Harold Montelle Stephens (March 6, 1886 – May 28, 1955) was a

United States circuit judge In the United States, federal judges are judges who serve on courts established under Article Three of the U.S. Constitution. They include the chief justice and the associate justices of the U.S. Supreme Court, the circuit judges of the U.S. Cou ...

of the

United States Court of Appeals for the District of Columbia Circuit The United States Court of Appeals for the District of Columbia Circuit (in case citations, D.C. Cir.) is one of the thirteen United States Courts of Appeals. It has the smallest geographical jurisdiction of any of the U.S. federal appellate cou ...

Education and career

Born in

Crete Crete ( el, Κρήτη, translit=, Modern: , Ancient: ) is the largest and most populous of the Greek islands, the 88th largest island in the world and the fifth largest island in the Mediterranean Sea, after Sicily, Sardinia, Cyprus, and ...

Nebraska Nebraska () is a state in the Midwestern region of the United States. It is bordered by South Dakota to the north; Iowa to the east and Missouri to the southeast, both across the Missouri River; Kansas to the south; Colorado to the southwe ...

, Stephens attended the

University of California, Berkeley The University of California, Berkeley (UC Berkeley, Berkeley, Cal, or California) is a public land-grant research university in Berkeley, California. Established in 1868 as the University of California, it is the state's first land-grant u ...

and received an

Artium Baccalaureus Bachelor of arts (BA or AB; from the Latin ', ', or ') is a bachelor's degree awarded for an undergraduate program in the arts, or, in some cases, other disciplines. A Bachelor of Arts degree course is generally completed in three or four years ...

degree from

Cornell University Cornell University is a private statutory land-grant research university based in Ithaca, New York. It is a member of the Ivy League. Founded in 1865 by Ezra Cornell and Andrew Dickson White, Cornell was founded with the intention to teach an ...

in 1909. In 1913, he received a

Bachelor of Laws Bachelor of Laws ( la, Legum Baccalaureus; LL.B.) is an undergraduate law degree in the United Kingdom and most common law jurisdictions. Bachelor of Laws is also the name of the law degree awarded by universities in the People's Republic of Chi ...

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 ...

, from which he would go on to receive a

Doctor of Juridical Science A Doctor of Juridical Science (SJD; ), or a Doctor of Science of Law (JSD; ), is a research doctorate in law equivalent to the more commonly awarded Doctor of Philosophy degree. Australia The S.J.D. is offered by the Australian National Unive ...

in 1932. He entered private practice in

Salt Lake City Salt Lake City (often shortened to Salt Lake and abbreviated as SLC) is the Capital (political), capital and List of cities and towns in Utah, most populous city of Utah, United States. It is the county seat, seat of Salt Lake County, Utah, Sal ...

Utah Utah ( , ) is a state in the Mountain West subregion of the Western United States. Utah is a landlocked U.S. state bordered to its east by Colorado, to its northeast by Wyoming, to its north by Idaho, to its south by Arizona, and to it ...

in 1912. He worked as a prosecutor in

Salt Lake County Salt Lake County is located in the U.S. state of Utah. As of the 2020 United States Census, the population was 1,185,238, making it the most populous county in Utah. Its county seat and largest city is Salt Lake City, the state capital. The coun ...

, Utah from 1915 until 1917, when he was appointed to a seat on the Third Judicial District Court of Utah. He returned to his private practice in 1921, relocating to

Los Angeles Los Angeles ( ; es, Los Ángeles, link=no , ), often referred to by its initials L.A., is the largest city in the state of California and the second most populous city in the United States after New York City, as well as one of the world' ...

California California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territori ...

in 1928. In 1933, he moved to

Washington, D.C. ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...

to become the first Assistant Attorney General in charge of the newly established

Antitrust Division The United States Department of Justice Antitrust Division is a division of the U.S. Department of Justice that enforces U.S. antitrust law. It has exclusive jurisdiction over U.S. federal criminal antitrust prosecutions. It also has jurisdic ...

of the

United States Department of Justice The United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the United States government tasked with the enforcement of federal law and administration of justice in the United State ...

. He was Assistant to the

Attorney General of the United States The United States attorney general (AG) is the head of the United States Department of Justice, and is the chief law enforcement officer of the federal government of the United States. The attorney general serves as the principal advisor to the p ...

in 1935.

Federal judicial service

Stephens was nominated by President

Franklin D. Roosevelt Franklin Delano Roosevelt (; ; January 30, 1882April 12, 1945), often referred to by his initials FDR, was an American politician and attorney who served as the 32nd president of the United States from 1933 until his death in 1945. As the ...

on July 23, 1935, to an Associate Justice seat on the United States Court of Appeals for the District of Columbia (Judge of the

from June 25, 1948) vacated by Associate Justice William Hitz. He was confirmed by the

United States Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and pow ...

on July 24, 1935, and received his commission on July 27, 1935. Following the death of

Justice Cardozo Benjamin Nathan Cardozo (May 24, 1870 – July 9, 1938) was an American lawyer and jurist who served on the New York Court of Appeals from 1914 to 1932 and as an Associate Justice of the Supreme Court of the United States from 1932 until his deat ...

in 1938, Stephens was considered by President Roosevelt as a possible replacement,Nemacheck, Christine L.; ''Strategic Selection: Presidential Nomination of Supreme Court Justices from Herbert Hoover Through George W. Bush'', p. 148 although the seat ultimately went to

Felix Frankfurter Felix Frankfurter (November 15, 1882 – February 22, 1965) was an Austrian-American jurist who served as an Associate Justice of the Supreme Court of the United States from 1939 until 1962, during which period he was a noted advocate of judicia ...

. His service terminated on March 9, 1948, due to appointment as Chief Justice of the same court. Stephens was nominated by President

Harry S. Truman Harry S. Truman (May 8, 1884December 26, 1972) was the 33rd president of the United States, serving from 1945 to 1953. A leader of the Democratic Party, he previously served as the 34th vice president from January to April 1945 under Franklin ...

on February 2, 1948, to the Chief Justice seat on the United States Court of Appeals for the District of Columbia vacated by Judge

Duncan Lawrence Groner Duncan Lawrence Groner (September 6, 1873 – July 17, 1957) was an Associate Justice and later Chief Justice of the United States Court of Appeals for the District of Columbia. Education and career Born in Norfolk, Virginia, Groner attended th ...

. He was confirmed by the Senate on March 2, 1948, and received his commission on March 5, 1948. Stephens was reassigned by

operation of law The phrase "by operation of law" is a legal term that indicates that a right or liability has been created for a party, irrespective of the intent of that party, because it is dictated by existing legal principles. For example, if a person dies wi ...

to the newly renamed

on September 1, 1948, to a new Judge seat authorized by 62 Stat. 869. He served as Chief Judge and as a member of the

Judicial Conference of the United States The Judicial Conference of the United States, formerly known as the Conference of Senior Circuit Judges, was created by the United States Congress in 1922 with the principal objective of framing policy guidelines for administration of judicial cour ...

from 1948 to 1955. His service terminated on May 28, 1955, due to his death.

References

Sources

* Daniel R. Ernst, "State, Party, and Harold M. Stephens: The Utahn Origins of an Anti-New Dealer." Western Legal History 14 (Summer/Fall 2001): 123-57 * Daniel R. Ernst, "Dicey's Disciple on the D.C. Circuit: Judge Harold Stephens and Administrative Law Reform, 1933-1940." Georgetown Law Journal 90 (2002): 787-812 * {{DEFAULTSORT:Stephens, Harold Montelle 1886 births 1955 deaths People from Crete, Nebraska Cornell University alumni Judges of the United States Court of Appeals for the D.C. Circuit United States court of appeals judges appointed by Franklin D. Roosevelt 20th-century American judges United States court of appeals judges appointed by Harry S. Truman Utah state court judges Harvard Law School alumni