Justice Wallace B. Jefferson set to lead Texas' high court
Web Posted: 09/14/2004 03:26 AM CDT

Guillermo X. Garcia
Express-News Austin Bureau

AUSTIN — The descendant of a slave, Wallace B. Jefferson of San Antonio is to be appointed the first African American chief justice of the Texas Supreme Court today, two sources close to Gov. Rick Perry said.


Rising star 

Key dates in Wallace Jefferson's judicial and legal careers

November 2002: Elected to Texas Supreme Court. He and Dale Wainwright become the first African Americans elected to the state's top civil court.

March 15, 2001: Appointed to Texas Supreme Court by Gov. Rick Perry, becoming the first African American to serve on that bench. Perry calls him a 'rising star in Texas.'

1991-2001: Partner, San Antonio law firm of Crofts, Callaway & Jefferson. Argues two cases before U.S. Supreme Court, winning both on 5-4 votes.

1988: Receives law degree from the University of Texas.


It would be the second time Perry and Jefferson will make Texas judicial history: In March 2001, Perry appointed the attorney to be the first African American on the state's high court. He replaced another San Antonio native, Al Gonzales, who resigned to become President Bush's chief White House counsel.

Perry will announce Jefferson's appointment today in San Antonio, sources confirmed Monday. Jefferson will replace former Chief Justice Tom Phillips, who stepped down Sept. 3 after nearly 17 years as chief justice. 

The son of a retired Air Force colonel, he has been praised for his judicial restraint and even-tempered demeanor.

"It is not a judge's role to make law but to interpret it," Jefferson said when Perry appointed him three years ago to the nine-member panel, the ultimate court of appeals for civil cases in Texas.

It's a similar approach to the one Phillips pursued, and it "is one of the things that will make him an excellent appointment," said Ralph Wayne, president and CEO of the Texas Civil Justice League, which promotes tort and civil justice reforms.

"I am confident he has all the skills necessary to be able to bring the entire court together on many issues," Wayne said.

Jefferson was a member of the legendary but now defunct San Antonio law firm of Groce, Locke & Hebdon, once the largest and oldest civil law firm in the city.

He also is believed to be the only San Antonio attorney who has argued twice before the U.S. Supreme Court and won both cases by 5-4 margins.

"It's rare that an attorney goes before the (Supreme) Court just once, but to have argued twice and won certainly speaks to his eminent qualifications," said Bill Piatt, dean of St. Mary's University Law School. "I think Wallace ... who is very articulate and compassionate, would exemplify all the qualities the people of Texas would want in their chief justice."

Jefferson's great-great-great grandfather Shedrick Willis was listed as being a slave, the property of a Waco judge. After the Civil War, though, Willis became a city councilman.

Jefferson has recounted the story of Willis overcoming slavery in local speeches.

Jefferson, a jazz and blues aficionado, "is a late-in-life golf convert, but not a very good one," joked his brother and former law partner, Lamont Jefferson. He said his brother "has a handicap in the 22 range," making him a much better lawyer than a golfer.

"I can't be more proud of him. He is perfect for the job because he will decide issues based on the law — he has no political agenda whatsoever, and he is not beholden to anyone," Lamont Jefferson said.

After his 2001 appointment, Wallace Jefferson defeated a GOP opponent in the 2002 primary and a Democrat in the general election that year to secure his Place 3 seat.

A former president of the San Antonio Bar Association, Jefferson is a registered Republican, as are all the other justices on the court. He has nonetheless drawn positive reviews from Democrats as well as from lawyers who represent both plaintiffs and defendants in civil cases.

"I have always known Wallace to be extremely competent (and) well respected, and I've always been proud to vote for him during (past) confirmation processes," said Sen. Leticia Van de Putte, D-San Antonio.

The Texas Senate will vote on the appointment, but Van de Putte said she could not foresee the panel rejecting Wallace' nomination.

"I have spoken to both plaintiff's and defense bar (attorneys) and they all agree that Wallace is very fair, very hardworking and has a calm demeanor even when all others are riled up," Van de Putte said.

"This appointment is a milestone for our state, but why did it take so long for such an extremely competent, highly qualified African American to be named to that post?" she added.



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ggarcia@express-news.net