Judge talks of life on the bench

By Tasha Kates

Published: March 28, 2008

When Judge J. Harvie Wilkinson III took the bench in 1984 on the U.S. Court of Appeals for the 4th Circuit, he had no idea that things would be so different decades later.
“I encountered a world I never dreamed of,” Wilkinson said. “In 1984, we never dreamed of the dimension of the AIDS epidemic. And who could have anticipated 9/11 and the cases … that came from that?”
Wilkinson gave the audience a glimpse of his life on the bench by answering frequently asked questions about his position and audience queries Friday afternoon at the University of Virginia School of Law’s Caplin Auditorium. Wilkinson gave the tenth lecture in the annual Henry J. Abraham Distinguished Lectureship, which is sponsored by The Thomas Jefferson Center for the Protection of Free Expression and the Virginia Law-Related Education Center of Sweet Briar College.
The event also was part of the Virginia Festival of the Book. Wilkinson has written four other titles, including “Serving Justice: A Supreme Court Clerk’s View.”
Wilkinson said he believes future judges will rule on cases involving global warming and bioethics. He suggested that future judges be chosen for their decision-making abilities, not for their views on current issues.
“Abortion should not be a litmus test for who we want as a judge,” Wilkinson said. “Sometimes I think Congress suffers from too contemporary a perspective.”
Wilkinson was a candidate for the U.S. Supreme Court several years ago, but he wasn’t chosen. Although politicians choose judges, Wilkinson said judges’ politics stay out of the courtroom.
“We take very seriously the obligation to set political partisanship aside when on the bench,” he said.
Wilkinson made fun of the constraints of his position, calling it a “monastic lifestyle” without the red engine thrills of a firefighter or many exciting stories. He said he couldn’t socialize with friends who are attorneys if they have an upcoming case in his court or participate in fundraising. The judge also said he can’t cause a scene.
“I try not to run too many lights,” Wilkinson said. “Famous last words. I’ll probably commit a traffic violation on the way home.”
Acquaintances of Wilkinson attested to his good nature during the event. Barbara A. Perry, the chair of the lectureship’s steering committee, said one of her first contacts with Wilkinson involved a snake in a shared path. While one person let out a curse word, the judge just kept going.
“Judge Wilkinson coolly leapt over the snake, not turning a hair,” Perry said.