James H. Payne
Encyclopedia
James Hardy Payne is a federal judge
sitting simultaneously on the United States District Court for the Eastern District of Oklahoma
, the United States District Court for the Northern District of Oklahoma
and the United States District Court for the Western District of Oklahoma
. In addition, he is a former nominee to the United States Court of Appeals for the Tenth Circuit
.
from the University of Oklahoma
in 1963. In 1966, he graduated from the University of Oklahoma College of Law
with a J.D. degree. From 1966 until 1970, he was on active duty in the United States Air Force
. He continued as an Air Force reservist from 1975 til 1992.
From 1970 until 1973, he was an Assistant U.S. Attorney
for the Eastern District of Oklahoma. In 1973, he entered private practice as lawyer for the firm of Sandlin and Payne. He remained in that position until 1988 when he became a United States magistrate judge
on the United States District Court for the Eastern District of Oklahoma
.
On September 4, 2001, President George W. Bush
nominated Judge Payne to a seat simultaneously serving on the United States District Court for the Eastern District of Oklahoma
, the United States District Court for the Northern District of Oklahoma
and the United States District Court for the Western District of Oklahoma
. The seat had been vacated by Judge Michael Burrage, who had resigned on March 1, 2001. Payne was confirmed on October 23, 2001, and received his commission the next day.
Judge Payne became the Chief Judge of the United States District Court for the Eastern District of Oklahoma
in 2002 and currently continues in that position.
vacated by Judge Stephanie Kulp Seymour
, who took senior status
on October 16, 2005.
On January 23, 2006, the liberal online magazine Salon.com
published an article offering evidence that Judge Payne had issued more than 100 orders in at least 18 cases that involved corporations in which he owned stock. The article claimed that Payne had not followed federal law and the official Code of Conduct for U.S. judges, which explicitly prohibit judges from sitting on cases involving companies in which they own stock—no matter how small their holdings—in order to uphold the integrity of the judicial system.
As a result of the article, the American Bar Association
on February 21 re-evaluated Judge Payne's nomination and downgraded their original judicial rating of Judge Payne from "well qualified" to "qualified".
Since the allegations concerning financial conflicts of interest created the appearance of "extraordinary circumstances" which would have prevented his confirmation under the terms of the Gang of 14
Deal, Judge Payne withdrew his nomination on March 8, 2008. On May 4, 2006, President Bush nominated Jerome A. Holmes
to replace Payne. Holmes was confirmed less than three months later
United States federal judge
In the United States, the title of federal judge usually means a judge appointed by the President of the United States and confirmed by the United States Senate in accordance with Article II of the United States Constitution....
sitting simultaneously on the United States District Court for the Eastern District of Oklahoma
United States District Court for the Eastern District of Oklahoma
The United States District Court for the Eastern District of Oklahoma is the Federal district court whose jurisdiction comprises the following counties: Adair, Atoka, Bryan, Carter, Cherokee, Choctaw, Coal, Haskell, Hughes, Johnston, Latimer, Le Flore, Love, Marshall, McCurtain, McIntosh, Murray,...
, the United States District Court for the Northern District of Oklahoma
United States District Court for the Northern District of Oklahoma
The United States District Court for the Northern District of Oklahoma is the Federal district court for a portion of the state of Oklahoma....
and the United States District Court for the Western District of Oklahoma
United States District Court for the Western District of Oklahoma
The United States District Court for the Western District of Oklahoma is a Federal district court....
. In addition, he is a former nominee to the United States Court of Appeals for the Tenth Circuit
United States Court of Appeals for the Tenth Circuit
The United States Court of Appeals for the Tenth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* District of Colorado* District of Kansas...
.
Background
Judge Payne received his bachelor's degreeBachelor's degree
A bachelor's degree is usually an academic degree awarded for an undergraduate course or major that generally lasts for three or four years, but can range anywhere from two to six years depending on the region of the world...
from the University of Oklahoma
University of Oklahoma
The University of Oklahoma is a coeducational public research university located in Norman, Oklahoma. Founded in 1890, it existed in Oklahoma Territory near Indian Territory for 17 years before the two became the state of Oklahoma. the university had 29,931 students enrolled, most located at its...
in 1963. In 1966, he graduated from the University of Oklahoma College of Law
University of Oklahoma College of Law
The University of Oklahoma College of Law is an ABA-certified law school located on the University of Oklahoma campus in Norman, Oklahoma. Currently, the College of Law has an enrollment of 527 law students....
with a J.D. degree. From 1966 until 1970, he was on active duty in the United States Air Force
United States Air Force
The United States Air Force is the aerial warfare service branch of the United States Armed Forces and one of the American uniformed services. Initially part of the United States Army, the USAF was formed as a separate branch of the military on September 18, 1947 under the National Security Act of...
. He continued as an Air Force reservist from 1975 til 1992.
From 1970 until 1973, he was an Assistant U.S. Attorney
United States Attorney
United States Attorneys represent the United States federal government in United States district court and United States court of appeals. There are 93 U.S. Attorneys stationed throughout the United States, Puerto Rico, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands...
for the Eastern District of Oklahoma. In 1973, he entered private practice as lawyer for the firm of Sandlin and Payne. He remained in that position until 1988 when he became a United States magistrate judge
United States magistrate judge
In the United States federal courts, magistrate judges are appointed to assist United States district court judges in the performance of their duties...
on the United States District Court for the Eastern District of Oklahoma
United States District Court for the Eastern District of Oklahoma
The United States District Court for the Eastern District of Oklahoma is the Federal district court whose jurisdiction comprises the following counties: Adair, Atoka, Bryan, Carter, Cherokee, Choctaw, Coal, Haskell, Hughes, Johnston, Latimer, Le Flore, Love, Marshall, McCurtain, McIntosh, Murray,...
.
On September 4, 2001, President George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
nominated Judge Payne to a seat simultaneously serving on the United States District Court for the Eastern District of Oklahoma
United States District Court for the Eastern District of Oklahoma
The United States District Court for the Eastern District of Oklahoma is the Federal district court whose jurisdiction comprises the following counties: Adair, Atoka, Bryan, Carter, Cherokee, Choctaw, Coal, Haskell, Hughes, Johnston, Latimer, Le Flore, Love, Marshall, McCurtain, McIntosh, Murray,...
, the United States District Court for the Northern District of Oklahoma
United States District Court for the Northern District of Oklahoma
The United States District Court for the Northern District of Oklahoma is the Federal district court for a portion of the state of Oklahoma....
and the United States District Court for the Western District of Oklahoma
United States District Court for the Western District of Oklahoma
The United States District Court for the Western District of Oklahoma is a Federal district court....
. The seat had been vacated by Judge Michael Burrage, who had resigned on March 1, 2001. Payne was confirmed on October 23, 2001, and received his commission the next day.
Judge Payne became the Chief Judge of the United States District Court for the Eastern District of Oklahoma
United States District Court for the Eastern District of Oklahoma
The United States District Court for the Eastern District of Oklahoma is the Federal district court whose jurisdiction comprises the following counties: Adair, Atoka, Bryan, Carter, Cherokee, Choctaw, Coal, Haskell, Hughes, Johnston, Latimer, Le Flore, Love, Marshall, McCurtain, McIntosh, Murray,...
in 2002 and currently continues in that position.
Tenth Circuit nomination under Bush
On September 25, 2005, President Bush nominated Judge Payne to a seat on the United States Court of Appeals for the Tenth CircuitUnited States Court of Appeals for the Tenth Circuit
The United States Court of Appeals for the Tenth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* District of Colorado* District of Kansas...
vacated by Judge Stephanie Kulp Seymour
Stephanie Kulp Seymour
Stephanie Kulp Seymour is a Judge on the United States Court of Appeals for the Tenth Circuit.-Early life and education:...
, who took senior status
Senior status
Senior status is a form of semi-retirement for United States federal judges, and judges in some state court systems. After federal judges have reached a certain combination of age and years of service on the federal courts, they are allowed to assume senior status...
on October 16, 2005.
On January 23, 2006, the liberal online magazine Salon.com
Salon.com
Salon.com, part of Salon Media Group , often just called Salon, is an online liberal magazine, with content updated each weekday. Salon was founded by David Talbot and launched on November 20, 1995. It was the internet's first online-only commercial publication. The magazine focuses on U.S...
published an article offering evidence that Judge Payne had issued more than 100 orders in at least 18 cases that involved corporations in which he owned stock. The article claimed that Payne had not followed federal law and the official Code of Conduct for U.S. judges, which explicitly prohibit judges from sitting on cases involving companies in which they own stock—no matter how small their holdings—in order to uphold the integrity of the judicial system.
As a result of the article, the American Bar Association
American Bar Association
The American Bar Association , founded August 21, 1878, is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. The ABA's most important stated activities are the setting of academic standards for law schools, and the formulation...
on February 21 re-evaluated Judge Payne's nomination and downgraded their original judicial rating of Judge Payne from "well qualified" to "qualified".
Since the allegations concerning financial conflicts of interest created the appearance of "extraordinary circumstances" which would have prevented his confirmation under the terms of the Gang of 14
Gang of 14
The Gang of 14 was a term coined to describe the bipartisan group of Senators in the 109th United States Congress who successfully negotiated a compromise in the spring of 2005 to avoid the deployment of the so-called nuclear option over an organized use of the filibuster by Senate...
Deal, Judge Payne withdrew his nomination on March 8, 2008. On May 4, 2006, President Bush nominated Jerome A. Holmes
Jerome Holmes
Jerome A. Holmes is a federal judge on the United States Court of Appeals for the Tenth Circuit. He is the first African American to serve on the Tenth Circuit.- Background :...
to replace Payne. Holmes was confirmed less than three months later