James R. Browning, the rural Montana native who rose to head the powerful U.S. 9th Circuit Court of Appeals and unified its diverse judges in campaigns to enlarge the bench and protect the sprawling circuit from division, has died. He was 93.
. . .
Browning was the last 9th Circuit judge appointed by President Kennedy, whom he met on Inauguration Day 1961, when, as clerk of the U.S. Supreme Court, he held the Bible as the chief justice swore the youngest chief executive into office.
A force on the 9th Circuit for more than half a century, Browning's greatest contribution, in his own estimation and that of others, was protecting the vast circuit spanning nine states and two Pacific territories from being split into two or three courts, diminishing its authority to decide most laws for one-fifth of the nation.
. . .
"He kept the circuit together in the face of strong political pressures to divide it. He did this with skill and charm and a tremendous ability to work with people" ...
Testament to Browning's talent for low-key persuasion, Browning got all 18 senators from the 9th Circuit states, both Republicans and Democrats, to join in the appeal for expanding the bench quickly. The strategy succeeded, and the court was given 10 new judgeships that were filled by President Carter, imprinting the bench with the liberal image it still retains for many.
. . .
"While we are always saddened by the loss of a valued colleague, the passing of Judge Browning truly marks the end of an era for the 9th Circuit," Chief Judge Alex Kozinski said. "On the bench, Judge Browning was a distinguished jurist who cared deeply about achieving justice. In judicial governance, he was an innovative administrator, who cajoled the court into the computer age. As importantly, perhaps, he was a genuinely warm and caring human being, famous for the twinkle in his eye, who brightened the lives of everyone around him."
The court's stately headquarters in San Francisco was renamed for Browning in 2005 after its renovation...
During his tenure as chief judge from 1976 to 1988, Browning introduced an automated docketing system, consolidated related issues and assigned them to the same judges to create expert panels. He also devised the "limited en banc" review, a sitting of 11 judges for cases involving particularly important questions of law over which the three-judge panels were split, in conflict with other circuit courts' interpretations or thought to be unrepresentative of the court majority. The 9th Circuit was the first to gather en banc without all active judges taking part.
. . .
Browning is survived by his wife of 70 years, Marie Rose, his daughter, Jeanne Sommer, and three grandchildren.
More (w/photo):
http://www.latimes.com/news/obituaries/la-me-james-browning-20120509,0,5277443.story
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