Harlington Wood Jr. (April 17, 1920 – December 29, 2008) was an American lawyer,

jurist A jurist is a person with expert knowledge of law; someone who analyzes and comments on law. This person is usually a specialist legal scholar, mostly (but not always) with a formal education in law (a law degree) and often a Lawyer, legal prac ...

political figure A politician is a person who participates in policy-making processes, usually holding an elective position in government. Politicians represent the people, make decisions, and influence the formulation of public policy. The roles or duties tha ...

and an amateur actor. He served as 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 Seventh Circuit The United States Court of Appeals for the Seventh Circuit (in case citations, 7th Cir.) is the U.S. United States federal court, federal court with appellate jurisdiction over the United States district court, courts in the following United Stat ...

from 1976 until his death in 2008, after earlier serving as a United States district judge of the

United States District Court for the Southern District of Illinois United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two f ...

. He was considered one of the country's leading legal historians on the life and legacy of former lawyer and United States President

Abraham Lincoln Abraham Lincoln (February 12, 1809 – April 15, 1865) was the 16th president of the United States, serving from 1861 until Assassination of Abraham Lincoln, his assassination in 1865. He led the United States through the American Civil War ...

, but is perhaps best known for his involvement as an Assistant Attorney General for the

United States Department of Justice The United States Department of Justice (DOJ), also known as the Justice Department, is a United States federal executive departments, federal executive department of the U.S. government that oversees the domestic enforcement of Law of the Unite ...

in two separate Native American armed protests: the first being the occupation at

Alcatraz Island Alcatraz Island () is a small island about 1.25 miles offshore from San Francisco in San Francisco Bay, California, near the Golden Gate, Golden Gate Strait. The island was developed in the mid-19th century with facilities for a Alcatraz Isla ...

, in

San Francisco Bay San Francisco Bay (Chochenyo language, Chochenyo: 'ommu) is a large tidal estuary in the United States, U.S. state of California, and gives its name to the San Francisco Bay Area. It is dominated by the cities of San Francisco, California, San ...

, from 1969 through the summer of 1971, and the second being the

Wounded Knee incident The Wounded Knee Occupation, also known as Second Wounded Knee, began on February 27, 1973, when approximately 200 Oglala Lakota (sometimes referred to as Oglala Sioux) and followers of the American Indian Movement (AIM) seized and occupied the ...

in 1973 at Wounded Knee,

South Dakota South Dakota (; Sioux language, Sioux: , ) is a U.S. state, state in the West North Central states, North Central region of the United States. It is also part of the Great Plains. South Dakota is named after the Dakota people, Dakota Sioux ...

. His accomplishments and impact as both jurist and statesman included participation in many recent events around the world, which he circled three times, including

Russia Russia, or the Russian Federation, is a country spanning Eastern Europe and North Asia. It is the list of countries and dependencies by area, largest country in the world, and extends across Time in Russia, eleven time zones, sharing Borders ...

Outer Mongolia Outer Mongolia was the name of a territory in the Manchu-led Qing dynasty of China from 1691 to 1911. It corresponds to the modern-day independent state of Mongolia and the Russian republic of Tuva. The historical region gained ''de facto'' ...

Europe Europe is a continent located entirely in the Northern Hemisphere and mostly in the Eastern Hemisphere. It is bordered by the Arctic Ocean to the north, the Atlantic Ocean to the west, the Mediterranean Sea to the south, and Asia to the east ...

Cambodia Cambodia, officially the Kingdom of Cambodia, is a country in Southeast Asia on the Mainland Southeast Asia, Indochinese Peninsula. It is bordered by Thailand to the northwest, Laos to the north, and Vietnam to the east, and has a coastline ...

Greenland Greenland is an autonomous territory in the Danish Realm, Kingdom of Denmark. It is by far the largest geographically of three constituent parts of the kingdom; the other two are metropolitan Denmark and the Faroe Islands. Citizens of Greenlan ...

China China, officially the People's Republic of China (PRC), is a country in East Asia. With population of China, a population exceeding 1.4 billion, it is the list of countries by population (United Nations), second-most populous country after ...

Japan Japan is an island country in East Asia. Located in the Pacific Ocean off the northeast coast of the Asia, Asian mainland, it is bordered on the west by the Sea of Japan and extends from the Sea of Okhotsk in the north to the East China Sea ...

and

South America South America is a continent entirely in the Western Hemisphere and mostly in the Southern Hemisphere, with a considerably smaller portion in the Northern Hemisphere. It can also be described as the southern Subregion#Americas, subregion o ...

Early life and education

Wood was born in Springfield,

Illinois Illinois ( ) is a U.S. state, state in the Midwestern United States, Midwestern United States. It borders on Lake Michigan to its northeast, the Mississippi River to its west, and the Wabash River, Wabash and Ohio River, Ohio rivers to its ...

, the son of Harlington Wood Sr., a lawyer who also served as a

Sangamon County Sangamon County is a county located near the center of the U.S. state of Illinois. According to the 2020 census, it had a population of 196,343. Its county seat and largest city is Springfield, the state capital. Sangamon County is includ ...

, Illinois, judge for sixteen years. He earned his Artium Baccalaureus degree in 1942 from the

University of Illinois at Urbana–Champaign The University of Illinois Urbana-Champaign (UIUC, U of I, Illinois, or University of Illinois) is a public land-grant research university in the Champaign–Urbana metropolitan area, Illinois, United States. Established in 1867, it is the f ...

. He served in the

United States Army The United States Army (USA) is the primary Land warfare, land service branch of the United States Department of Defense. It is designated as the Army of the United States in the United States Constitution.Article II, section 2, clause 1 of th ...

during

World War II World War II or the Second World War (1 September 1939 – 2 September 1945) was a World war, global conflict between two coalitions: the Allies of World War II, Allies and the Axis powers. World War II by country, Nearly all of the wo ...

, attaining the rank of

Major Major most commonly refers to: * Major (rank), a military rank * Academic major, an academic discipline to which an undergraduate student formally commits * People named Major, including given names, surnames, nicknames * Major and minor in musi ...

, and was present at the signing of the surrender of

Tomoyuki Yamashita was a Japanese general in the Imperial Japanese Army during World War II. Yamashita led Japanese forces during the invasion of Malaya and Battle of Singapore. His conquest of Malaya and Singapore in 70 days earned him the sobriquet "The Tig ...

and Vice Admiral Denhici Okochi, Commander of the Japanese Navy in the Philippines, where they gave up the entire Imperial Japanese Armed Forces to American authorities at the High Commissioner's Residence in

Camp John Hay Camp John Hay is a mixed-used development which serves as a tourist destination and forest watershed reservation in Baguio, Philippines which was formerly a military base of the United States Armed Forces. History Under United States managemen ...

Baguio, Philippines Baguio ( , , ), officially the City of Baguio (; ; ), is a Cities of the Philippines#Legal classification, highly urbanized city in the Cordillera Administrative Region, Philippines. It is known as the "Summer Capital of the Philippines", ...

on September 3, 1945, marking the end of

. Upon returning from the Pacific, Wood entered law school at the

University of Illinois College of Law The University of Illinois College of Law at Urbana-Champaign is the law school of the University of Illinois Urbana-Champaign, a public land-grant research university in Champaign and Urbana, Illinois. It was established in 1897 and offers th ...

Champaign Champaign ( ) is a city in Champaign County, Illinois, United States. The population was 88,302 at the 2020 census. It is the tenth-most populous municipality in Illinois and the fourth most populous city in the state outside the Chicago metr ...

, graduating in 1948 with a

Juris Doctor A Juris Doctor, Doctor of Jurisprudence, or Doctor of Law (JD) is a graduate-entry professional degree that primarily prepares individuals to practice law. In the United States and the Philippines, it is the only qualifying law degree. Other j ...

. After passing the

bar Bar or BAR may refer to: Food and drink * Bar (establishment), selling alcoholic beverages * Candy bar ** Chocolate bar * Protein bar Science and technology * Bar (river morphology), a deposit of sediment * Bar (tropical cyclone), a laye ...

, he went into private practice in Springfield, Illinois, with his father, from 1948 to 1958.

Legal career

In 1958, Wood was appointed

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 ...

for the southern district of Illinois by President

Dwight D. Eisenhower Dwight David "Ike" Eisenhower (born David Dwight Eisenhower; October 14, 1890 – March 28, 1969) was the 34th president of the United States, serving from 1953 to 1961. During World War II, he was Supreme Commander of the Allied Expeditionar ...

. He returned to private practice in Springfield, from 1961 to 1968. In 1969 he was named Director of the Executive Office for United States Attorneys in the

Washington, D.C. Washington, D.C., formally the District of Columbia and commonly known as Washington or D.C., is the capital city and federal district of the United States. The city is on the Potomac River, across from Virginia, and shares land borders with ...

In 1972 he was appointed

Assistant Attorney General Many of the divisions and offices of the United States Department of Justice (DOJ) are headed by an assistant attorney general. The president of the United States appoints individuals to the position of assistant attorney general with the adv ...

for the Civil Division of the Department of Justice 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 ...

. During his time in the Department of Justice he was given many special assignments specifically dealing with issues of peacekeeping in locations around the United States: Wounded Knee; Culebra; Alcatraz;

anti-war demonstration A political demonstration is an action by a mass group or collection of groups of people in favor of a political or other cause or people partaking in a protest against a cause of concern; it often consists of walking in a mass march formati ...

s in

; and national political nominating conventions in

Miami Miami is a East Coast of the United States, coastal city in the U.S. state of Florida and the county seat of Miami-Dade County, Florida, Miami-Dade County in South Florida. It is the core of the Miami metropolitan area, which, with a populat ...

Florida Florida ( ; ) is a U.S. state, state in the Southeastern United States, Southeastern region of the United States. It borders the Gulf of Mexico to the west, Alabama to the northwest, Georgia (U.S. state), Georgia to the north, the Atlantic ...

Wounded Knee

On Feb. 27, 1973, almost two hundred armed

Oglala Sioux The Oglala (pronounced , meaning 'to scatter one's own' in Lakota) are one of the seven subtribes of the Lakota people who, along with the Dakota, make up the Očhéthi Šakówiŋ (Seven Council Fires). A majority of the Oglala live on the P ...

from the

Pine Ridge Indian Reservation The Pine Ridge Indian Reservation (), also called Pine Ridge Agency, is an Oglala Lakota Indian reservation located in the U.S. state of South Dakota, with a small portion extending into Nebraska. Originally included within the territory of the ...

with members of an activist group, the

American Indian Movement The American Indian Movement (AIM) is an Native Americans in the United States, American Indian grassroots movement which was founded in Minneapolis, Minnesota in July 1968, initially centered in urban areas in order to address systemic issues ...

(AIM), took over the reservation town of Wounded Knee, the site of a massacre in 1890 of three hundred Sioux by American soldiers. Their stated intent was to focus attention to what they considered government mistreatment of Indians, corruption within the

Bureau of Indian Affairs The Bureau of Indian Affairs (BIA), also known as Indian Affairs (IA), is a United States List of United States federal agencies, federal agency within the U.S. Department of the Interior, Department of the Interior. It is responsible for im ...

and the tribal government's complicity in discrimination.

United States marshals The United States Marshals Service (USMS) is a Federal law enforcement in the United States, federal law enforcement agency in the United States. The Marshals Service serves as the enforcement and security arm of the United States federal judi ...

and American troops subsequently surrounded the town, and for ten weeks the two sides traded intermittent gunfire, and two Sioux were killed. On March 13, Wood — then assistant attorney general for the Civil Division of the US Justice Department — became the first government official who was allowed to enter Wounded Knee, under armed escort of residents of the reservation. He met with AIM leaders for two hours and, while he shortly thereafter became ill and did not conclude the negotiation, he is credited as the "icebreaker" between the government and AIM. The stand-off ended in an agreement on May 6 to end the occupation without further bloodshed.

Federal judicial service

Wood was nominated by President

on May 11, 1973, to a seat on the

vacated by Judge

Omer Poos Omer Poos (August 22, 1902 – August 11, 1976) was a United States federal judge, United States district judge of the United States District Court for the Southern District of Illinois. Education and career Born in Mount Olive, Illinois, Mount ...

. 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 13, 1973, and received his commission on July 18, 1973. His service was terminated on May 28, 1976, due to elevation to the Seventh Circuit. Wood was nominated by President

Gerald Ford Gerald Rudolph Ford Jr. (born Leslie Lynch King Jr.; July 14, 1913December 26, 2006) was the 38th president of the United States, serving from 1974 to 1977. A member of the Republican Party (United States), Republican Party, Ford assumed the p ...

on April 14, 1976, to a seat on the

vacated by Judge

John Paul Stevens John Paul Stevens (April 20, 1920 – July 16, 2019) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1975 to 2010. At the time of his retirement, he was the second-oldes ...

. He was confirmed by the Senate on May 6, 1976, and received his commission on May 7, 1976. He assumed senior status on January 15, 1992, serving in that status until his death, though he did not hear cases after 2003. Wood served on United States Judicial Conference Committees dealing with Bankruptcy Legislation, Court Administration, Automation, and Long Range Planning for the Federal Judiciary. He received

United States Department of State The United States Department of State (DOS), or simply the State Department, is an United States federal executive departments, executive department of the U.S. federal government responsible for the country's foreign policy of the United State ...

and

United States Information Agency The United States Information Agency (USIA) was a United States government agency devoted to propaganda which operated from 1953 to 1999. Previously existing United States Information Service (USIS) posts operating out of U.S. embassies wor ...

assignments to

Mexico Mexico, officially the United Mexican States, is a country in North America. It is the northernmost country in Latin America, and borders the United States to the north, and Guatemala and Belize to the southeast; while having maritime boundar ...

, and

Romania Romania is a country located at the crossroads of Central Europe, Central, Eastern Europe, Eastern and Southeast Europe. It borders Ukraine to the north and east, Hungary to the west, Serbia to the southwest, Bulgaria to the south, Moldova to ...

. Wood served as an adjunct professor at University of Illinois College of Law and as a distinguished

visiting professor In academia, a visiting scholar, visiting scientist, 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 fo ...

at St. Louis University School of Law.

Legal decisions

In the 1977 appellate case of '' Stump v. Sparkman'', Judge Luther Swygert, writing for a panel including Judge Wood as well as Judge William G. East and himself, found that judicial immunity is available only when a judge has

jurisdiction Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple level ...

over the subject-matter of a case and that it is not available when he acts in "clear absence of all jurisdiction." Although Indiana statute law permitted the sterilization of institutionalized persons under certain circumstances, it provided for the right to notice, the opportunity to defend and the right to appeal. The Court of Appeals found no basis in statutory or common law for a court to order the sterilization of a minor child simply upon a parent's petition. It also held that Judge Stump's action could not be justified as a valid exercise of the power of courts to fashion new common law. In 1978, the United States Supreme Court reversed the Seventh Circuit's decision.

Personal life

"Woody" to his friends, Wood was often referred to as "Lincolnesque" in appearance and demeanor. In 1952, he was chosen to portray Abraham Lincoln in a professional theatrical production of

Kermit Hunter Kermit Houston Hunter (3 October 1910 – 11 April 2001) was an American playwright known primarily for writing historical outdoor dramas. His many works include two dramas for Cherokee tribes, one for the Eastern Band of Cherokee Indians in Nor ...

's ''Forever This Land'' in nearby New Salem, despite being an untrained

amateur An amateur () is generally considered a person who pursues an avocation independent from their source of income. Amateurs and their pursuits are also described as popular, informal, autodidacticism, self-taught, user-generated, do it yourself, DI ...

. More surprisingly, the production was attended by esteemed politicians of the day, such as Illinois Senator Scott W. Lucas, Vice President Alben W. Barkley, Wood (in Lincoln theatrical makeup) and Illinois Governor

Adlai Stevenson Adlai Stevenson may refer to: * Adlai Stevenson I Adlai Ewing Stevenson (October 23, 1835 – June 14, 1914) was an American politician and diplomat who served as the 23rd vice president of the United States from 1893 to 1897 under President Gr ...

. The play was reviewed by esteemed film critic

Brooks Atkinson Justin Brooks Atkinson (November 28, 1894 – January 14, 1984) was an American theater critic. He worked for ''The New York Times'' from 1922 to 1960. In his obituary, the ''Times'' called him "the theater's most influential reviewer of his ...

The New York Times ''The New York Times'' (''NYT'') is an American daily newspaper based in New York City. ''The New York Times'' covers domestic, national, and international news, and publishes opinion pieces, investigative reports, and reviews. As one of ...

, who wrote favorably of both it and its star.

Death

Wood stopped hearing cases in 2003, and lived in a convalescent facility until his death on December 29, 2008, in Petersburg,

Legacy

Fellow appellate judge William J. Bauer notes that Wood "was simply a very good judge; he didn't lean to one side or the other" He further reflected that "every case he wrote, he wrote very well." U.S. Senator

Dick Durbin Richard Joseph Durbin (born November 21, 1944) is an American lawyer and politician serving as the Seniority in the United States Senate, senior United States senator from the state of Illinois, a seat he has held since 1997. A member of the Dem ...

(D-Ill.) recalled: As well, Circuit Judge and legal author

Richard A. Posner Richard Allen Posner (; born January 11, 1939) is an American legal scholar and retired United States circuit judge who served on the U.S. Court of Appeals for the Seventh Circuit from 1981 to 2017. A senior lecturer at the University of Chicag ...

notes in the foreword for Wood's posthumously-published book, ''An Unmarked Trail'': Alison Davis Wood (no relation), a producer at WILL-TV (PBS), noted that Wood demonstrated "how great men can live among us in quiet unassuming ways. She remarks that his life was a "true reflection of the

American Dream The "American Dream" is a phrase referring to a purported national ethos of the United States: that every person has the freedom and opportunity to succeed and attain a better life. The phrase was popularized by James Truslow Adams during the ...

— a Midwestern boy's own desire for adventure takes him around the world and back". Wood traveled extensively, including three trips around the world, five trips to the former

Soviet Union The Union of Soviet Socialist Republics. (USSR), commonly known as the Soviet Union, was a List of former transcontinental countries#Since 1700, transcontinental country that spanned much of Eurasia from 1922 until Dissolution of the Soviet ...

and one trip to Russia. During some of those travels, he worked with foreign judges in former

Iron Curtain The Iron Curtain was the political and physical boundary dividing Europe into two separate areas from the end of World War II in 1945 until the end of the Cold War in 1991. On the east side of the Iron Curtain were countries connected to the So ...

countries, helping them establish democratic legal systems. He was a former president of the Abraham Lincoln Association and former chairman of the Lincoln Legal Papers research project.
Judge Wood's papers
are held by th

at the University of Illinois Library at Urbana-Champaign.

Articles and briefs authored

*''"Composition and Procedure Before International Criminal Court,"'' World Peace Through Law Center, 1970 *''"The Crooked Christmas Tree,"'' 1993 *''"Judiciary Reform,"'' American University Law Review 44(5): June 1995 *''"Last Look,"'' American Heritage (New Series) 50(2): Apr. 1999 talin article*''"Leader of the Seventh,"'' Journal of Contemporary Health Law and Policy 17(1): 2000 Judge

Richard Posner Richard Allen Posner (; born January 11, 1939) is an American legal scholar and retired United States circuit judge who served on the U.S. Court of Appeals for the Seventh Circuit from 1981 to 2017. A senior lecturer at the University of Chicag ...

tribute *''"Real Judges,"'' New York University Annual Survey of American Law 58(2): 2001 *''"Footnote to History: a Personal Account of Wounded Knee 1973 told for Lauren and Alex,"'' University of Illinois Law Review, 1995 *''"Footnote to History"''

References

External links

*
Wood's memorial website

Papers of Abraham Lincoln
documenting and archival of the 16th President's extensive legal career {{DEFAULTSORT:Wood, Harlington Jr. 1920 births 2008 deaths Writers from Springfield, Illinois Military personnel from Illinois University of Illinois Urbana-Champaign alumni Stanford Law School alumni Judges of the United States District Court for the Southern District of Illinois United States district court judges appointed by Richard Nixon Judges of the United States Court of Appeals for the Seventh Circuit United States court of appeals judges appointed by Gerald Ford United States assistant attorneys general for the Civil Division United States attorneys for the Southern District of Illinois American prosecutors American legal writers Deaths from cancer in Virginia University of Illinois College of Law alumni United States Army officers