy in Annapolis, Maryland. It was established on 10 October 1845 during the tenure of George Bancroft as United States Secre ...

in 1944 and then served in the

United States Navy The United States Navy (USN) is the naval warfare, maritime military branch, service branch of the United States Department of Defense. It is the world's most powerful navy with the largest Displacement (ship), displacement, at 4.5 millio ...

until 1949. In 1953 he received a

Bachelor of Laws A Bachelor of Laws (; LLB) is an undergraduate law degree offered in most common law countries as the primary law degree and serves as the first professional qualification for legal practitioners. This degree requires the study of core legal subje ...

from

Washington and Lee University School of Law The Washington and Lee University School of Law (W&L Law) is the law school of Washington and Lee University, a private liberal arts college in Lexington, Virginia. It is accredited by the American Bar Association. Facilities are on the histo ...

. He was a Lieutenant in the

United States Naval Reserve The United States Navy Reserve (USNR), known as the United States Naval Reserve from 1915 to 2004, is the Reserve Component (RC) of the United States Navy. Members of the Navy Reserve, called reservists, are categorized as being in either the S ...

from 1951 to 1952, and was in private practice in

Bristol Bristol () is a City status in the United Kingdom, cathedral city, unitary authority area and ceremonial county in South West England, the most populous city in the region. Built around the River Avon, Bristol, River Avon, it is bordered by t ...

, Virginia from 1953 to 1969. He was a Commissioner for the United States District Court for the Western District of Virginia from 1963 to 1966, and was a member of the Virginia Election Laws Study Commission from 1968 to 1969.

Federal judicial service

Widener was nominated by President

Richard Nixon Richard Milhous Nixon (January 9, 1913April 22, 1994) was the 37th president of the United States, serving from 1969 until Resignation of Richard Nixon, his resignation in 1974. A member of the Republican Party (United States), Republican ...

on June 19, 1969, to the

United States District Court for the Western District of Virginia The United States District Court for the Western District of Virginia (in case citations, W.D. Va.) is a United States district court. Appeals from the Western District of Virginia are taken to the United States Court of Appeals for the Fourth ...

, to a new seat authorized by 71 Stat. 586 following the certification of

Thomas J. Michie Thomas Johnson Michie (June 7, 1896 – April 9, 1973) was an American Attorneys in the United States, attorney and United States federal judge, United States district judge of the United States District Court for the Western District of Virginia ...

as disabled. He was confirmed by the

United States Senate The United States Senate is a chamber of the Bicameralism, bicameral United States Congress; it is the upper house, with the United States House of Representatives, U.S. House of Representatives being the lower house. Together, the Senate and ...

on July 11, 1969, and received his commission on July 14, 1969. He served as Chief Judge from 1971 to 1972. His service terminated on October 27, 1972, due to his elevation to the Fourth Circuit. Widener was nominated by President Nixon on September 25, 1972, to a seat on the

vacated by Judge Albert Vickers Bryan. He was confirmed by the Senate on October 12, 1972, and received commission on October 17, 1972. He assumed senior status on July 17, 2007. He was the last federal appeals court judge in active service to have been appointed by President Nixon. His service terminated on September 19, 2007, due to his death.

Succession controversy

Widener announced his intent to take senior status upon confirmation of his successor in 2001. William J. Haynes II had been nominated to succeed Widener but was never given a vote in the Senate. In January 2007, Haynes withdrew his candidacy for nomination to replace Widener on the Fourth Circuit. He had long been opposed by Democrats and a few

Republicans Republican can refer to: Political ideology * An advocate of a republic, a type of government that is not a monarchy or dictatorship, and is usually associated with the rule of law. ** Republicanism, the ideology in support of republics or agains ...

, and with the Democrats having regained control of the Senate, his chances for confirmation appeared to have completely vanished. On July 17, 2007, Widener took senior status unconditionally.

Death

Widener died at his home outside Abingdon on September 19, 2007, after a year-long battle with

lung cancer Lung cancer, also known as lung carcinoma, is a malignant tumor that begins in the lung. Lung cancer is caused by genetic damage to the DNA of cells in the airways, often caused by cigarette smoking or inhaling damaging chemicals. Damaged ...

References

Sources