Priscilla Owen
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Priscilla Richman (formerly Priscilla Richman Owen) (born October 4, 1954) is an American lawyer and jurist serving as the chief United States circuit judge of the
United States Court of Appeals for the Fifth Circuit The United States Court of Appeals for the Fifth Circuit (in case citations, 5th Cir.) is a federal court with appellate jurisdiction over the district courts in the following federal judicial districts: * Eastern District of Louisiana * M ...
. She was previously a justice of the
Texas Supreme Court The Supreme Court of Texas (SCOTX) is the supreme court, court of last resort for civil matters (including juvenile delinquency cases, which are categorized as civil under the Texas Family Code) in the U.S. state of Texas. A different court, the ...
.


Early life and education

Priscilla Richman was born in Palacios,
Texas Texas (, ; Spanish language, Spanish: ''Texas'', ''Tejas'') is a state in the South Central United States, South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2 ...
. Her earliest years were spent on her family's farm in Collegeport. She later grew up and went to school in
Waco Waco ( ) is the county seat of McLennan County, Texas, United States. It is situated along the Brazos River and I-35, halfway between Dallas and Austin. The city had a 2020 population of 138,486, making it the 22nd-most populous city in the st ...
. She worked part-time during high school and college at her stepfather's insurance company. During summers, she returned to Collegeport, working in rice fields and herding cattle.See . Richman started college at the
University of Texas at Austin The University of Texas at Austin (UT Austin, UT, or Texas) is a public research university in Austin, Texas. It was founded in 1883 and is the oldest institution in the University of Texas System. With 40,916 undergraduate students, 11,075 ...
and later transferred to
Baylor University Baylor University is a private Baptist Christian research university in Waco, Texas. Baylor was chartered in 1845 by the last Congress of the Republic of Texas. Baylor is the oldest continuously operating university in Texas and one of the fir ...
to be near her family in Waco. She earned a
Bachelor of Arts 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, ''
cum laude Latin honors are a system of Latin phrases used in some colleges and universities to indicate the level of distinction with which an academic degree has been earned. The system is primarily used in the United States. It is also used in some Sou ...
'', from Baylor. She then went to
Baylor Law School Baylor Law School is the oldest law school in Texas. Baylor Law School is affiliated with Baylor University and located in Waco, Texas. The school has been accredited by the American Bar Association since 1931 and has been a member of the Associat ...
, where she became editor of the ''
Baylor Law Review Baylor Law School is the oldest law school in Texas. Baylor Law School is affiliated with Baylor University and located in Waco, Texas. The school has been accredited by the American Bar Association since 1931 and has been a member of the Associat ...
'' and graduated ''
cum laude Latin honors are a system of Latin phrases used in some colleges and universities to indicate the level of distinction with which an academic degree has been earned. The system is primarily used in the United States. It is also used in some Sou ...
'' in 1977, receiving a
Juris Doctor The Juris Doctor (J.D. or JD), also known as Doctor of Jurisprudence (J.D., JD, D.Jur., or DJur), is a graduate-entry professional degree in law and one of several Doctor of Law degrees. The J.D. is the standard degree obtained to practice law ...
. From among approximately 400 examinees, at age 23, she received the highest score on the December 1977 Texas bar examination.


Career

After graduating from law school, Richman joined
Andrews & Kurth Andrews Kurth Kenyon LLP was a Houston, Texas based international law firm founded by Frank Andrews and U.S. Congressman Thomas Henry Ball in 1902, and later joined by Melvin Kurth in 1913. In April 2018, the firm merged with Hunton & Williams L ...
in
Houston Houston (; ) is the most populous city in Texas, the most populous city in the Southern United States, the fourth-most populous city in the United States, and the sixth-most populous city in North America, with a population of 2,304,580 in ...
, specializing in oil and gas litigation. She made partner at the age of 30. In private practice, Richman handled a broad range of civil matters at the trial and
appellate In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...
levels. She was admitted to practice before various state and federal trial courts and appellate courts. She is a member of the
American Law Institute The American Law Institute (ALI) is a research and advocacy group of judges, lawyers, and legal scholars established in 1923 to promote the clarification and simplification of United States common law and its adaptation to changing social needs. ...
, the
American Judicature Society The American Judicature Society (AJS) is an independent, non-partisan membership organization working nationally to protect the integrity of the American justice system. AJS's membership — including judges, lawyers, and members of the public — ...
, the
American Bar Association The American Bar Association (ABA) is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. Founded in 1878, the ABA's most important stated activities are the setting of acad ...
, and a Fellow of the American and Houston Bar Foundations.


Texas Supreme Court

In 1993, after 17 years at Andrews & Kurth, she was asked to run for the
Texas Supreme Court The Supreme Court of Texas (SCOTX) is the supreme court, court of last resort for civil matters (including juvenile delinquency cases, which are categorized as civil under the Texas Family Code) in the U.S. state of Texas. A different court, the ...
as a
Republican 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 ...
. She won with 53 percent of the vote, promising to restore integrity and dignity to a court tainted by scandal. Richman had written articles and lobbied the
Texas Legislature The Texas Legislature is the state legislature of the US state of Texas. It is a bicameral body composed of a 31-member Senate and a 150-member House of Representatives. The state legislature meets at the Capitol in Austin. It is a powerful ...
to eliminate partisan election of judges, arguing that they hinder the ability of courts to provide impartial justice. When she was up for reelection in 2000, Democrats did not put up an opponent against her, and she was returned to office with 84 percent of the vote, defeating a
Libertarian Libertarianism (from french: libertaire, "libertarian"; from la, libertas, "freedom") is a political philosophy that upholds liberty as a core value. Libertarians seek to maximize autonomy and political freedom, and minimize the state's e ...
opponent with the help of endorsements from newspapers statewide. Richman served on the board of Texas Hearing and Service Dogs, which rescues dogs from pounds, provides training for them, and then gives the dogs to disabled people who cannot otherwise afford them. In addition, she was a founding member of the St. Barnabas Episcopal Mission in
Austin Austin is the capital city of the U.S. state of Texas, as well as the seat and largest city of Travis County, with portions extending into Hays and Williamson counties. Incorporated on December 27, 1839, it is the 11th-most-populous city ...
and has taught Sunday school. In the mid-1990s, Congress reduced funding for the
Legal Services Corporation The Legal Services Corporation (LSC) is a publicly funded, 501(c)(3) non-profit corporation established by the United States Congress. It seeks to ensure equal access to justice under the law for all Americans by providing funding for civil legal ...
. Richman was part of a committee that successfully encouraged the
Texas Legislature The Texas Legislature is the state legislature of the US state of Texas. It is a bicameral body composed of a 31-member Senate and a 150-member House of Representatives. The state legislature meets at the Capitol in Austin. It is a powerful ...
to enact legislation that has resulted in millions of dollars per year in additional funds for providers of legal services to the poor. Richman served as the Texas Supreme Court's representative on the Court-Annexed Mediation Task Force, working to resolve differences between lawyer and non-lawyer mediators, in order to provide an alternative to expensive courtroom trials. She has been a member of the Gender Bias Reform Implementation Committee and statewide committees regarding legal services to the poor and
pro bono ( en, 'for the public good'), usually shortened to , is a Latin phrase for professional work undertaken voluntarily and without payment. In the United States, the term typically refers to provision of legal services by legal professionals for pe ...
legal services. Richman also served on the boards of advisors of the Houston and Austin Chapters of the
Federalist Society The Federalist Society for Law and Public Policy Studies (abbreviated as FedSoc) is an American conservative and libertarian legal organization that advocates for a textualist and originalist interpretation of the U.S. Constitution. Headquartered ...
. Richman was instrumental in organizing a group known as Family Law 2000 that seeks to find ways to educate parents about the effect that divorce can have on their children and to lessen the adversarial nature of legal proceedings when a marriage is dissolved.


Federal judicial service

Richman was nominated on May 9, 2001, by President
George W. Bush George Walker Bush (born July 6, 1946) is an American politician who served as the 43rd president of the United States from 2001 to 2009. A member of the Republican Party, Bush family, and son of the 41st president George H. W. Bush, he ...
to fill a vacancy on the Fifth Circuit created by Judge
William Lockhart Garwood William Lockhart Garwood (October 29, 1931 – July 14, 2011) was a United States circuit judge of the United States Court of Appeals for the Fifth Circuit. Education and career Born in Houston, Texas, to Wilmer St. John Garwood (1896–1987) a ...
, who assumed
senior status Senior status is a form of semi-retirement for United States federal judges. To qualify, a judge in the Federal judiciary of the United States, federal court system must be at least 65 years old, and the sum of the judge's age and years of servi ...
on January 23, 1997. Senate Democrats immediately decided to block her nomination for two reasons. First, the Democrats were angry that two previous nominees who President Clinton had nominated to Garwood's empty seat, Jorge Rangel and Enrique Moreno, were never given hearings 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 ...
during Clinton's second term because the Senate at the time controlled by Republicans. Second, they considered her to be too
conservative Conservatism is a cultural, social, and political philosophy that seeks to promote and to preserve traditional institutions, practices, and values. The central tenets of conservatism may vary in relation to the culture and civilization i ...
. As a result the Senate Democrats, who controlled the
Senate Judiciary Committee The United States Senate Committee on the Judiciary, informally the Senate Judiciary Committee, is a standing committee of 22 U.S. senators whose role is to oversee the Department of Justice (DOJ), consider executive and judicial nominations, a ...
during the
107th Congress 1 (one, unit, unity) is a number representing a single or the only entity. 1 is also a numerical digit and represents a single unit of counting or measurement. For example, a line segment of ''unit length'' is a line segment of length 1. I ...
, did not let Richman's nomination come up for a vote. In 2003, after Republicans had taken the Senate back, Democrats filibustered her. In 2005, after Republicans picked up four more seats in the Senate during the
109th Congress The 109th United States Congress was a meeting of the legislative branch of the United States federal government, composed of the United States Senate and the United States House of Representatives, from January 3, 2005 to January 3, 2007, dur ...
, her nomination was again considered. Richman had considerable judicial experience as a member of the Texas Supreme Court, and had been rated "Well-Qualified" (highest possible) by the
American Bar Association The American Bar Association (ABA) is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. Founded in 1878, the ABA's most important stated activities are the setting of acad ...
for the Fifth Circuit position. According to
ABC News ABC News is the news division of the American broadcast network ABC. Its flagship program is the daily evening newscast ''ABC World News Tonight, ABC World News Tonight with David Muir''; other programs include Breakfast television, morning ...
reporter
Jan Crawford Greenburg Jan Crawford, also known as Jan Crawford Greenburg, is a television journalist, author, and attorney. She serves as a political correspondent and chief legal correspondent for CBS News and previously for ABC News. She appears regularly on the CBS ...
, Senate Democrats strategically "targeted outspoken conservatives who were potential Supreme Court picks....their successes in filibustering women, Hispanics, and African Americans in 2003 undermined Bush's plans to replace etiring U.S. Supreme Court Associate Justice Sandra Day O'Connorwith another woman or a minority." Supporters of the Richman nomination asserted that her criticized rulings were often near-unanimous, or simply followed federal precedents. Richman was touted as a judicial conservative who would, in the words of President Bush, "interpret the law, not legislate from the bench." Opponents, however, criticized her for what they claimed were her conservative positions on contentious social and economic issues, and pro-
corporate A corporation is an organization—usually a group of people or a company—authorized by the state to act as a single entity (a legal entity recognized by private and public law "born out of statute"; a legal person in legal context) and re ...
decisions. Democratic Senator
Edward Kennedy Edward Moore Kennedy (February 22, 1932 – August 25, 2009) was an American lawyer and politician who served as a United States senator from Massachusetts for almost 47 years, from 1962 until his death in 2009. A member of the Democratic ...
said President Bush's appointee for
Attorney General In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...
,
Alberto Gonzales Alberto R. Gonzales (born August 4, 1955) is an American lawyer who served as the 80th United States Attorney General, appointed in February 2005 by President George W. Bush, becoming the highest-ranking Hispanic American in executive governme ...
, during his service with Richman on the Texas Supreme Court had frequently criticized Richman; Kennedy said Gonzales argued one of Richman's positions taken in dissent would "judicially amend" a statute for the benefit of manufacturers selling defective products. On
abortion Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of pregn ...
, Richman was criticized by pro-choice groups for her interpretation of Texas's parental-notification law, and for joining a majority decision on overrides only once. In May 2005, a compromise was arranged by a bipartisan group of moderate senators called the
Gang of 14 The Gang of 14 was a bipartisan group of Senators in the 109th United States Congress who successfully, at the time, negotiated a compromise in the spring of 2005 to avoid the deployment of the so-called "nuclear option" by Senate Republican Majo ...
, which allowed for Richman to finally be given a full Senate vote. On May 24, 2005, cloture was invoked on her nomination by a 81–18 vote. She was finally confirmed by a 55–43 vote on May 25, 2005, and was sworn in on June 6, 2005. Richman was the third judge nominated by Bush to the Fifth Circuit and 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 ...
.


Possible Supreme Court nomination

In 2005, Richman was often cited as a potential Bush Supreme Court nominee to replace retired justice
Sandra Day O'Connor Sandra Day O'Connor (born March 26, 1930) is an American retired attorney and politician who served as the first female associate justice of the Supreme Court of the United States from 1981 to 2006. She was both the first woman nominated and th ...
. On September 17, 2005, Minority Leader
Harry Reid Harry Mason Reid Jr. (; December 2, 1939 – December 28, 2021) was an American lawyer and politician who served as a United States senator from Nevada from 1987 to 2017. He led the Senate Democratic Caucus from 2005 to 2017 and was the Sena ...
informed Majority Leader
Bill Frist William Harrison Frist (born February 22, 1952) is an American physician, businessman, and politician who served as a United States Senator from Tennessee from 1995 to 2007. A member of the Republican Party, he also served as Senate Majority Lea ...
that Richman would be filibustered if she were nominated for the Supreme Court, but Frist believed at the time that Richman could still be confirmed in the face of a filibuster.


Notable opinions

In June 2015, Richman joined Judge
Carolyn Dineen King Carolyn Dineen King (born January 30, 1938, in Syracuse, New York) is a Senior United States circuit judge of the United States Court of Appeals for the Fifth Circuit. Her chambers are in Houston, Texas. Education and career Born in Syracuse, ...
in reversing an unconditional writ of habeas corpus granted to
Albert Woodfox The Angola Three are three African-American former prison inmates (Robert Hillary King, Albert Woodfox, and Herman Wallace) who were held for decades in solitary confinement while imprisoned at Louisiana State Penitentiary (also known as Angol ...
, one of the
Angola Three The Angola Three are three African-American former prison inmates (Robert Hillary King, Albert Woodfox, and Herman Wallace) who were held for decades in solitary confinement while imprisoned at Louisiana State Penitentiary (also known as Angol ...
inmates at the
Louisiana State Penitentiary The Louisiana State Penitentiary (known as Angola, and nicknamed the "Alcatraz of the South", "The Angola Plantation" and "The Farm"Sutton, Keith "Catfish".Out There: Angola angling. ''ESPN Outdoors''. May 31, 2006. Retrieved on August 25, 2010. ...
. The ruling, which held that Judge
James Joseph Brady James Joseph Brady (February 29, 1944 – December 9, 2017) was an American lawyer who served as a United States district judge of the United States District Court for the Middle District of Louisiana, based in the capital city of Baton Rouge ...
of the
United States District Court for the Middle District of Louisiana The United States Court for the Middle District of Louisiana (in case citations, M.D. La.) comprises the parishes of Ascension Parish, Louisiana, Ascension, East Baton Rouge Parish, Louisiana, East Baton Rouge, East Feliciana Parish, Louisiana, E ...
abused his discretion in issuing the writ, kept 69-year-old Woodfox in solitary confinement at the penitentiary until his release on February 19, 2016. In 2010, Richman joined Emilio M. Garza and
Edith Brown Clement Edith "Joy" Brown Clement (born April 29, 1948) is a Senior United States circuit judge of the United States Court of Appeals for the Fifth Circuit, based in New Orleans, Louisiana. Background Clement was born in Birmingham, Alabama, the daugh ...
in affirming the dismissal of the complaint in Doe v. Silsbee Independent School District. The plaintiff ("H.S.") was a cheerleader who was ordered by her high school to cheer for her alleged rapist, a basketball player named Rakheem Bolton. H.S. refused and was kicked off the team. She sued, claiming a violation of her
First Amendment First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record, specifically the first instance of a particular achievement Arts and media Music * 1$T, American rapper, singer-songwriter, DJ, and rec ...
right to free speech. The
Eastern District of Texas The United States District Court for the Eastern District of Texas (in case citations, E.D. Tex.) is a federal court in the Fifth Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed t ...
Judge
Thad Heartfield Thad Heartfield (born 1940) is a Senior United States district judge of the United States District Court for the Eastern District of Texas in Beaumont, Texas. Education and career Heartfield graduated from St. Mary's University, Texas with a B ...
granted the school district's motion to dismiss, and Judges Clement, Garza, and Richman affirmed. H.S. was ordered to pay the school $45,000 in legal fees for filing a "frivolous" lawsuit.


Personal life

In April 2022, Richman married
Nathan Hecht Nathan Lincoln Hecht (born August 15, 1949) is the chief justice of the Supreme Court of Texas. A Republican from Dallas, Hecht was first elected to the Supreme Court in 1988 and was reelected to six-year terms in 1994, 2000 and 2006. He secured ...
, chief justice of the
Texas Supreme Court The Supreme Court of Texas (SCOTX) is the supreme court, court of last resort for civil matters (including juvenile delinquency cases, which are categorized as civil under the Texas Family Code) in the U.S. state of Texas. A different court, the ...
. Richman announced she would resume using her maiden name.


See also

*
George W. Bush judicial appointment controversies During President George W. Bush's two term tenure in office, a few of his nominations for federal judgeships were blocked by the Senate Democrats either directly in the Senate Judiciary Committee or on the full Senate floor in various procedura ...
*
George W. Bush Supreme Court candidates Speculation abounded over potential nominations to the Supreme Court of the United States by President George W. Bush since before his presidency. In the summer of 2005, this speculation became newsworthy due to the announcement of the retireme ...


Footnotes


External links

*
Priscilla Richman's role in denial of deathbed furlough for case of politically charged defendant
*
Priscilla Richman's political donationsRichman article from Baylor Alumni Association
(2006-01-10).
Richman confirmation hearing (pdf)
(2003-03-13).
Richman confirmation hearing (txt)
(2003-03-13). *. , - {{DEFAULTSORT:Richman, Priscilla 1954 births Living people 21st-century American judges Baylor Law School alumni Federalist Society members Judges of the United States Court of Appeals for the Fifth Circuit Lawyers from Houston People from Palacios, Texas People from Waco, Texas Texas lawyers Texas Republicans Justices of the Texas Supreme Court United States court of appeals judges appointed by George W. Bush 21st-century American women judges 20th-century women judges