William Wayne Justice
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William Wayne Justice (February 25, 1920 – October 13, 2009) was a
United States district judge The United States district courts are the trial courts of the United States federal judiciary, U.S. federal judiciary. There is one district court for each United States federal judicial district, federal judicial district, which each cover o ...
of the
United States District Court for 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 United States Court of Appeals for the Fifth Circuit, Fifth Circuit (except for patent claims and claims against the U.S. ...
.


Education and career

Born in
Athens Athens ( ; el, Αθήνα, Athína ; grc, Ἀθῆναι, Athênai (pl.) ) is both the capital and largest city of Greece. With a population close to four million, it is also the seventh largest city in the European Union. Athens dominates ...
,
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 ...
, Justice 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
University of Texas School of Law The University of Texas School of Law (Texas Law) is the law school of the University of Texas at Austin. Texas Law is consistently ranked as one of the top law schools in the United States and is highly selective—registering the 8th lowest ac ...
in 1942. He was in the
United States Army The United States Army (USA) is the land service branch of the United States Armed Forces. It is one of the eight U.S. uniformed services, and is designated as the Army of the United States in the U.S. Constitution.Article II, section 2, cla ...
from 1942 to 1946. He was in private practice of law in Athens from 1946 to 1961. He was a city attorney of Athens from 1948 to 1950 and from 1952 to 1958. He was
United States Attorney United States attorneys are officials of the U.S. Department of Justice who serve as the chief federal law enforcement officers in each of the 94 U.S. federal judicial districts. Each U.S. attorney serves as the United States' chief federal c ...
for the Eastern District of Texas from 1961 to 1968.


Federal judicial service

Justice was nominated by President
Lyndon B. Johnson Lyndon Baines Johnson (; August 27, 1908January 22, 1973), often referred to by his initials LBJ, was an American politician who served as the 36th president of the United States from 1963 to 1969. He had previously served as the 37th vice ...
on April 25, 1968, to a seat on the
United States District Court for 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 United States Court of Appeals for the Fifth Circuit, Fifth Circuit (except for patent claims and claims against the U.S. ...
vacated by Judge Joseph Warren Sheehy. 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 June 6, 1968, and received his commission on June 7, 1968. He served as Chief Judge from 1980 to 1990. He 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 June 30, 1998. His service terminated on October 13, 2009, due to his death 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 ...
, Texas.


Notable cases

In November 1970, Justice notably ordered the
Texas Education Agency The Texas Education Agency (TEA) is the branch of the government of Texas responsible for public education in Texas in the United States.
(TEA) to
desegregate Desegregation is the process of ending the separation of two groups, usually referring to races. Desegregation is typically measured by the index of dissimilarity, allowing researchers to determine whether desegregation efforts are having impact o ...
its schools in ''United States v. Texas'', which is regarded as one of the most extensive desegregation orders in legal history as it encompassed over a thousand school districts and nearly two million students. It was upheld by the
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 ...
. At that time, many schools in Texas, particularly those in
East Texas East Texas is a broadly defined cultural, geographic, and ecological region in the eastern part of the U.S. state of Texas that comprises most of 41 counties. It is primarily divided into Northeast and Southeast Texas. Most of the region consi ...
, remained segregated and the Department of Health, Education, and Welfare (HEW) referred the matter to the
Department of Justice A justice ministry, ministry of justice, or department of justice is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...
as it had limited powers to enforce desegregation laws. In 1972, Texas prison inmate David Ruiz filed a fifteen page handwritten civil rights complaint alleging he was confined under unconstitutional conditions, harassed by prison officials, given inadequate medical care, and subjected to unlawful
solitary confinement Solitary confinement is a form of imprisonment in which the inmate lives in a single cell with little or no meaningful contact with other people. A prison may enforce stricter measures to control contraband on a solitary prisoner and use additi ...
. His complaint was combined with others to become a
class action suit A class action, also known as a class-action lawsuit, class suit, or representative action, is a type of lawsuit where one of the parties is a group of people who are represented collectively by a member or members of that group. The class actio ...
(''Ruiz v. Estelle'', 550 F.2d 238). The trial, which began in October 1978, lasted a year. In a 118-page, 1979 decision, Judge Justice ruled that the conditions of imprisonment within the TDC prison system constituted
cruel and unusual punishment Cruel and unusual punishment is a phrase in common law describing punishment that is considered unacceptable due to the suffering, pain, or humiliation it inflicts on the person subjected to the sanction. The precise definition varies by jurisd ...
in violation of the
United States Constitution The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven ar ...
. The decision led to federal oversight of the system, with a prison construction boom and "sweeping reforms ... that fundamentally changed how Texas prisons operated."


Honors and recognition

In 2004, the William Wayne Justice Center for Public Interest Law was established in his honor at the University of Texas at Austin School of Law. The Justice Center promotes equal justice for all through legal education, scholarship and public service. On November 16, 2006, Justice received the first "Morris Dees Justice Award" given annually to a lawyer who has devoted his career to serving the public interest and pursuing justice, and whose work has brought about positive change in the community, state, or nation. It was created by the international law firm of Skadden, Arps, Slate, Meagher & Flom LLP and The University of Alabama School of Law to honor
Morris Dees Morris Seligman Dees Jr. (born December 16, 1936) is an American attorney known as the co-founder and former chief trial counsel for the Southern Poverty Law Center (SPLC), based in Montgomery, Alabama. He ran a direct marketing firm before fou ...
for his lifelong devotion to public service. Dees, who is co-founder and chief trial counsel for the
Southern Poverty Law Center The Southern Poverty Law Center (SPLC) is an American 501(c)(3) nonprofit legal advocacy organization specializing in civil rights and public interest litigation. Based in Montgomery, Alabama, it is known for its legal cases against white su ...
in Montgomery,
Alabama (We dare defend our rights) , anthem = "Alabama (state song), Alabama" , image_map = Alabama in United States.svg , seat = Montgomery, Alabama, Montgomery , LargestCity = Huntsville, Alabama, Huntsville , LargestCounty = Baldwin County, Al ...
, presented the award at a ceremony in Skadden offices in
New York City New York, often called New York City or NYC, is the List of United States cities by population, most populous city in the United States. With a 2020 population of 8,804,190 distributed over , New York City is also the L ...
.


Death

Justice died on October 13, 2009, 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 ...
, Texas. Though
Governor A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
William Perry Clements Jr., had frequently quarreled with Justice,
Bill Hobby William Pettus Hobby Jr. (born January 19, 1932) is an American Democratic Party (United States), Democratic politician who served a record eighteen years as the 37th List of lieutenant governors of Texas, Lieutenant Governor of Texas. He held ...
, the Democrat from
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 ...
and the
lieutenant governor A lieutenant governor, lieutenant-governor, or vice governor is a high officer of state, whose precise role and rank vary by jurisdiction. Often a lieutenant governor is the deputy, or lieutenant, to or ranked under a governor — a "second-in-comm ...
under both of Clements' nonconsecutive terms, lauded the judge: "Judge Justice dragged Texas into the 20th century. God bless him. He was very unpopular, but he was doing the right thing.""Texas Federal Judge, 89, Dies", ''
Laredo Morning Times The ''Laredo Morning Times'' is a daily newspaper publication based in Laredo, Texas, USA. It is owned by the Hearst Corporation Hearst Communications, Inc., often referred to simply as Hearst, is an American multinational mass media and busin ...
'', October 15, 2009, p. 11A


Other notable cases

*''Montgomery v. White'', 320 ''F. Supp''. 303 (E.D. Tex. 1969) *''Roper v. Beto'', 318 ''F. Supp''. 662 (E.D. Tex. 1970) *''United States v. Texas'', 321 ''F. Supp''. 1043 (E.D. Tex. 1970), supplemented by 330 ''F. Supp''. 235 (E.D. Tex. 1971) *''Duke v. North Texas State University'', 338 ''F. Supp''. 990 (E.D. Tex. 1971) *''McGuire v. Roebuck'', 347 ''F. Supp''. 1111 (E.D. Tex. 1972) *''Graves v. Barnes'', 343 ''F. Supp''. 704 (W.D. Tex. 1972) *''Morales v. Turman'', 383 ''F. Supp''. 53 (E.D. Tex. 1974) *''Doe v. Plyer'', 458 ''F. Supp''. 569 (E.D. Tex. 1978) *''United States v. Hall'', 468 ''F. Supp''. 123 (E.D. Tex. 1979) *''Wells v. Hutchinson'', 499 ''F. Supp''. 174 (E.D. Tex. 1980) *''Jones v. Latexo Independent School District'', ''499 F. Supp''. 223 (E.D. Tex. 1980) *''Young v. Pierce'', 544 ''F. Supp''. 1010 (E.D. Tex. 1982) *''Lelsz v. Kavanagh'', 98 ''F.R.D.'' 11 (E.D. Tex. 1982) *''Nash v. Texas'', 632 ''F. Supp''. 951 (E.D. Tex. 1986) *''Young v. Pierce'', 640 ''F. Supp''. 1476 (E.D. Tex. 1986) *''Texans Against Censorship, Inc. v. State Bar of Texas'', 888 ''F. Supp''. 1328 (E.D. Tex. 1995) *''Ruiz v. Johnson'', 37 ''F. Supp''. 2d 855 (S.D. Tex. 1999) *''Frew v. Gilbert'', 109 ''F. Supp''. 2d 579 (E.D. Tex. 2000) *''Frew v. Hawkins'', 401 ''F. Supp''. 2d 619 (E.D. Tex. 2005)


Publications in his honor

*Blais, Lynn E. "William Wayne Justice: The Life of the Law." ''Texas Law Review'' 77.1 (Nov. 1998): 1-7. *"Dedication and Tributes. Judge William Wayne Justice." ''Annual Survey of American Law'' 1986 (Apr. 1987): vii-xx. *Dubose, Louis. "A Texas 'Advocate for Justice.'" ''The Nation'' 13 November 2000: 20-22. *Elliot, Janet. "Justice Recognized for a Career built on Seminal Cases." ''Houston Chronicle'' 4 December 2006. *Gamino, Denise. "High-profile Justice Hitting Trail to Austin." ''The Austin-American Statesman'' 25 May 1998: A1. *Hall, Michael. "Justice Is Not Done." ''Texas Monthly'', October 2006. *Hood, Lucy. "Educating Immigrant Students." ''Carnegie Reporter'' 4.2 (Spring 2007). *Ivins, Molly. "Texas-size Void Left with Exodus of Judge Justice." ''The Fresno Bee'', 13 May 1998: B7. *Jackson, Bruce. "Texas Prisons Go On Trial." ''The Nation'' 28 October 1978: 437-9. *Kemerer, Frank R. ''William Wayne Justice: A Judicial Biography''. Austin: University of Texas Press, 1991. *Klimko, Frank, and Evan Moore. "'Czar of Texas'/William Wayne Justice Takes Heavy Criticism with Grace." ''The Houston Chronicle'' 11 January 1987: 1. *Maraniss, David. "Justice, Texas Style." ''The Washington Post'' 28 February 1987: G1. *Martin, Steve J. ''Texas Prisons: The Walls Came Tumbling Down''. Austin: Texas Monthly Press, 1987. *Mithoff, Richard. "William Wayne Justice: Blessed by the Gifts of This Judicial Giant." ''The Houston Chronicle'' 15 November 1998: 1. *Mithoff, Richard Warren. "A Tribute to Justice." ''Texas Law Review'' 77.9 (November 1998): 9-12. *Politz, Henry A. "Judge Justice." ''Texas Law Review'' 77.13 (November 1998): 13-15. *Vara-Orta, Francisco. "'Activist' Judge Still Battling Injustice." ''Austin American-Statesman'' 12 August 2006: 1. *Walt, Kathy. "Judge Justice Left Footprints on Host of Social Reforms." ''The Houston Chronicle'' 8 February 1998: 1. *Ward, Mike. "Judge Says Reforms Worked For Awhile ." ''Austin American-Statesman'' 6 May 2007: A7. *Ward, Mike. "Prisons Lawsuit Drawing to Close." ''Austin American-Statesman'' 8 June 2002:1


Scholarly publications

*"Address: The Origins of Ruiz v. Estelle." ''Stanford Law Review'' 43 (November 1990): 1-12. *"Burrs Under the Saddle." ''Texas Bar Journal'' 68 (July 2005): 609-610. *"Law Day Address at the University of Texas at Austin: The Enlightened Jurisprudence of Justice Thurgood Marshall." ''Texas Law Review'' 71 (May 1993): 1099-1114. *"The New Awakening: Judicial Activism in a Conservative Age." ''Southwestern Law Journal'' 43 (October 1989): 657-676. *"Recognizing the Ninth Amendment's Role in Constitutional Interpretation." ''Texas Law Review'' 74 (May 1996): 1241-1244. *"A Relativist Constitution." ''University of Colorado Law Review'' 52 (1980–1981): 19-32. *"The Two Faces of Judicial Activism." ''George Washington Law Review'' 61 (November 1992): 1-13.


References


External links


The University of Texas School of Law named its public interest center in honor of Judge Justice
* *

* ttp://www.utexas.edu/law/centers/publicinterest/judgejustice/index.html The University of Texas at Austin School of Law: The Honorable William Wayne Justice 1920 - 2009
{{DEFAULTSORT:Justice, William 1920 births 2009 deaths Judges of the United States District Court for the Eastern District of Texas United States district court judges appointed by Lyndon B. Johnson 20th-century American judges United States Army personnel of World War II University of Texas at Austin alumni University of Texas School of Law alumni People from Athens, Texas Burials at Texas State Cemetery