Edith Jones Resigns as 5th Circuit Chief Judge

© 2012 The Texas Lawbook.

By Mark Curriden
Senior Writer for The Texas Lawbook

Edith Jones has resigned as chief judge of the U.S. Court of Appeals for the Fifth Circuit effective October 1.

Chief Judge Jones, in a letter this week to Chief Justice John Roberts, which was circulated to her colleagues on the Fifth Circuit, said that she is stepping down from the chief judge’s position for “various family reasons,” but that she will stay on the court as a judge.

Judge Jones resignation means that Judge Carl Stewart, a 1994 Clinton appointee, will become the first African-American to serve as chief judge of the Fifth Circuit.

Born and raised in Louisiana during the civil rights era, Judge Stewart received his law degree from Loyola University in 1974 and immediately joined the Army as a captain in the Judge Advocate General’s Corps, where he served at Fort Sam Houston. He served for four years as a federal prosecutor and then was elected a state court judge in Louisiana.

A 1974 University of Texas Law School graduate, Chief Judge Jones was 36 years old and a partner at Andrews Kurth in Houston when President Reagan appointed her to the Fifth Circuit in 1985. New reports say that President George H.W. Bush and President George W. Bush considered Jones for vacancies on the Supreme Court of the United States.

A bankruptcy lawyer by training, Chief Judge Jones’ tenure has not been without controversy. She has had a contentious relationship with several of her colleagues, who say she has been too political.

Her most infamous public squabble occurred last year when she became frustrated with fellow appeals court judge James Dennis who she believed was consuming too much time asking questions during an oral argument. Chief Judge Jones slammed her hand down on the bench and told Judge Dennis, “I want you to shut up.” The chief judge later apologized.

Even Chief Judge Jones’ decision about when to officially step down has created a bit of stir among the Fifth Circuit judges, according to two judges who spoke with The Texas Lawbook on the condition that they not be identified.

By resigning Oct. 1 instead of three days later, Judge Jones ensures that Judge Priscilla Owen and not Judge Jennifer Elrod will become the next chief judge in seven years.

The term of chief judge of the appeals court is seven years. Once a judge turns 65, he or she is no longer eligible to be sworn is as chief judge. But if the judge is 64 years and 364 days old or younger, they are able to be sworn in and serve the full seven-year term.

Judge Owen turns 65 on October 4, 2019.

© 2012 The Texas Lawbook. Content of The Texas Lawbook is controlled and protected by specific licensing agreements with our subscribers and under federal copyright laws. Any distribution of this content without the consent of The Texas Lawbook is prohibited.