Harlington Wood, Jr.

Harlington Wood, Jr. (April 17, 1920 – December 29, 2008) was an American lawyer, jurist, political figure and an amateur actor. He served as a United States Circuit Judge of the United States Court of Appeals for the Seventh Circuit from 1976 until his death in 2008. He was considered one of the country's leading legal historians on the life and legacy of former lawyer and U.S. President Abraham Lincoln, but is perhaps best known for his involvement as an Assistant Attorney General for the U.S. Department of Justice in two separate Native American armed protests: the first being the occupation at Alcatraz Island, in San Francisco Bay, from 1969 through the summer of 1971, and the second being the Wounded Knee incident in 1973 at Wounded Knee, South Dakota. His accomplishments and impact as both jurist and statesman included participation in many recent events around the world, which he circled three times, including Russia, Outer Mongolia, Europe, Cambodia, Greenland, China, Japan and South America.

Early life

Wood was born in Springfield, Illinois, the son of Harlington Wood, Sr. a lawyer who also served as a Sangamon County, Illinois, judge for sixteen years.^[1] He received a Artium Baccalaureus degree in 1942 from the University of Illinois at Urbana-Champaign. He served in the United States Army during World War II, attaining the rank of Major, and was present at the signing of the surrender of General Tomoyuki Yamashita and Vice Admiral Denhici Okochi, Commander of the Japanese Navy in the Philippines. It is where they gave up the entire Imperial Japanese Armed Forces to American authorities at the High Commissioner's Residence in Camp John Hay in Baguio, Philippines on September 3, 1945, marking the end of World War II. Upon returning from the Pacific, Wood entered law school at the University of Illinois College of Law at Champaign, graduating in 1948 with a Juris Doctor. After passing the Bar, he went into private practice in Springfield, Illinois, with his father, from 1948 to 1958.^[2]

Legal career

In 1958, Wood was appointed United States Attorney for the southern district of Illinois by President Eisenhower. He returned to private practice in Springfield, from 1961 to 1968. In 1969 he was named Director of the Executive Office for United States Attorneys in the United States Department of Justice in Washington, D.C. In 1972 he was appointed Assistant Attorney General for the Civil Division of the Department of Justice by President Nixon. During his time in the Department of Justice he was given many special assignments specifically dealing with issues of peacekeeping in locations around the United States: Wounded Knee; Culebra; Alcatraz; anti-war demonstrations in Washington, D.C.; and national political nominating conventions in Miami, Florida.

Wounded Knee

On Feb. 27, almost two hundred armed Oglala Sioux from the Pine Ridge Indian Reservation with members of an activist group, the American Indian Movement (AIM), took over the reservation town of Wounded Knee, the site of a massacre in 1890 of three hundred Sioux by American soldiers. Their stated intent was to focus attention to what they considered government mistreatment of Indians, corruption within the Bureau of Indian Affairs and the tribal government's complicity in discrimination. United States marshals and American troops subsequently surrounded the town, and for ten weeks the two sides traded intermittent gunfire, and two Sioux were killed. On March 13, Wood — then assistant attorney general for the Civil Division of the US Justice Department — became the first government official who was allowed to enter Wounded Knee, under armed escort of residents of the reservation. He met with AIM leaders for two hours and, while he shortly thereafter became ill and did not conclude the negotiation, he is credited as the "icebreaker"^[1][3] between the government and AIM. The stand-off ended in an agreement on May 6 to end the occupation without further bloodshed.

Federal judicial service

Wood was a federal judge to the United States District Court for the Southern District of Illinois. Wood was nominated by President Richard M. Nixon on May 11, 1973, to a seat vacated by Omer Poos. He was confirmed by the United States Senate on July 13, 1973, and received commission on July 18, 1973. His service was terminated on May 28, 1976, due to appointment to another judicial position.

Wood was a federal judge to the United States Court of Appeals for the Seventh Circuit. Wood was nominated by President Gerald Ford on April 14, 1976, to a seat vacated by John Paul Stevens. He was confirmed by the United States Senate on May 6, 1976, and received commission on May 7, 1976. Assumed senior status on January 15, 1992. His service was terminated on December 29, 2008, due to death.

He has served on United States Judicial Conference Committees dealing with Bankruptcy Legislation, Court Administration, Automation, and Long Range Planning for the Federal Judiciary. He has received United States Department of State and United States Information Agency assignments to Mexico, Russia, and Romania. Wood served as an adjunct professor at University of Illinois College of Law and as a distinguished visiting professor at St. Louis University School of Law.

Legal Decisions

In the 1977 appellate case of Stump v. Sparkman, Judge Luther Swygert, writing for a panel including Judge Wood as well as Judge William G. East and himself, found that judicial immunity is available only when a judge has jurisdiction over the subject-matter of a case and that it is not available when he acts in "clear absence of all jurisdiction." Although Indiana statute law permitted the sterilization of institutionalized persons under certain circumstances, it provided for the right to notice, the opportunity to defend and the right to appeal. The Court of Appeals found no basis in statutory or common law for a court to order the sterilization of a minor child simply upon a parent's petition. It also held that Judge Stump's action could not be justified as a valid exercise of the power of courts to fashion new common law. In 1978, the United States Supreme Court reversed the Seventh Circuit's decision.

Death

Wood stopped hearing cases in 2003, and lived in a convalescent facility until his death on December 29, 2008, in Petersburg, Illinois.^[4]

Personal life

"Woody" to his friends, Wood was often referred to as "Lincolnesque" in appearance and demeanor. In 1952, he was chosen to portray Abraham Lincoln in a professional theatrical production of Kermit Hunter's Forever This Land in nearby New Salem, despite being an untrained amateur. More surprisingly, the production was attended by esteemed politicians of the day, such as Illinois Senator Scott W. Lucas, Vice President Alben W. Barkley, Wood (in Lincoln theatrical makeup) and Illinois Governor Adlai Stevenson. The play was reviewed by esteemed film critic Brooks Atkinson of The New York Times, who wrote favorably of both it and its star.

Legacy

Fellow appellate judge William J. Bauer notes that Wood "was simply a very good judge; he didn't lean to one side or the other" He further reflected that "every case he wrote, he wrote very well."^[2]

U.S. Senator Dick Durbin (D-Ill.) recalled:

As well, Circuit Judge and legal author Richard A. Posner notes in the foreword for Wood's posthumously-published book, An Unmarked Trail:

Alison Davis Wood (no relation), a producer at WILL-TV (PBS), noted that Wood demonstrated "how great men can live among us in quiet unassuming ways. She remarks that his life was a "true reflection of the American Dream — a Midwestern boy's own desire for adventure takes him around the world and back".

Wood traveled extensively, including three trips around the world, five trips to the former Soviet Union and one trip to Russia. During some of those travels, he worked with foreign judges in former Iron Curtain countries, helping them establish democratic legal systems.^[1]

He was a former president of the Abraham Lincoln Association and former chairman of the Lincoln Legal Papers research project.^[1]

Judge Wood's papers are held by the Illinois History and Lincoln Collections at the University of Illinois Library at Urbana-Champaign.

Articles and briefs authored

• "Composition and Procedure Before International Criminal Court," World Peace Through Law Center, 1970
• "The Crooked Christmas Tree," 1993
• "Judiciary Reform," American University Law Review 44(5): June 1995
• "Last Look," American Heritage (New Series) 50(2): Apr. 1999 [Stalin article]
• "Leader of the Seventh," Journal of Contemporary Health Law and Policy 17(1): 2000 [Judge Richard Posner tribute
• "Real Judges," New York University Annual Survey of American Law 58(2): 2001
• "Footnote to History: a Personal Account of Wounded Knee 1973 told for Lauren and Alex," University of Illinois Law Review, 1995
• "Footnote to History"

References

Further reading

• Harlington Wood, Jr. at the Biographical Directory of Federal Judges, a public domain publication of the Federal Judicial Center.
• Harlington Wood, Jr., "An Unmarked Trail: The Odyssey of a Federal Judge" (1996, 2004)
• Collins Fitzpatrick, "The Oral History of Judge Harlington Wood, Jr." (1997)
• Charles Chapin, "Memories of Cotton Hill and Highview" (2003)
• Re charges of corruption in the Illinois General Assembly, Statement of Prentice H. Marshall & Harlington Wood, Jr.,:

External links

• Wood's memorial website
• Papers of Abraham Lincoln, documenting and archival of the 16th President's extensive legal career

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