James Gibson (judge)
Encyclopedia
James Gibson was an American lawyer and politician.
in 1923. Then he studied law privately and attended one year Albany Law School
. He was admitted to the bar in 1926, and practiced law in Hudson Falls, New York
. He married Judith Angell, and they had two daughters. In 1935, he was elected District Attorney of Washington County, a position his father had held also. During World War II
, he served as a captain in the United States Army
.
In 1952, he was elected to the New York Supreme Court
(4th District), and re-elected in 1966. He sat on the Appellate Division (3rd Dept.)
from 1956 to 1969. He was Presiding Justice from 1964 on.
In 1964, the phrase "under God" in the Pledge of Allegiance
was challenged as a violation of the constitutional separation of church and state. On the appellate bench, Gibson ruled that the phrase was legal. His decision was upheld by the New York Court of Appeals
. The United States Supreme Court declined to review the decision, effectively leaving Justice Gibson's ruling as the law of the land.
On September 15, 1969, Gibson was appointed by Governor Nelson A. Rockefeller
to the Court of Appeals to fill the vacancy caused by the resignation of Kenneth Keating
. In November 1969
, he was elected unopposed to succeed himself. He retired from the Court of Appeals at the end of 1972 when he reached the constitutional age limit of 70 years, and returned to the Supreme Court as a certificated trial justice until 1978. Afterwards he resumed the practice of law at Hudson Falls.
He died at the Glens Falls Hospital.
Life
He graduated from Princeton UniversityPrinceton University
Princeton University is a private research university located in Princeton, New Jersey, United States. The school is one of the eight universities of the Ivy League, and is one of the nine Colonial Colleges founded before the American Revolution....
in 1923. Then he studied law privately and attended one year Albany Law School
Albany Law School
Albany Law School is an ABA accredited law school based in Albany, New York. It was founded in 1851 by Amos Dean , Amasa Parker, Ira Harris and others....
. He was admitted to the bar in 1926, and practiced law in Hudson Falls, New York
Hudson Falls, New York
Hudson Falls is a village located in Washington County, New York, USA. The village is in the southwest part of the town of Kingsbury, on US Route 4. Hudson Falls is part of the Glens Falls Metropolitan Statistical Area. As of the 2000 census, the village had a population of 6,927...
. He married Judith Angell, and they had two daughters. In 1935, he was elected District Attorney of Washington County, a position his father had held also. During World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
, he served as a captain in the United States Army
United States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...
.
In 1952, he was elected to the New York Supreme Court
New York Supreme Court
The Supreme Court of the State of New York is the trial-level court of general jurisdiction in thestate court system of New York, United States. There is a supreme court in each of New York State's 62 counties, although some smaller counties share judges with neighboring counties...
(4th District), and re-elected in 1966. He sat on the Appellate Division (3rd Dept.)
New York Supreme Court, Appellate Division
The Supreme Court of the State of New York, Appellate Division is the intermediate appellate court in New York State. The Appellate Division is composed of four departments .*The First Department covers the Bronx The Supreme Court of the State of New York, Appellate Division is the intermediate...
from 1956 to 1969. He was Presiding Justice from 1964 on.
In 1964, the phrase "under God" in the Pledge of Allegiance
Pledge of Allegiance
The Pledge of Allegiance of the United States is an expression of loyalty to the federal flag and the republic of the United States of America, originally composed by Christian Socialist Francis Bellamy in 1892 and formally adopted by Congress as the pledge in 1942...
was challenged as a violation of the constitutional separation of church and state. On the appellate bench, Gibson ruled that the phrase was legal. His decision was upheld by the New York Court of Appeals
New York Court of Appeals
The New York Court of Appeals is the highest court in the U.S. state of New York. The Court of Appeals consists of seven judges: the Chief Judge and six associate judges who are appointed by the Governor to 14-year terms...
. The United States Supreme Court declined to review the decision, effectively leaving Justice Gibson's ruling as the law of the land.
On September 15, 1969, Gibson was appointed by Governor Nelson A. Rockefeller
Nelson Rockefeller
Nelson Aldrich Rockefeller was the 41st Vice President of the United States , serving under President Gerald Ford, and the 49th Governor of New York , as well as serving the Roosevelt, Truman and Eisenhower administrations in a variety of positions...
to the Court of Appeals to fill the vacancy caused by the resignation of Kenneth Keating
Kenneth Keating
Kenneth Barnard Keating , was a United States Representative and a U.S. Senator from New York, and in later life, an appellate judge and a diplomat representing the United States as ambassador to India and later to Israel.-Life:...
. In November 1969
New York state election, 1969
The 1969 New York state election was held on November 4, 1969, to elect a judge of the New York Court of Appeals.-Background:On May 20, 1969, Judge Kenneth B. Keating resigned, and was appointed U.S. Ambassador to India.-Nominations:...
, he was elected unopposed to succeed himself. He retired from the Court of Appeals at the end of 1972 when he reached the constitutional age limit of 70 years, and returned to the Supreme Court as a certificated trial justice until 1978. Afterwards he resumed the practice of law at Hudson Falls.
He died at the Glens Falls Hospital.
Sources
- The History of the New York Court of Appeals, 1932-2003 by Bernard S. MeyerBernard S. MeyerBernard Stern Meyer was an American lawyer and politician.-Life:...
, Burton C. Agata & Seth H. Agata (pages 27f) - http://www.courts.state.ny.us/history/elecbook/thereshallbe/pg104.htm Court of Appeals judges
- http://www.courts.state.ny.us/history/pdf/Library/Courts/App_Div_Third_Dept_100th_Anniv.pdf History of the Third Department, with portrait (page 26)
- James Gibson, 90, Former Judge On New York's High Court, Dies in NYT on June 1, 1992