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Circuit Judge Tom Reavley, ‘Pope of the Fifth Circuit,’ Has Died

December 1, 2020 Mark Curriden

Thomas Reavley preached his first sermon against racial discrimination in East Texas in 1935. He was a Naval officer in the South Pacific during World War II. He was a prosecutor in Dallas. Governor John Connally appointed him to a Travis County district court and later to the Texas Supreme Court. President Jimmy Carter appointed Reavley to the U.S. 5th Circuit Court of Appeals in 1979.

Judge Reavley, who was believed to be the oldest serving federal appellate judge in the U.S., died Tuesday in Houston. He was 99.

Judge Reavley and fellow Fifth Circuit Judge Carolyn King married in 2004. Judge King’s chambers confirmed the news of Judge Reavley’s death Tuesday morning.

“Tom was a wonderful colleague and friend,” Judge Patrick Higginbotham of the Fifth Circuit told The Texas Lawbook Tuesday. “He has very good judgment. He was an old school gentleman and judge when it came to the courtroom, his handling of other lawyers and those around him.”

Born in Quitman in 1923, Reavley was 13 years old when he took to a church pulpit in Nacogdoches to tell a congregation that racial prejudice and segregation are incompatible with the Christian faith.

“Although he continued to serve as a Methodist lay preacher for decades, his passion for equity, morality and justice—though not always well-received—led him to a lifetime of much broader public service,” Texas Supreme Court Justice Jeffrey Boyd wrote about Judge Reavley in a Texas Lawbook article.

A 1942 graduate of the University of Texas, Reavley served four years as a Navy lieutenant during World War II before obtaining his law degree from Harvard in 1948.

He began his legal career as an assistant district attorney in Dallas, and after building a successful private practice, went on to serve as the Nacogdoches County attorney.

In 1954, after Gov. Allan Shivers announced that he would uphold the U.S. Supreme Court’s anti-segregation decision in Brown v. Board of Education whether he agreed with it or not (a promise he later failed to keep), Reavley promptly responded by volunteering to support Shivers’ reelection campaign.

Shivers quickly grew to trust Reavley and appointed him as Texas Secretary of State the following year. Though he drew praise for his service over the next two years, Reavley received extensive criticism for his 1956 speech to the Burnet Community Brotherhood, in which he essentially repeated the message he had delivered at the age of 13.

Reavley joined the judiciary when Gov. John Connally appointed him to a Travis County district court in 1964, and then to the Texas Supreme Court four years later.

Honoring Reavley following his retirement from the high court in 1977, then-Chief Justice Joe Greenhill wrote: “The term ‘distinguished public service’ is so overused that its meaning is either lost or diluted. In its true sense, and with honor, Tom Reavley deserves . . . [that] accolade for unselfish and meaningful distinguished public service.”

As it turned out, Reavley had not yet reached even the halfway point of what became nearly eight decades of public service.

In 1979, President Jimmy Carter appointed Reavley to the U.S. 5th Circuit Court of Appeals.

“After 50 years on the bench, Judge Reavley’s influence on the law has been immense, but his impact on the profession and those who practice it are immeasurable,” said Justice Boyd, who clerked for Judge Reavley.

Never content to just “sit the bench,” Reavley continually wrote and lectured on professionalism and legal ethics for law reviews and law schools across the country. His colleagues publicly referred to him as “The Pope of the 5th Circuit.”

His numerous former law clerks, which include the likes of lexicographer Bryan Garner, UT law professor Alex Albright and legal aid stalwart Jerry Wesovich, uniformly speak of him as their model of professional integrity.

Always preaching the gospel of civility, honesty, morals and the rule of law, Reavley inspired and encouraged generations of judges and lawyers to simply “do the right thing.”

Attorneys, he once wrote, “are not merely mouthpieces for hire; they are pledged to be trustworthy servants of truth and justice. All who would betray that basic principle, who wink at deceit and perjury, who sell their honor with their services – these are unworthy of the profession.”

Mark Curriden

Mark Curriden is a lawyer/journalist and founder of The Texas Lawbook. In addition, he is a contributing legal correspondent for The Dallas Morning News.

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