James T. Brand
Encyclopedia
James T. Brand was the 31st Chief Justice of the Oregon Supreme Court
, serving in that role from 1951 to 1953. While serving on court from 1941 to 1958 his service was interrupted when he was chosen to be a judge on a military tribunal adjudicating Nazi
war crimes after World War II
.
on October 9, 1886. Brand graduated from Oberlin High School in Oberlin in 1905. Next he graduated from Oberlin College
in 1909, followed by Harvard Law School
where he graduated in 1914. After graduation Brand worked for the U.S. Forest Service when he moved to Oregon. In 1916 he married Irene Morley.
Once in Oregon he was in private practice in Coos Bay, Oregon
, before serving as the city attorney for Marshfield, Oregon
, (now called Coos Bay) from 1917 to 1927. Brand was then appointed as a Circuit Judge in Marshfield, Oregon, located in the southwestern section of the state. He served for 14 years in that position. He was living in Marshfield in 1936 when he attended the funeral of John H. McNary
.
Charles A. Sprague
. Brand replaced Henry J. Bean
, who had died in office on May 8, 1941. Then, in 1942, Justice Brand received a full six-year term after winning the election.
In 1947 Justice Brand was appointed by the War Department
to the War Crimes Tribunal to be convened in Germany
after World War II
. There he was one of four judges of Nazi War Crimes at the Judges' Trial
, the third in a set of twelve trials collectively known as the Subsequent Nuremberg Trials
. The trial began in March 1947 with Brand as a member of a three-person Military Tribunal, but on June 19, 1947 he became the Presiding Judge when Carrington T. Marshall resigned for health reasons.
After returning from Germany he resumed his position on Oregon
's highest court. James Brand won re-election in both 1948 and 1954. In between elections he was chosen by his fellow justices to serve as chief justice from 1951 to 1953. Justice Brand resigned his position on the bench on June 30, 1958.
. Justice Brand died in Phoenix, Arizona
while on vacation on February 28, 1964 at the age of 77. He was survived by his wife Irene Morley and his son Col. Thomas Brand who served in the Judge Advocate General Corps.
Oregon Supreme Court
The Oregon Supreme Court is the highest state court in the U.S. state of Oregon. The only court that may reverse or modify a decision of the Oregon Supreme Court is the Supreme Court of the United States. The OSC holds court at the Oregon Supreme Court Building in Salem, Oregon, near the capitol...
, serving in that role from 1951 to 1953. While serving on court from 1941 to 1958 his service was interrupted when he was chosen to be a judge on a military tribunal adjudicating Nazi
Nazi Germany
Nazi Germany , also known as the Third Reich , but officially called German Reich from 1933 to 1943 and Greater German Reich from 26 June 1943 onward, is the name commonly used to refer to the state of Germany from 1933 to 1945, when it was a totalitarian dictatorship ruled by...
war crimes after 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...
.
Early life
James Brand was born in Oberlin, OhioOberlin, Ohio
Oberlin is a city in Lorain County, Ohio, United States, to the south and west of Cleveland. Oberlin is perhaps best known for being the home of Oberlin College, a liberal arts college and music conservatory with approximately 3,000 students...
on October 9, 1886. Brand graduated from Oberlin High School in Oberlin in 1905. Next he graduated from Oberlin College
Oberlin College
Oberlin College is a private liberal arts college in Oberlin, Ohio, noteworthy for having been the first American institution of higher learning to regularly admit female and black students. Connected to the college is the Oberlin Conservatory of Music, the oldest continuously operating...
in 1909, followed by Harvard Law School
Harvard Law School
Harvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...
where he graduated in 1914. After graduation Brand worked for the U.S. Forest Service when he moved to Oregon. In 1916 he married Irene Morley.
Once in Oregon he was in private practice in Coos Bay, Oregon
Coos Bay, Oregon
Coos Bay is a city located in Coos County, Oregon, United States, where the Coos River enters Coos Bay on the Pacific Ocean. The city borders the city of North Bend, and together they are often referred to as one entity called either Coos Bay-North Bend or the Bay Area...
, before serving as the city attorney for Marshfield, Oregon
Coos Bay, Oregon
Coos Bay is a city located in Coos County, Oregon, United States, where the Coos River enters Coos Bay on the Pacific Ocean. The city borders the city of North Bend, and together they are often referred to as one entity called either Coos Bay-North Bend or the Bay Area...
, (now called Coos Bay) from 1917 to 1927. Brand was then appointed as a Circuit Judge in Marshfield, Oregon, located in the southwestern section of the state. He served for 14 years in that position. He was living in Marshfield in 1936 when he attended the funeral of John H. McNary
John Hugh McNary
John Hugh McNary was an American attorney and jurist in the state of Oregon. He served as the federal judge for the United States District Court for the District of Oregon in Portland. A native of Oregon, he also served as a district attorney and as an assistant district attorney in Salem, Oregon...
.
Judicial career
Brand was appointed to the Oregon Supreme Court on May 14, 1941 by Oregon GovernorGovernor of Oregon
The Governor of Oregon is the top executive of the government of the U.S. state of Oregon. The title of governor was also applied to the office of Oregon's chief executive during the provisional and U.S. territorial governments....
Charles A. Sprague
Charles A. Sprague
Charles Arthur Sprague, was the 22nd Governor of the US state of Oregon from 1939 to 1943. He was also the editor and publisher of the Oregon Statesman from 1929 to 1969...
. Brand replaced Henry J. Bean
Henry J. Bean
Henry J. Bean was an American politician and judge in Oregon. He was the 24th Chief Justice of the Oregon Supreme Court. He served in that role twice during the 1930s. At his death on the bench he was the longest serving justice in the state’s history...
, who had died in office on May 8, 1941. Then, in 1942, Justice Brand received a full six-year term after winning the election.
In 1947 Justice Brand was appointed by the War Department
United States Department of War
The United States Department of War, also called the War Department , was the United States Cabinet department originally responsible for the operation and maintenance of the United States Army...
to the War Crimes Tribunal to be convened in Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
after 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...
. There he was one of four judges of Nazi War Crimes at the Judges' Trial
Judges' Trial
The Judges' Trial was the third of the 12 trials for war crimes the U.S. authorities held in their occupation zone in Germany in Nuremberg after the end of World War II. These twelve trials were all held before U.S...
, the third in a set of twelve trials collectively known as the Subsequent Nuremberg Trials
Subsequent Nuremberg Trials
The Subsequent Nuremberg Trials were a series of twelve U.S...
. The trial began in March 1947 with Brand as a member of a three-person Military Tribunal, but on June 19, 1947 he became the Presiding Judge when Carrington T. Marshall resigned for health reasons.
After returning from Germany he resumed his position on Oregon
Oregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
's highest court. James Brand won re-election in both 1948 and 1954. In between elections he was chosen by his fellow justices to serve as chief justice from 1951 to 1953. Justice Brand resigned his position on the bench on June 30, 1958.
Later life and family
After retiring from the court Brand became a professor at Stetson University College of Law in FloridaFlorida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
. Justice Brand died in Phoenix, Arizona
Phoenix, Arizona
Phoenix is the capital, and largest city, of the U.S. state of Arizona, as well as the sixth most populated city in the United States. Phoenix is home to 1,445,632 people according to the official 2010 U.S. Census Bureau data...
while on vacation on February 28, 1964 at the age of 77. He was survived by his wife Irene Morley and his son Col. Thomas Brand who served in the Judge Advocate General Corps.
Other
- Speaker at: Postwar problems of the Pacific and world organization, held in March 1944.
- In the movie Judgment at NurembergJudgment at NurembergJudgment at Nuremberg is a 1961 American drama film dealing with the Holocaust and the Post-World War II Nuremberg Trials. It was written by Abby Mann, directed by Stanley Kramer, and starred Spencer Tracy, Burt Lancaster, Richard Widmark, Maximilian Schell, Werner Klemperer, Marlene Dietrich, Judy...
starring Spencer TracySpencer TracySpencer Bonaventure Tracy was an American theatrical and film actor, who appeared in 75 films from 1930 to 1967. Tracy was one of the major stars of Hollywood's Golden Age, ranking among the top ten box office draws for almost every year from 1938 to 1951...
, Tracy’s character is modeled after Brand. - Hattie Bratzel Kremen the first women in Oregon elected as a district attorney served as Justice Brand’s personal secretary and court reporter, even accompanying him to Germany.
- Authored: The Insanity Defense, 9 Ore. L. Rev. 309 (1930)
- Authored: Montesquieu and the Separation of Power, 12 Ore. L. Rev. 175 (1933)
- Authored: Crimes against humanity and the Nürnberg trials, 28 Ore. L. Rev. 93 (1949)
Decisions authored
- Mutzig v. Hope, 176 Or. 368, 158 P.2d 110 (1945) (jurisdictionJurisdictionJurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
, venueVenue (law)Venue is the location where a case is heard. In the United States, the venue is either a county or a district or division . Venue deals with locality of a lawsuit--that is, in which locale a lawsuit may be filed or commenced...
) - Marsh v. McLaughlin, 210 Or. 84, 309 P.2d 188 (1957) (tortTortA tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
s)