Robert Smith Vance
Encyclopedia
Robert Smith Vance was a United States federal judge
. He is one of the few judges in American history to have been assassinated
as the result of his judicial service.
, Vance was the youngest of four children born to parents Harrell T. Vance and Mae Smith. He grew up in Birmingham, Alabama
, graduating from Woodlawn High School. He then received a B.S.
from the University of Alabama
in 1950, and a J.D.
from University of Alabama School of Law
in 1952. While at Alabama, Vance was purportedly the head of a secret yet powerful inter-fraternity organization known as The Machine
and was elected as President of the Student Government Association. After earning his law degree, Vance entered military duty as an attorney on the United States Army
Judge Advocate General Corps, and was stationed at the Pentagon. One of his first assignments was to serve on the team of lawyers defending the Army in hearings against charges brought by Senator Joseph McCarthy
.
After his military service, Vance received an LL.M. from George Washington University Law School in 1955 and served as a law clerk to Alabama Supreme Court Justice James Mayfield. He then served a one-year stint as an attorney for the U.S. Labor Department before entering private practice in Birmingham from 1956 to 1977.
As a lawyer, Vance quickly sided with the developing civil rights movement, as shown as his participation as an intervening plaintiff in litigation that ultimately resulted in the U.S. Supreme Court decision in Reynolds v. Sims
, which decided that state legislative districts had to be roughly equal in population. Vance also was the first notable Birmingham attorney to reject the unwritten "gentleman's agreement" by which all black members of a jury pool were eliminated from serving as jurors in civil cases.
Vance served as Chairman of the Alabama Democratic Party
from 1966 to 1977. His election as Chairman capped a struggle within the Alabama Democratic Party, as a group loyal to the national party wrested control from a states' right faction loyal to Governor George Wallace
. Throughout Vance's tenure as chairman, Wallace was never able to capture the state party organization, despite continual struggles between the two factions.
The most well-known example of this fight came during the 1968 Democratic National Convention
in Chicago, as competing slates of delegates vied for credentials to be seated. Vance's group of party loyalists overcame challenges from both Wallace's group and a predominantly black slate headed by Dr. John Cashin of Huntsville, Alabama
.
Vance was also a lecturer at the Cumberland School of Law
, at Samford University
from 1967 to 1969. He served for a number of years in the U.S. Army Reserve, retiring as a Lieutenant Colonel.
Jimmy Carter
to a seat on the United States Court of Appeals for the Fifth Circuit
being vacated by Walter Pettus Gewin
. Vance was confirmed by the United States Senate
on December 15, 1977, and received his commission the same day. The jurisdiction of the Fifth Circuit at that time included six Southern states, including Alabama. In 1981, the territory of the Fifth Circuit was divided into two circuits, and on October 1, 1981, Vance was reassigned to the United States Court of Appeals for the Eleventh Circuit
, on which he served until his death.
when he opened a package containing a mail bomb. Vance was killed instantly and his wife, Helen, was seriously injured. After an intensive investigation, the federal government charged Walter Leroy Moody, Jr. with the murders of Judge Vance and of Robert E. Robinson, a black civil rights attorney in Savannah, Georgia
, who had been killed in a separate explosion. Moody was also charged with mailing bombs that were defused at the Eleventh Circuit's headquarters and at the Jacksonville office of the NAACP
.
Moody had previously been convicted in 1972 of the possession of a bomb that had exploded in his house. He served four years in federal prison. Prosecutors speculated that Moody's motive for killing Judge Vance was revenge against Vance's court, the U.S. Court of Appeals for the Eleventh Circuit, which had refused to expunge that conviction. Vance himself, however, had not been a member of the panel that considered Moody's earlier case. Following John H. Wood, Jr.
and Richard J. Daronco
, Vance became the third federal judge in the twentieth century to be assassinated as a result of his judicial service.
After an order was entered directing the recusal
of all circuit and district judges within the Eleventh Circuit, Moody's trial for murder and related crimes was presided over by Judge Edward J. Devitt of the District of Minnesota. Moody was convicted on all counts.
He was sentenced to seven federal life terms. Subsequently, an Alabama state-court jury convicted Moody of Judge Vance's murder and he was sentenced to death in 1997. He remains on death row at the Holman Correctional Facility
near Atmore, Alabama
. He entered death row on February 13, 1997. Moody has the Alabama Institutional Serial # 00Z613.
renaming the federal building and courthouse in Birmingham, Alabama, as the Robert S. Vance Federal Building and United States Courthouse in memory of Vance. Also in tribute to Judge Vance's service, the Atlanta chapter of the Federal Bar Association hosts an annual Robert S. Vance Forum on the Bill of Rights.
Vance's older son, Robert Vance, Jr., currently serves as a state circuit court judge in Birmingham, having first been appointed to that position in November 2002, and elected in 2004. His younger son is a doctor in North Carolina
. Vance's daughter-in-law, Joyce Vance, was named U.S. Attorney for the Northern District of Alabama in July 2009.
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....
. He is one of the few judges in American history to have been assassinated
Assassination
To carry out an assassination is "to murder by a sudden and/or secret attack, often for political reasons." Alternatively, assassination may be defined as "the act of deliberately killing someone, especially a public figure, usually for hire or for political reasons."An assassination may be...
as the result of his judicial service.
Early life and career
Born in Talladega, AlabamaTalladega, Alabama
Talladega is a city in Talladega County, Alabama, United States. At the 2000 census the population was 15,143. The city is the county seat of Talladega County. Talladega is approximately 50 miles east of Birmingham, Alabama....
, Vance was the youngest of four children born to parents Harrell T. Vance and Mae Smith. He grew up in Birmingham, Alabama
Birmingham, Alabama
Birmingham is the largest city in Alabama. The city is the county seat of Jefferson County. According to the 2010 United States Census, Birmingham had a population of 212,237. The Birmingham-Hoover Metropolitan Area, in estimate by the U.S...
, graduating from Woodlawn High School. He then received a B.S.
Bachelor of Science
A Bachelor of Science is an undergraduate academic degree awarded for completed courses that generally last three to five years .-Australia:In Australia, the BSc is a 3 year degree, offered from 1st year on...
from the University of Alabama
University of Alabama
The University of Alabama is a public coeducational university located in Tuscaloosa, Alabama, United States....
in 1950, and a J.D.
Juris Doctor
Juris Doctor is a professional doctorate and first professional graduate degree in law.The degree was first awarded by Harvard University in the United States in the late 19th century and was created as a modern version of the old European doctor of law degree Juris Doctor (see etymology and...
from University of Alabama School of Law
University of Alabama School of Law
The University of Alabama School of Law located in Tuscaloosa, Alabama is a nationally ranked top-tier law school and the only public law school in the state. In total, it is one of five law schools in the state, and one of three that are ABA accredited.The diverse student body, of approximately...
in 1952. While at Alabama, Vance was purportedly the head of a secret yet powerful inter-fraternity organization known as The Machine
The Machine
The Machine, the former Alpha Rho chapter of Theta Nu Epsilon at the University of Alabama, is a coalition of traditionally white fraternities and sororities which formed a secret society with some degree of influence over campus and Alabama state politics...
and was elected as President of the Student Government Association. After earning his law degree, Vance entered military duty as an attorney on 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...
Judge Advocate General Corps, and was stationed at the Pentagon. One of his first assignments was to serve on the team of lawyers defending the Army in hearings against charges brought by Senator Joseph McCarthy
Joseph McCarthy
Joseph Raymond "Joe" McCarthy was an American politician who served as a Republican U.S. Senator from the state of Wisconsin from 1947 until his death in 1957...
.
After his military service, Vance received an LL.M. from George Washington University Law School in 1955 and served as a law clerk to Alabama Supreme Court Justice James Mayfield. He then served a one-year stint as an attorney for the U.S. Labor Department before entering private practice in Birmingham from 1956 to 1977.
As a lawyer, Vance quickly sided with the developing civil rights movement, as shown as his participation as an intervening plaintiff in litigation that ultimately resulted in the U.S. Supreme Court decision in Reynolds v. Sims
Reynolds v. Sims
Reynolds v. Sims, 377 U.S. 533 was a United States Supreme Court case that ruled that state legislature districts had to be roughly equal in population.-Facts:...
, which decided that state legislative districts had to be roughly equal in population. Vance also was the first notable Birmingham attorney to reject the unwritten "gentleman's agreement" by which all black members of a jury pool were eliminated from serving as jurors in civil cases.
Vance served as Chairman of the Alabama Democratic Party
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
from 1966 to 1977. His election as Chairman capped a struggle within the Alabama Democratic Party, as a group loyal to the national party wrested control from a states' right faction loyal to Governor George Wallace
George Wallace
George Corley Wallace, Jr. was the 45th Governor of Alabama, serving four terms: 1963–1967, 1971–1979 and 1983–1987. "The most influential loser" in 20th-century U.S. politics, according to biographers Dan T. Carter and Stephan Lesher, he ran for U.S...
. Throughout Vance's tenure as chairman, Wallace was never able to capture the state party organization, despite continual struggles between the two factions.
The most well-known example of this fight came during the 1968 Democratic National Convention
1968 Democratic National Convention
The 1968 Democratic National Convention of the U.S. Democratic Party was held at the International Amphitheatre in Chicago, Illinois, from August 26 to August 29, 1968. Because Democratic President Lyndon Johnson had announced he would not seek a second term, the purpose of the convention was to...
in Chicago, as competing slates of delegates vied for credentials to be seated. Vance's group of party loyalists overcame challenges from both Wallace's group and a predominantly black slate headed by Dr. John Cashin of Huntsville, Alabama
Huntsville, Alabama
Huntsville is a city located primarily in Madison County in the central part of the far northern region of the U.S. state of Alabama. Huntsville is the county seat of Madison County. The city extends west into neighboring Limestone County. Huntsville's population was 180,105 as of the 2010 Census....
.
Vance was also a lecturer at the Cumberland School of Law
Cumberland School of Law
Cumberland School of Law is an ABA accredited law school at Samford University in Birmingham, Alabama. The 11th oldest law school in the United States, it is 160 years old and has more than 11,000 graduates. Its alumni include two United States Supreme Court Justices; Nobel Peace Prize recipient...
, at Samford University
Samford University
Samford University, founded as Howard College is a private, coeducational, Alabama Baptist Convention-affiliated university located in Homewood, a suburb of Birmingham, Alabama, United States. It includes the , Cumberland School of Law, McWhorter School of Pharmacy, Brock School of Business, Ida V....
from 1967 to 1969. He served for a number of years in the U.S. Army Reserve, retiring as a Lieutenant Colonel.
Federal judicial service
On November 4, 1977, Vance was nominated by PresidentPresident of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
Jimmy Carter
Jimmy Carter
James Earl "Jimmy" Carter, Jr. is an American politician who served as the 39th President of the United States and was the recipient of the 2002 Nobel Peace Prize, the only U.S. President to have received the Prize after leaving office...
to a seat on the United States Court of Appeals for the Fifth Circuit
United States Court of Appeals for the Fifth Circuit
The United States Court of Appeals for the Fifth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Louisiana* Middle District of Louisiana...
being vacated by Walter Pettus Gewin
Walter Pettus Gewin
Walter Pettus Gewin was a United States federal judge.Born in Nanafalia, Alabama, Gewin received an A.B. from Birmingham-Southern College in 1930, a B.L.S. from Emory University in 1932, and an LL.B. from the University of Alabama School of Law in 1935. He was in private practice in Birmingham,...
. Vance was confirmed by the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
on December 15, 1977, and received his commission the same day. The jurisdiction of the Fifth Circuit at that time included six Southern states, including Alabama. In 1981, the territory of the Fifth Circuit was divided into two circuits, and on October 1, 1981, Vance was reassigned to the United States Court of Appeals for the Eleventh Circuit
United States Court of Appeals for the Eleventh Circuit
The United States Court of Appeals for the Eleventh Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Middle District of Alabama...
, on which he served until his death.
Murder
On December 16, 1989, Vance was killed at his home in Mountain Brook, AlabamaMountain Brook, Alabama
Mountain Brook is a city in southeastern Jefferson County, Alabama, and a suburb of Birmingham. According to 2005 Census Bureau estimates, the population of the city is 20,821. Mountain Brook is a particularly affluent city within the Birmingham metropolitan area and has appeared in several lists...
when he opened a package containing a mail bomb. Vance was killed instantly and his wife, Helen, was seriously injured. After an intensive investigation, the federal government charged Walter Leroy Moody, Jr. with the murders of Judge Vance and of Robert E. Robinson, a black civil rights attorney in Savannah, Georgia
Savannah, Georgia
Savannah is the largest city and the county seat of Chatham County, in the U.S. state of Georgia. Established in 1733, the city of Savannah was the colonial capital of the Province of Georgia and later the first state capital of Georgia. Today Savannah is an industrial center and an important...
, who had been killed in a separate explosion. Moody was also charged with mailing bombs that were defused at the Eleventh Circuit's headquarters and at the Jacksonville office of the NAACP
National Association for the Advancement of Colored People
The National Association for the Advancement of Colored People, usually abbreviated as NAACP, is an African-American civil rights organization in the United States, formed in 1909. Its mission is "to ensure the political, educational, social, and economic equality of rights of all persons and to...
.
Moody had previously been convicted in 1972 of the possession of a bomb that had exploded in his house. He served four years in federal prison. Prosecutors speculated that Moody's motive for killing Judge Vance was revenge against Vance's court, the U.S. Court of Appeals for the Eleventh Circuit, which had refused to expunge that conviction. Vance himself, however, had not been a member of the panel that considered Moody's earlier case. Following John H. Wood, Jr.
John H. Wood, Jr.
John Howland Wood, Jr. was an American lawyer and judge from the U.S. state of Texas. He served on the United States District Court for the Western District of Texas before being assassinated by Charles Harrelson outside Wood's home in San Antonio, Texas, in 1979. Wood's killing was the first...
and Richard J. Daronco
Richard J. Daronco
Richard Joseph Daronco was a federal judge in the United States.Daronco was born in New York City. He graduated from Providence College and Albany Law School, and practiced law in White Plains, New York from 1959 to 1971...
, Vance became the third federal judge in the twentieth century to be assassinated as a result of his judicial service.
After an order was entered directing the recusal
Recusal
Judicial disqualification, also referred to as recusal, refers to the act of abstaining from participation in an official action such as a legal proceeding due to a conflict of interest of the presiding court official or administrative officer. Applicable statutes or canons of ethics may provide...
of all circuit and district judges within the Eleventh Circuit, Moody's trial for murder and related crimes was presided over by Judge Edward J. Devitt of the District of Minnesota. Moody was convicted on all counts.
He was sentenced to seven federal life terms. Subsequently, an Alabama state-court jury convicted Moody of Judge Vance's murder and he was sentenced to death in 1997. He remains on death row at the Holman Correctional Facility
Holman Correctional Facility
Holman Correctional Facility is an Alabama Department of Corrections prison located in unincorporated southwestern Escambia County, Alabama. The facility is along Alabama State Highway 21, north of Atmore....
near Atmore, Alabama
Atmore, Alabama
Atmore is a city in Escambia County, Alabama, United States. At the 2000 census the population was 7,676. According to the 2005 U.S. Census estimates, the city had a population of 7,530. The city was named for Mr. C.P. Atmore....
. He entered death row on February 13, 1997. Moody has the Alabama Institutional Serial # 00Z613.
Legacy
In 1990, Congress passed H.R. 3691, a bill sponsored by Ben ErdreichBen Erdreich
Benjamin Erdreich is a former United States congressman from Alabama.-Early life:Erdreich was born in Birmingham, Alabama to an upper-middle class family. He attended Yale University, graduating in 1960. He served as editor of the Alabama Law Review while attending the University of Alabama law...
renaming the federal building and courthouse in Birmingham, Alabama, as the Robert S. Vance Federal Building and United States Courthouse in memory of Vance. Also in tribute to Judge Vance's service, the Atlanta chapter of the Federal Bar Association hosts an annual Robert S. Vance Forum on the Bill of Rights.
Vance's older son, Robert Vance, Jr., currently serves as a state circuit court judge in Birmingham, having first been appointed to that position in November 2002, and elected in 2004. His younger son is a doctor in North Carolina
North Carolina
North Carolina is a state located in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north. North Carolina contains 100 counties. Its capital is Raleigh, and its largest city is Charlotte...
. Vance's daughter-in-law, Joyce Vance, was named U.S. Attorney for the Northern District of Alabama in July 2009.