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Judicial Appointments - Louisiana
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Judicial Appointments - Louisiana
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The original documents are located in Box 21, folder "Judicial Appointments - Louisiana"
of the Philip Buchen Files at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Digitized from Box 21 of the Philip Buchen Files at the Gerald R. Ford Presidential Library
July 9, 1975
MEMORANDUM FOR
THE HONORABLE HAROLD R. TYLER, JR.
DEPUTY ATTORNEY GENERAL
Subject: Recommendation for Federal District Judge
In Louisiana
Attached is a copy of a letter from a friend of mine
supporting Revius Ortique, Jr. of New Orleans for
this appointment.
Philip W. Buchen
Counsel to the President
Attachment
FORD it LIBRARY 03RALD
July 9, 1975
Dear John:
Many thanks for your letter of July 2 recommending
Mr. Revins O. Ortique, Jr. for appointment to the
Federal bench in Louisiana.
I have passed on your recommendation to Deputy
Attorney General Tyler so that Mr. Ortique may be
given prompt consideration, and I will do what I
can when the matter reaches the White House.
Sincerely,
Philip W. Buchen
Counsel to the President
Mr. John W. Cummiskey
465 Old Kent Building
Grand Rapids, Michigan 49502
FORD a QERALD LIBRARY
MILLER
Miller, Johnson, Snell & Cummiskey
JOHNSON-
SNELL
ATTORNEYS
CUMMISKEY
MALE
TELEPHONE 459-8311
AREA CODE 616
C.
BRANSDORFER
465 OLD KENT BUILDING
PARSONS
URPHY
GRAND RAFIDS. MICHIGAN 49502
RICHARD F. HOOKER
E.
JABIN
(1926-1970)
ENGBERS
STOKES
July 2, 1975
PATTERSON
HENDERSON
J.
QUIST
MCNEIL
GUENTHER
GUIKEMA
KOK
c. HAWK
MUTH
THORSEN
D. BROWER. JR.
MARCH
FORTUNA.
JR.
STEINES. JR.
A. SNAPPER
Philip W. Buchen, Esq.
Office of the President
The White House
Washington, D. C.
Dear Phil,
I understand the name of Revius O. Ortique, Jr., of
New Orleans, has been presented as a possible nominee for Federal
District Judge in Louisiana.
Revius has been a good friend of mine for almost twenty
years. We have worked closely together on the problems of extending
legal services to the indigent and to those of modest means.
I understand he has considerable backing in New Orleans
from the media and others, so perhaps my recommendation is redundant.
From my own knowledge in working with Revius, I believe
he will do an outstanding job on the Federal bench. He is a
natural leader (currently President of NLADA, Past President of
National Bar Association, many ABA interests, presently a nominee
to the Board of Directors of the National Legal Services Corpora-
tion). He is a trial lawyer. He is compassionate but is firmly
committed to the rule of law as an absolutely necessary ingredient
in the survival of our system of government.
Sincerely,
FORD
MILLER, JOHNSON, SNELL & CUMMISKEY
LIBRARY
By
JWC/jhm
John John W. Cummiskey
THE WHITE HOUSE
fustin
WASHINGTON
July 9, 1975
Dear John:
Many thanks for your letter of July 2 recommending
Mr. Revius O. Ortique, Jr. for appointment to the
Federal bench in Louisiana.
I have passed on your recommendation to Deputy
Attorney General Tyler SO that Mr. Ortique may be
given prompt consideration, and I will do what I
can when the matter reaches the White House.
Sincerely,
Thil
Philip W. Buchen
Counsel to the President
Mr. John W. Cummiskey
465 Old Kent Building
Grand Rapids, Michigan 49502
FORD & LIBRARY
THE WHITE HOUSE
WASHINGTON
July 9, 1975
MEMORANDUM FOR
THE HONORABLE HAROLD R. TYLER, JR.
DEPUTY ATTORNEY GENERAL
Subject: Recommendation for Federal District Judge
in Louisiana
Attached is a copy of a letter from a friend of mine
supporting Revius Ortique, Jr. of New Orleans for
this appointment.
T.W.B.
Philip W. Buchen
Counsel to the President
Attachment
ADDRESS GERALD ? FORD
ustice
THE WHITE HOUSE
WASHINGTON
November 9, 1975
Dear Mr. Tucker:
Thank you very much for your telegram
concerning the matter of Federal
Judgeship vacancies in the Eastern
District of Louisiana. Your recom-
mendation will be included when
nominations to these positions are
being considered.
With best wishes.
Sincerely,
Philip
Counsel to the President
Mr. Robert H. Tucker, Jr.
Executive Assistant to the
Mayor
New Orleans, Louisiana
CC: Doug Bennett
Harold Tyler
the Hause
WHB074 (1946) (1-035660A308)PI PD 11/04/75 1945
ICS IPMNAWA WSH
975 NOV 4 PM 7 43
6
10074 1-035746C308 11-04 1906 ICS IPMNSTA NN
7
PMS 01098 NEWORLEANS LA 33 11-04 525P CST
8
9
THE HONORABLE PHILIP BUCHEN, COUNSELOR TO THE PRESIDENT
10
OFFICE OF THE PRESIDENT
11
12
WHITEHOUSE DC
13
DEAR MR. SIR:
14
15
THERE EXIST TWO FEDERAL JUDGESHIP VACANCIES FOR THE EASTERN
16
DISTRICT OF LOUISIANA LOCATED IN NEW ORLEANS, LOUISIANA.
17
18
I HIGHLY RECOMMEND REVIUS ORTIQUE, JR. FOR ONE OF THE
19 VACANCIES.
20
21
VERY TRULY YOURS,
22
ROBERT H TUCKER JR EXECUTIVE ASSISTANT TO THE MAYOR
23
24
25
NNNN
26
FORD is GERALD LIBRARY
file
THE WHITE HOUSE
WASHINGTON
March 1, 1976
MEMORANDUM FOR:
DOUG BENNETT
FROM:
MAX FRIEDERSDORF
M.G.
SUBJECT:
Louisiana Federal Judgeships
Representative Joe Waggonner (D-LA), has recommended the
following attorneys be considered for the Western District
Federal Judgeship in Louisiana:
James E. Boland, a member of the 2nd Court of Appeals
John J. Fant, District Court Judge
Cecil Ramey, Shreveport attorney
Sidney Cook-Shreveport attorney
Bob Pugh, Shreveport attorney and president of the State
Bar Association.
Henry Politz, Shreveport attorney
CC: Jack Marsh
Dick Cheney
Phil Buchen
Vern Loen
Fill
March 1, 1976
Dear Senator:
On behalf of the President, I wish to thank
you for the February 24 letter from you and
Senator Long, emphasizing your previously
expressed recommendation that a black lawyer
be appointed as United States District Judge
for the Eastern Bistrict of Louisiana.
I have been asked to assure you that your
suggestion is appreciated and will be fully
considered in selecting a qualified candidate.
with kind regards,
Sincerely,
William T. Kendall
Deputy Assistant
to the President
The Honorable J. Bennett Johnston
United States Senate
Washington, D.C. 20510
bee: w/ine to Douglas Bennett for further handling
bee: w/inc to Philip Buchen for your information
bee: w/inc to Joe Jenckes - for your information
WTK:JEB:VO:jem
GERALD K. FORD LIBRARY
2-27
5
United States Senate
WASHINGTON, D.C. 20510
in
59
M
February 24, 1976
THE
WASHIN
The President
The White House
Washington, D. C.
Dear Mr. President:
Some weeks ago, we recommended to you that
you appoint a qualified black lawyer as United
States District Judge for the Eastern District
of Louisiana in New Orleans. There are now
two such vacancies.
}
We did not then and do not now insist on
any particular individual because we think the
principle involved is more important than the
individual.
e
We now earnestly renew this request to you.
f
n
Respectfully yours
Russul Russell United States B. Long Senator
e.
J. Bennett Johnston
United States Senator
Enclosure
GERALD ii. FORD
An
file
March 4, 1976
Dear Senator:
Thank you for your letter of March 2, 1976, to
the President on behalf of Mr. Revius O. Ortique,
Jr., who wishes to be considered for appointment
as United States District Judge for the Eastern
District of Louisiana.
I have referred your letter to the White House
staff office handling this matter and you may
be certain that it will be given very careful
and thoughtful consideration.
With best wishes,
Sincerely,
Joseph S. Jenckes Y
Special Assistant
for Legislative Affairs
The Honorable J. Bennett Johnston
United States Senate
Washington, D. C. 20510
bec:w/incoming to Doug Bennett for further handling
bee? with incoming to Philip Buchen FYI
JSJ:pd
LIBRARY GERALD : FORD
J. BENNETT JOHNSTON
LOUISIANA
3-3
United States Senate
WASHINGTON, D.C. 20510
March 2, 1976
The President
The White House
Washington, D. C.
Dear Mr. President:
mE
I have previously written recommending
that you appoint a qualified black attorney as
United States District Judge for the Eastern
District of Louisiana in New Orleans. A number
of candidates have been highly recommended.
They include:
Robert Collins
Nils R. Douglas
Ernest N. Morial
Each of these prospective nominees has now
written to me recommending Revius O. Ortique, Jr.
as the nominee. Their recommendation, of course,
has special credibility because of the fact that
each of these men has the credentials and back-
ground to merit consideration himself.
I submit that these recommendations are
worthy of your most serious consideration.
JBJ:Jlw
GERALD
Indianal
appointments
THE WHITE HOUSE
WASHINGTON
March 19, 1976
Dear Mr. Cervase:
Thank you very much for your letter of
March 10 concerning the U. S. Attorney
in the Eastern District of Louisiana.
I am referring your letter to the
appropriate officials in the Department
of Justice for comment.
They Philip Sincerely, W. W.Bucken Buchen
Counsel to the President
Mr. John Cervase
423 Ridge Street
Newark, New Jersey 07104
LICRAP
THE WHITE HOUSE
WASHINGTON
March 19, 1976
MEMORANDUM FOR
THE DEPUTY ATTORNEY GENERAL
DEPARTMENT OF JUSTICE
Attached is a copy of a letter from
Mr. John Cervase concerning U. S. Attorney
Gerald J. Gallinghouse of the Eastern
District of Louisiana.
I would appreciate your comments and
suggestions.
Philip P.W.B. W. Buchen
Counsel to the President
Attachment
GERALD
LAW OFFICES
JOHN CERVASE
423 RIDGE STREET
NEWARK, N.J. 07104
201 - 483-1800
March 10, 1976
Hon. Philip W. Buchen
Counsel to the President
The White House
Washington, DC 20500
Re: Gerald J. Gallinghouse,
U.S. Attorney (ED LA).
Dear Mr. Buchen:
Last month Mr. Gallinghouse withdrew as a
candidate for a vacancy on the U.S. District Court after
the ABA found that he was unfit for the office.
This finding was further supported by events last
week. Mr. Gallinghouse unilaterally designated the
Chancellor of Tulane Medical School as an "unindicted
co-conspirator" in a criminal case. U.S. District Judge
Edmunt Palmieri of New York sharply criticized him for this
act, and "relayed to the U.S. Attorney's office some
observations and advice about the use of the term 'unindicted
co-conspirator'". (Enclosed). Mr. Gallinghouse has been in
office for six years. There is no reasonable justification
for his action.
Last Saturday the New Orleans Times-Picayune published
a letter by Mr. Gallinghouse's assistant which defended him.
In the letter this Assistant U.S. Attorney clearly implied
that Gallinghouse not only used his office to obtain the
judicial nomination, but that he is now using it to identify
the people who opposed his nomination. It is not unreasonable
to infer that he will use his office to stigmatize those
opponents.
The threat of stigmatization is not idle. of course
the Chancellor's case is one example. But within the last
two weeks, Mr. Gallinghouse has disclosed to the press the
name of a local sheriff under investigation, information
about a plot to bomb some New Orleans buildings and
information about a housing authority lease. Apparently,
- 1 -
Hon. Philip W. Buchen
- 2 -
March 10, 1976
States-Item reporter Jack Davis and WVUE-TV reporter
Richard Angelico have unlimited access to the U.S. Attorney's
files. They consistently cite "sources close to the
investigation" as the basis for reports of information
which only the U.S. Attorney could possess. In my
opinion these disclosures of confidential information violate
the canons of ethics, the ABA Standards for Criminal Justice
and Department of Justice policy.
Although Mr. Gallinghouse ought to be replaced, I
do not expect the President to do this during an election
year. However, the Attorney General has the power to
closely supervise the operation of his office. The exercise
of that power is clearly warranted.
Therefore, I request you to direct the Attorney General
to take the following actions:
1. Assign an experienced Department attorney to
move to New Orleans and to supervise the operation of the
office.
2. Draft and implement strict regulations about the
direct or indirect disclosure of information to the press
and public.
3. Draft and implement a regulation which prohibits
Mr. Gallinghouse from holding a press conference or issuing
a press release without the prior express approval of the
Assistant Attorney General in charge of the Criminal
Division.
4. Draft and implement regulations which prohibit
Mr. Gallinghouse from indicting or charging anyone with a
crime unless at least three attorneys certify that they
can prove the guilt of the defendant beyond a reasonable
doubt.
Sincerely yours,
JOHN CERVASE
Defends Gallinghouso
me,
New Orleans.
Editor, The Times-Picayume:
Recently Mr. Gerald J. Gallinghouse
nduif
withdrew from the race for appointment
says
as judge of the United States District
Court for the Eastern District of Louisi-
ana. This came as a surprise and disap-
pointment to attorneys and others who
Dr. Beasley is a very successful fund-
knew him.
e Universi-
raiser and I had no reason to think he
Of particular concern is the reason for
fied that he
could not raise this amount of money or
the action taken by Mr. Gallingbouse. A
0,000 check
to connect it to the earlier denied
news release stated that the American
in that the
request.
Bar Association found Mr. Gallinchouse
ed" at the
Q. If you had known how this $200.000
not qualified for a judicial appointment.
Foundation
was obtained would you have transmit-
The basis for this finding has never been
ted it to the state health agency?
presented to the public. If a poil of the
testimony
A. No. I would not have. Like the earli-
sley's trial
er request that I declined from Dr. Beas-
members of the American Bar Associa-
es of seek-
ley, this would have seemed to me to be
tion in the Louisiana area-was taken, we
ernment of
another instance of an institution using
have been unable to ascertain from
its own funds to obtain a federal match
whom the information was solicited.
U.S. Atty.
which is forbidden by the statutes.
However. the statement of the Am rican
ie $200.000
Bar Association would be interpreted as
ndation of
During the cross-examination of
expressing the opinion of its members.
ith his au-
Walsh by defense counsel Arthur Le-
Before an association speaks on behalf
then used
mann, U.S. District Judge Edmund
of its members. it should determine the
Palmieri, in an unusual move, told the
matching
true opinion of its members.
nent.
jury that they should disregard U.S.
Mr. Gallinghouse's record speaks for
Atty. Gerald J. Gallinghouse's designa-
itself. He has been in the public eye for
urned over
tion of the Tulane chancellor as an
many years. There has been no evidence
/ planning
"unindicted co-conspirator."
presented to support the news release of
Lemann had brought out in his ques-
the purported statement of the Ameri-
n-count in-
ticning that Waish had been so designat-
can Bar Association. There has been
$200,000 in
ed by the U.S. attorney's office in the
much evidence to refute and contradict
" through
FHF case when Palmieri intervened,
the American Bar Association.
er agents
saying:
Mr. Gallinghouse has prosecuted fear-
in federal
"It is somewhat unusual for me to tell
lessly and vigorously without regard to
you this, but I want you to know that you
the name or position of the defendant.
ng to con-
Rumor has it that this may be the cata-
should ignore the 'unindicted co-conspir-
re federal
ator' designation of Dr. Walsh by the
lyst that set in motion a campaign
against him
federal
U.S. attorney.
Federal dockets are crowded. and the
unds.
"The fact of the matter is that the U.S.
resignation of Judge James E. Comis-
rd, Walsh
attorney has no power to name anyone
key, the death of Judge Herbert W.
e time-in
an unindicted co-conspirator. Only a
Christenberry and illness of other judges
had paid
grand jury. not the U.S. attorney or any
have created a necessity for an early
alled Soft-
court, can indict an individual. Dr.
judicial appointment.
Walsh is not on trial here and should not
However. because of the power wield-
that Soft-
be so regarded by you jurors."
ed by a federal judge's grant. caution
the Fanin
must be exercised in judicial selections.
I letter to
PALMIERI SAID he has "relayed to
The judicial robe possesses no mage
giving a
the U.S. attorney's office some observa-
power with which to endow its wearer
sley's re-
tions and advice about the use of the
with the quality of infallibility or with
term 'unindicted co-conspirator."
honesty. integrity, fairness, industrious-
is earlier.
Walsh's testimony that Tulane would
ness, knowledge of the law or a judicial
by Beas-
not have accepted the $200,000 from the
temperament. The man or woman se-
red from
Fanin Foundation to be used as match-
lected should be chosen because he or
the state
ing funds was corroborated by another
she already possesses these qualities.
ing funds
Tulane official, Frederick King, vice
These qualities and not politics should
nment.
president for business affairs at the Tu-
serve as the guide in selecting the one to
lane Medical Center.
wear the judicial robe. Only in this way
can justice prevail.
and an-
Asked if he would have approved the
MARY WILLIAMS CAZALAS, J.D.
FORD
ilsh then
acceptance of the $200.000 to be relayed
to the state and used to obtain a federal
re might
matching grant. King replied:
easley's
"Absolutely not. That would have gone
LIBRARY
own and
against my understanding that institu-
$200,000
tions should not use their own funds to
n, which
obtain federal matches, nor should funds
that might be federal dollars in the irst
stion it.
place be used to obtain a match."
THE WHITE HOUSE
WASHINGTON
July 13, 1976
MEMORANDUM FOR:
PHIL BUCHEN
DOUG BENNETT
FROM:
MAX FRIEDERSDORF m.6.
Congressman Edward Hebert (D-La.) strongly urges the President
nominate Mr. Gene Davis of New Iberia, La., for a Federal judgeship
vacancy in Louisiana.
Hebert understands Davis is now going thru clearance.
CC: Jack Marsh