Priscilla Richman
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Priscilla Richman (formerly Priscilla Richman Owen; born October 4, 1954) is an American lawyer and jurist serving as a
United States circuit judge In the United States, a federal judge is a judge who serves on a court established under Article Three of the U.S. Constitution. Often called "Article III judges", federal judges include the chief justice and associate justices of the U.S. Su ...
of the
United States Court of Appeals for the Fifth Circuit The United States Court of Appeals for the Fifth Circuit (in case citations, 5th Cir.) is one of the 13 United States courts of appeals. It has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: ...
. She served as Chief Judge of that court from 2019 to 2024. She was previously a justice of the
Supreme Court of Texas The Supreme Court of Texas (SCOTX) is the court of last resort for civil matters (including juvenile delinquency cases, which are categorized as civil under the Texas Family Code) in the U.S. state of Texas. A different court, the Texas Court ...
from 1995 to 2005.


Early life and education

Priscilla Richman was born in Palacios,
Texas Texas ( , ; or ) is the most populous U.S. state, state in the South Central United States, South Central region of the United States. It borders Louisiana to the east, Arkansas to the northeast, Oklahoma to the north, New Mexico to the we ...
. Her earliest years were spent on her family's farm in Collegeport. She later grew up and went to school in
Waco Waco ( ) is a city in and the county seat of McLennan County, Texas, United States. It is situated along the Brazos River and I-35, halfway between Dallas and Austin. The city had a U.S. census estimated 2024 population of 146,608, making i ...
. She worked part-time during high school and college at her stepfather's insurance company. During summers, she returned to Collegeport, working in rice fields and herding cattle.See . Richman started college at the
University of Texas at Austin The University of Texas at Austin (UT Austin, UT, or Texas) is a public university, public research university in Austin, Texas, United States. Founded in 1883, it is the flagship institution of the University of Texas System. With 53,082 stud ...
and later transferred to
Baylor University Baylor University is a Private university, private Baptist research university in Waco, Texas, United States. It was chartered in 1845 by the last Congress of the Republic of Texas. Baylor is the oldest continuously operating university in Te ...
to be near her family in Waco. She earned a
Bachelor of Arts A Bachelor of Arts (abbreviated B.A., BA, A.B. or AB; from the Latin ', ', or ') is the holder of a bachelor's degree awarded for an undergraduate program in the liberal arts, or, in some cases, other disciplines. A Bachelor of Arts deg ...
degree, ''
cum laude Latin honors are a system of Latin phrases used in some colleges and universities to indicate the level of distinction with which an academic degree has been earned. The system is primarily used in the United States. It is also used in some Sout ...
'', from Baylor. She then went to
Baylor Law School Baylor Law School is the oldest law school in Texas. Baylor Law School is affiliated with Baylor University and located in Waco, Texas. The school has been accredited by the American Bar Association since 1931 and has been a member of the Associa ...
, where she became editor of the ''
Baylor Law Review Baylor Law School is the oldest law school in Texas. Baylor Law School is affiliated with Baylor University and located in Waco, Texas. The school has been accredited by the American Bar Association since 1931 and has been a member of the Associa ...
'' and graduated ''
cum laude Latin honors are a system of Latin phrases used in some colleges and universities to indicate the level of distinction with which an academic degree has been earned. The system is primarily used in the United States. It is also used in some Sout ...
'' in 1977, receiving a
Juris Doctor A Juris Doctor, Doctor of Jurisprudence, or Doctor of Law (JD) is a graduate-entry professional degree that primarily prepares individuals to practice law. In the United States and the Philippines, it is the only qualifying law degree. Other j ...
. From among approximately 400 examinees, at age 23, she received the highest score on the December 1977 Texas bar examination.


Career

After graduating from law school, Richman joined
Andrews & Kurth Andrews Kurth Kenyon LLP was a Houston, Texas based international law firm founded by Frank Andrews and U.S. Congressman Thomas Henry Ball in 1902, and later joined by Melvin Kurth in 1913. In April 2018, the firm merged with Hunton & Williams L ...
in
Houston Houston ( ) is the List of cities in Texas by population, most populous city in the U.S. state of Texas and in the Southern United States. Located in Southeast Texas near Galveston Bay and the Gulf of Mexico, it is the county seat, seat of ...
, specializing in oil and gas litigation. She made partner at the age of 30. In private practice, Richman handled a broad range of civil matters at the trial and
appellate In law, an appeal is the process in which Legal case, cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of cla ...
levels. She was admitted to practice before various state and federal trial courts and appellate courts. She is a member of the
American Law Institute The American Law Institute (ALI) is a research and advocacy group of judges, lawyers, and legal scholars limited to 3,000 elected members and established in 1923 to promote the clarification and simplification of United States common law and i ...
, the
American Judicature Society The American Judicature Society (AJS) is an independent, non-partisan membership organization working nationally to protect the integrity of the American justice system. AJS's membership — including judges, lawyers, and members of the public — ...
, the
American Bar Association The American Bar Association (ABA) is a voluntary association, voluntary bar association of lawyers and law students in the United States; national in scope, it is not specific to any single jurisdiction. Founded in 1878, the ABA's stated acti ...
, and a Fellow of the American and Houston Bar Foundations.


Texas Supreme Court

In 1993, after 17 years at Andrews & Kurth, she was asked to run for the
Texas Supreme Court The Supreme Court of Texas (SCOTX) is the court of last resort for civil matters (including juvenile delinquency cases, which are categorized as civil under the Texas Family Code) in the U.S. state of Texas. A different court, the Texas Court o ...
as a Republican. She won with 53 percent of the vote, promising to restore integrity and dignity to a court tainted by scandal. Richman had written articles and lobbied the
Texas Legislature The Texas State Legislature is the state legislature of the U.S. state of Texas. It is a bicameral body composed of a 31-member Senate and a 150-member House of Representatives. The state legislature meets at the Capitol in Austin. It is a p ...
to eliminate partisan election of judges, arguing that they hinder the ability of courts to provide impartial justice. When she was up for reelection in 2000, Democrats did not put up an opponent against her, and she was returned to office with 84 percent of the vote, defeating a
Libertarian Libertarianism (from ; or from ) is a political philosophy that holds freedom, personal sovereignty, and liberty as primary values. Many libertarians believe that the concept of freedom is in accord with the Non-Aggression Principle, according ...
opponent with the help of endorsements from newspapers statewide. Richman served on the board of Texas Hearing and Service Dogs, which rescues dogs from pounds, provides training for them, and then gives the dogs to disabled people who cannot otherwise afford them. In addition, she was a founding member of the St. Barnabas Episcopal Mission in
Austin Austin refers to: Common meanings * Austin, Texas, United States, a city * Austin (given name), a list of people and fictional characters * Austin (surname), a list of people and fictional characters * Austin Motor Company, a British car manufac ...
and has taught Sunday school. In the mid-1990s, Congress reduced funding for the
Legal Services Corporation The Legal Services Corporation (LSC) is a publicly funded, 501(c)(3) non-profit corporation established by the United States Congress. It seeks to ensure equal access to justice under the law for all Americans by funding organizations providing c ...
. Richman was part of a committee that successfully encouraged the
Texas Legislature The Texas State Legislature is the state legislature of the U.S. state of Texas. It is a bicameral body composed of a 31-member Senate and a 150-member House of Representatives. The state legislature meets at the Capitol in Austin. It is a p ...
to enact legislation that has resulted in millions of dollars per year in additional funds for providers of legal services to the poor. Richman served as the Texas Supreme Court's representative on the Court-Annexed Mediation Task Force, working to resolve differences between lawyer and non-lawyer mediators, in order to provide an alternative to expensive courtroom trials. She has been a member of the Gender Bias Reform Implementation Committee and statewide committees regarding legal services to the poor and
pro bono ( English: 'for the public good'), usually shortened to , is a Latin phrase for professional work undertaken voluntarily and without payment. The term traditionally referred to provision of legal services by legal professionals for people who a ...
legal services. Richman also served on the boards of advisors of the Houston and Austin Chapters of the
Federalist Society The Federalist Society for Law and Public Policy Studies (FedSoc) is an American Conservatism in the United States, conservative and Libertarianism in the United States, libertarian legal organization that advocates for a Textualism, textualist an ...
. Richman was instrumental in organizing a group known as Family Law 2000 that seeks to find ways to educate parents about the effect that divorce can have on their children and to lessen the adversarial nature of legal proceedings when a marriage is dissolved.


Federal judicial service

Richman was nominated on May 9, 2001, by President
George W. Bush George Walker Bush (born July 6, 1946) is an American politician and businessman who was the 43rd president of the United States from 2001 to 2009. A member of the Bush family and the Republican Party (United States), Republican Party, he i ...
to fill a vacancy on the Fifth Circuit created by Judge
William Lockhart Garwood William Lockhart Garwood (October 29, 1931 – July 14, 2011) was a United States federal judge, United States circuit judge of the United States Court of Appeals for the Fifth Circuit. Education and career Born in Houston, Texas, Houston, Texas ...
, who assumed senior status on January 23, 1997. Senate Democrats immediately decided to block her nomination for two reasons. First, the Democrats were angry that two previous nominees who President Clinton had nominated to Garwood's empty seat, Jorge Rangel and Enrique Moreno, were never given hearings by the
United States Senate The United States Senate is a chamber of the Bicameralism, bicameral United States Congress; it is the upper house, with the United States House of Representatives, U.S. House of Representatives being the lower house. Together, the Senate and ...
during Clinton's second term because the Senate was controlled by Republicans at the time. Second, they considered her to be too
conservative Conservatism is a cultural, social, and political philosophy and ideology that seeks to promote and preserve traditional institutions, customs, and values. The central tenets of conservatism may vary in relation to the culture and civiliza ...
. As a result, the
Senate Judiciary Committee The United States Senate Committee on the Judiciary, informally known as the Senate Judiciary Committee, is a Standing committee (United States Congress), standing committee of 22 U.S. senators whose role is to oversee the United States Departm ...
, which was controlled by Senate Democrats during the
107th Congress The 107th United States Congress was a meeting of the legislative branch of the United States federal government, composed of the United States Senate and the United States House of Representatives. It met in Washington, D.C., from January ...
, voted 10-9 along party lines against advancing Richman's nomination to a full Senate vote. In 2003, after Republicans had taken the Senate back, Democrats filibustered her. In 2005, after Republicans picked up four more seats in the Senate during the
109th Congress The 109th United States Congress was a meeting of the legislative branch of the United States federal government, composed of the United States Senate and the United States House of Representatives, from January 3, 2005, to January 3, 2007, du ...
, her nomination was again considered. Richman had considerable judicial experience as a member of the Texas Supreme Court, and had been rated "Well-Qualified" (highest possible) by the
American Bar Association The American Bar Association (ABA) is a voluntary association, voluntary bar association of lawyers and law students in the United States; national in scope, it is not specific to any single jurisdiction. Founded in 1878, the ABA's stated acti ...
for the Fifth Circuit position. According to
ABC News ABC News most commonly refers to: * ABC News (Australia), a national news service of the Australian Broadcasting Corporation * ABC News (United States), a news-gathering and broadcasting division of the American Broadcasting Company ABC News may a ...
reporter Jan Crawford Greenburg, Senate Democrats strategically "targeted outspoken conservatives who were potential Supreme Court picks....their successes in filibustering women, Hispanics, and African Americans in 2003 undermined Bush's plans to replace etiring U.S. Supreme Court Associate Justice Sandra Day O'Connorwith another woman or a minority." Supporters of the Richman nomination asserted that her criticized rulings were often near-unanimous, or simply followed federal precedents. Richman was touted as a judicial conservative who would, in the words of President Bush, "interpret the law, not legislate from the bench." Opponents, however, criticized her for what they claimed were her conservative positions on contentious social and economic issues, and pro-
corporate A corporation or body corporate is an individual or a group of people, such as an association or company, that has been authorized by the state to act as a single entity (a legal entity recognized by private and public law as "born out of s ...
decisions. Democratic Senator
Edward Kennedy Edward Moore Kennedy (February 22, 1932 – August 25, 2009) was an American lawyer and politician from Massachusetts who served as a member of the United States Senate from 1962 to his death in 2009. A member of the Democratic Party and ...
said President Bush's appointee for
Attorney General In most common law jurisdictions, the attorney general (: attorneys general) or attorney-general (AG or Atty.-Gen) is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enf ...
,
Alberto Gonzales Alberto R. Gonzales (born August 4, 1955) is an American lawyer who served as the 80th United States Attorney General from 2005 to 2007 and was the highest-ranking Hispanic American in executive government in American history until the appoin ...
, during his service with Richman on the Texas Supreme Court had frequently criticized Richman; Kennedy said Gonzales argued one of Richman's positions taken in dissent would "judicially amend" a statute for the benefit of manufacturers selling defective products. On
abortion Abortion is the early termination of a pregnancy by removal or expulsion of an embryo or fetus. Abortions that occur without intervention are known as miscarriages or "spontaneous abortions", and occur in roughly 30–40% of all pregnan ...
, Richman was criticized by pro-choice groups for her interpretation of Texas's parental-notification law, and for joining a majority decision on overrides only once. In May 2005, a compromise was arranged by a bipartisan group of moderate senators called the
Gang of 14 The Gang of 14 was a bipartisan group of Senators in the 109th United States Congress who successfully, at the time, negotiated a compromise in the spring of 2005 to avoid the deployment of the so-called "nuclear option" by Senate Republican Maj ...
, which allowed for Richman to finally be given a full Senate vote. On May 24, 2005, cloture was invoked on her nomination by an 81–18 vote. She was finally confirmed by a 55–43 vote on May 25, 2005. Richman was the third judge nominated by Bush to the Fifth Circuit and confirmed by the
United States Senate The United States Senate is a chamber of the Bicameralism, bicameral United States Congress; it is the upper house, with the United States House of Representatives, U.S. House of Representatives being the lower house. Together, the Senate and ...
. She received her commission on June 3, 2005. She has served as the circuit's
Chief Judge Chief judge may refer to: In lower or circuit courts The highest-ranking or most senior member of a lower court or circuit court with more than one judge. * Chief judge (Australia) * Chief judge (United States) In supreme courts Some of Chief ...
from 2019 to 2024.


Possible Supreme Court nomination

In 2005, Richman was often cited as a potential Bush Supreme Court nominee to replace retired justice
Sandra Day O'Connor Sandra Day O'Connor (March 26, 1930 – December 1, 2023) was an American attorney, politician, and jurist who served as an associate justice of the Supreme Court of the United States from 1981 to 2006. Nominated by President Ronald Reagan, O' ...
. On September 17, 2005, Minority Leader
Harry Reid Harry Mason Reid Jr. (; December 2, 1939 – December 28, 2021) was an American lawyer and politician who served as a United States Senate, United States senator from Nevada from 1987 to 2017. He led the Senate Democratic Caucus from 2005 to 2 ...
informed Majority Leader
Bill Frist William Harrison Frist (born February 22, 1952) is an American physician, businessman, conservationist and policymaker who served as a United States Senator from Tennessee from 1995 to 2007. A member of the Republican Party, he also served as ...
that Richman would be filibustered if she were nominated for the Supreme Court, but Frist believed at the time that Richman could still be confirmed in the face of a filibuster.


Notable opinions

In June 2015, Richman joined Judge Carolyn Dineen King in reversing an unconditional writ of
habeas corpus ''Habeas corpus'' (; from Medieval Latin, ) is a legal procedure invoking the jurisdiction of a court to review the unlawful detention or imprisonment of an individual, and request the individual's custodian (usually a prison official) to ...
granted to Albert Woodfox, one of the
Angola Three The Angola Three are three African American former prison inmates ( Robert Hillary King, Albert Woodfox, and Herman Wallace) who were held for decades in solitary confinement while imprisoned at Louisiana State Penitentiary (also known as Ango ...
inmates at the
Louisiana State Penitentiary The Louisiana State Penitentiary (known as Angola, and nicknamed the "Alcatraz of the South", "The Angola Plantation" and "The Farm"Sutton, Keith "Catfish".Out There: Angola angling. ''ESPN Outdoors''. May 31, 2006. Retrieved on August 25, 2010. ...
. The ruling, which held that Judge James Joseph Brady of the
United States District Court for the Middle District of Louisiana The United States Court for the Middle District of Louisiana (in case citations, M.D. La.) comprises the parishes of Ascension, East Baton Rouge, East Feliciana, Iberville, Livingston, Pointe Coupee, St. Helena, West Baton Rouge, and West ...
abused his discretion in issuing the writ, kept 69-year-old Woodfox in solitary confinement at the penitentiary until his release on February 19, 2016. In 2010, Richman joined Emilio M. Garza and
Edith Brown Clement Edith Joy Brown Clement (born April 29, 1948) is a senior United States circuit judge of the United States Court of Appeals for the Fifth Circuit, based in New Orleans, Louisiana. Early life and education Clement was born on April 29, 1948, in ...
in affirming the dismissal of the complaint in Doe v. Silsbee Independent School District. The plaintiff ("H.S.") was a cheerleader who was ordered by her high school to cheer for her alleged rapist, a basketball player named Rakheem Bolton. H.S. refused and was kicked off the team. She sued, claiming a violation of her
First Amendment First most commonly refers to: * First, the ordinal form of the number 1 First or 1st may also refer to: Acronyms * Faint Images of the Radio Sky at Twenty-Centimeters, an astronomical survey carried out by the Very Large Array * Far Infrared a ...
right to free speech. The
Eastern District of Texas The United States District Court for the Eastern District of Texas (in case citations, E.D. Tex.) is a federal court in the Fifth Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to ...
Judge Thad Heartfield granted the school district's motion to dismiss, and Judges Clement, Garza, and Richman affirmed. H.S. was ordered to pay the school $45,000 in legal fees for filing a "frivolous" lawsuit.


Personal life

In April 2022, Richman married
Nathan Hecht Nathan Lincoln Hecht (born August 15, 1949) is an American lawyer who served as the chief justice of the Supreme Court of Texas from 2013 until his mandatory retirement December 31, 2024. A Republican from Dallas, Hecht was first elected to the ...
, chief justice of the
Texas Supreme Court The Supreme Court of Texas (SCOTX) is the court of last resort for civil matters (including juvenile delinquency cases, which are categorized as civil under the Texas Family Code) in the U.S. state of Texas. A different court, the Texas Court o ...
. Richman announced she would resume using her maiden name.


See also

* George W. Bush judicial appointment controversies * George W. Bush Supreme Court candidates


Footnotes


External links

*
Priscilla Richman's role in denial of deathbed furlough for case of politically charged defendant
*
Priscilla Richman's political donationsRichman article from Baylor Alumni Association
(2006-01-10).
Richman confirmation hearing (pdf)
(2003-03-13).
Richman confirmation hearing (txt)
(2003-03-13). *. , - {{DEFAULTSORT:Richman, Priscilla 1954 births Living people Baylor Law School alumni Judges of the United States Court of Appeals for the Fifth Circuit Lawyers from Houston People from Palacios, Texas People from Waco, Texas Texas Republicans Justices of the Supreme Court of Texas United States court of appeals judges appointed by George W. Bush 21st-century American women judges 20th-century American women judges 20th-century Texas state court judges