Clifford Scott Green
Encyclopedia
Clifford Scott Green was a judge
on the United States District Court for the Eastern District of Pennsylvania
. Green was the eighteenth African American
Article III
judge appointed in the United States, and the second African American judge on the United States District Court for the Eastern District of Pennsylvania
.
During his 36 years on the federal bench Judge Green presided over a number of notable cases, and was regarded as one of the most popular judges in the district.
. His father, Robert Lewis Green, had come to the United States from St. Thomas island in the U.S. Virgin Islands
. Green attended West Philadelphia High School
, graduating in 1941. He initially had "no thought of going to college," intending instead to go immediately to work. From 1941 to 1942 he worked in a Philadelphia restaurant and at a drug manufacturing company. In 1942 he took a job with the United States Army Signal Corps
.
In 1943 Judge Green enlisted in the United States Army Air Corps
, the predecessor to the United States Air Force
. At the time, the armed forces were still segregated
. Green was initially "optimistic that the military was going to be a good life," until his unit was shipped from Fort Lee, Virginia
to Keesler Field
(now Keesler Air Force Base), in Mississippi
. When the unit arrived at Keesler they were driven past the barracks to what Green would later describe as "a tent city." It was then that Green "realized for real that I was really in a segregated army, and there was always, as long as I was in the service, two standards, one quite unacceptable and the other as acceptable as could be considering the fact that the country was at war."
Green served from 1943 to 1946, rising to the rank of Sergeant
. He returned to Philadelphia in March 1946, intending to use the benefits of the G.I. Bill to attend Drexel University
. He planned to major in electrical engineering, which was the field he had worked in during his time in the Army. Drexel did not have classes starting until September, so Green began to look to work. While seeking employment at Temple University
Green learned that Temple had classes beginning in two weeks, so he decided to enroll there.
Green entered the School of Business as an economics major, and planned to become a certified public accountant
, until an adviser told him that there were no jobs available for African American accountants in Philadelphia. Green decided to pursue a career in law, something his father had dreamed of doing himself.
Green received a B.S. in economics in 1948, finishing his undergraduate degree in just over two years and graduating with honors. He enrolled at Temple Law School
as one of ten black students, of whom two would ultimately graduate (the other graduate, Larry Perkins, would also go on to become a judge). While in law school Green was a member of the moot court team and the law review. He competed on a moot court team which won the Philadelphia regional of the American Bar Association competition. At the national competition, Green's team faced the Yale moot court team, which included his future law partner and judicial colleague A. Leon Higginbotham, Jr.. In 1951 Green received his LL.B. with honors, graduating in the top three of his class. He was also awarded graduation prizes for receiving the highest grades in constitutional law and conflicts of law.
Green passed the Pennsylvania bar exam in 1951, achieving the highest score in the state. Green's early mentors included Robert N.C. Nix, Sr.
, who lived across the street from Green's family. In January 1952, after being admitted to the bar, Green took over the practice of Thomas Reed, a black Philadelphia lawyer who was joining the Philadelphia District Attorney's Office under Richardson Dilworth
(Green had also interviewed at the DA's office, but decided that he "couldn't fit in as a prosecutor").
Green worked as a solo practitioner until March 1952, when he entered into a partnership with Harvey Schmidt. The firm was known as Schmidt and Green until 1954, when Doris M. Harris and A. Leon Higginbotham joined as partners. In 1955 J. Austin Norris, a prominent African American political figure, joined the firm, which was then known as Norris, Schmidt, Green, Harris, & Higginbotham. The firm was the first African American law firm in Philadelphia. The firm, which never numbered more than a dozen lawyers at a given time, produced four federal judges; Higginbotham, Green, and Herbert Hutton all served on the District Court (Higginbotham was later elevated to the Third Circuit), and William Hall was the first African American appointed as a federal magistrate judge
. In addition, two members of the firm, Dorris Harris and Harvey Schmidt, were elected judges of the Philadelphia Court of Common Pleas, and William Brown was appointed by President Nixon to be chair of the Equal Employment Opportunity Commission.
Green's practice while at the firm was diverse. Initially, the firm's practice was primarily criminal defense. As new partners were added, the firm expanded to include civil work, which eventually became the overwhelming majority of the work. Green eventually developed a specialized practice representing churches, including the National Baptist Convention
, the African Methodist Episcopal Church
, the Church of Our Lord Jesus Christ of the Apostolic Faith
, and Father Divine
. Additionally, Green represented parties both before and after the Supreme Court's
decision in Brown v. Board of Education
in an attempt to integrate both the student and teacher populations in area school districts. He remained with the firm until his appointment to the bench.
Green first entered public service as a special deputy commonwealth attorney general from 1954 to 1955. He was assigned as counsel for the Director of the Bureau of Workman's Compensation. In addition to representing the Director, Green was also responsible for approving all claims for compensation under the occupational disease statute whenever the Commonwealth was involved. In 1954 Green unsuccessfully ran for the Republican nomination for Philadelphia City Council.
Green was a lifelong member of the Republican party, serving as a ward leader from the 1952 to 1964. Green's first attempt to gain a seat on the bench was in 1959, when he was unanimously endorsed by the Republican party for a seat on the Municipal Court, but lost in the general election.
In 1962 Green joined with a group of Republican ward leaders who broke off from the main party, which was led by Sheriff Austin Meehan, to support Governor William Scranton
. All of the other ward leaders were voted out of office, and although Green retained his position Sheriff Meehan told him that he would no longer support his appointment to the bench.
Green, however, had the support of Bernie Segal, who was then Chancellor of the Philadelphia Bar Association, his former law partner Austin Norris, and the Chancellor of Temple University Robert Johnson. Segal was appointed by Governor Scranton to head a merit commission to select nominees for the state court positions. In addition, Green was endorsed by newspapers across the state.
Scranton ultimately did appoint Green as a judge on the Court of Common Pleas of Philadelphia in 1964. He was elected to a full term in the next general election. Green served primarily as a juvenile court judge while in state court.
In 1971 a vacancy was created on the District Court for the Eastern District of Pennsylvania when Judge Harold K. Wood assumed senior status. Senator Hugh Scott
supported Green to fill the position. Green also had the support of Billy Meehan, the son of Sheriff Austin Meehan, and at the time the head of the Philadelphia Republican Committee. President Nixon nominated Green on December 1, 1971, and he was confirmed by the United States Senate
on December 4, receiving his commission on December 9. In 1984 Green declined a seat on the United States Court of Appeals for the Third Circuit
, citing "the joy his district court job provided him and [the] numerous friendships he enjoyed there." He assumed senior status
on April 2, 1988, and continued serving in that capacity until his death.
Throughout his time on the bench, Green remained a popular judge; a 1994 survey of Philadelphia lawyers concluded "Green is the most well-liked judge on the bench, and attorneys could not praise him enough for his wonderful demeanor."
that required the State Police to hire one minority for every non-minority hired, and set additional goals for promotion and retention of minority troopers. Judge Green presided over the consent decree for 25 years, dissolving it in 1999. The case was credited with helping to abolish racism in the hiring of troopers, and integrate the State Police.
In 1981 Judge Green threw out the fraud conviction of Pennsylvania State Senator Vincent Fumo
, concluding that the government had failed to prove that Fumo and two others were involved in a single scheme to pad state payrolls with ghost workers as alleged in their indictment. The decision was upheld on appeal to the United States Court of Appeals for the Third Circuit
.
award in 1985. He was awarded the Spirit of Excellence award by the American Bar Association in 2002. The Philadelphia chapter of the Judicial Council of the National Bar Association is named in Judge Green's honor. He was a lifetime trustee of Temple University
, and a former member of the Board of Trustees of Philadelphia State Hospital, and Children's Hospital of Philadelphia
.
in Philadelphia on May 31, 2007. He was survived by his wife and daughter.
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
on the United States District Court for the Eastern District of Pennsylvania
United States District Court for the Eastern District of Pennsylvania
The United States District Court for the Eastern District of Pennsylvania is one of the original 13 federal judiciary districts created by the Judiciary Act of 1789...
. Green was the eighteenth African American
African American
African Americans are citizens or residents of the United States who have at least partial ancestry from any of the native populations of Sub-Saharan Africa and are the direct descendants of enslaved Africans within the boundaries of the present United States...
Article III
Article Three of the United States Constitution
Article Three of the United States Constitution establishes the judicial branch of the federal government. The judicial branch comprises the Supreme Court of the United States and lower courts as created by Congress.-Section 1: Federal courts:...
judge appointed in the United States, and the second African American judge on the United States District Court for the Eastern District of Pennsylvania
United States District Court for the Eastern District of Pennsylvania
The United States District Court for the Eastern District of Pennsylvania is one of the original 13 federal judiciary districts created by the Judiciary Act of 1789...
.
During his 36 years on the federal bench Judge Green presided over a number of notable cases, and was regarded as one of the most popular judges in the district.
Personal life
Judge Green was born on April 2, 1923 in Philadelphia, PennsylvaniaPennsylvania
The Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to...
. His father, Robert Lewis Green, had come to the United States from St. Thomas island in the U.S. Virgin Islands
United States Virgin Islands
The Virgin Islands of the United States are a group of islands in the Caribbean that are an insular area of the United States. The islands are geographically part of the Virgin Islands archipelago and are located in the Leeward Islands of the Lesser Antilles.The U.S...
. Green attended West Philadelphia High School
West Philadelphia High School
West Philadelphia High School is a secondary school located in the West Philadelphia section of Philadelphia, Pennsylvania.The school was completed on November 1, 1912. and occupies an entire city block between 47th and 48th streets, between Walnut Street and Locust Street...
, graduating in 1941. He initially had "no thought of going to college," intending instead to go immediately to work. From 1941 to 1942 he worked in a Philadelphia restaurant and at a drug manufacturing company. In 1942 he took a job with the United States Army Signal Corps
United States Army Signal Corps
The United States Army Signal Corps develops, tests, provides, and manages communications and information systems support for the command and control of combined arms forces. It was established in 1860, the brainchild of United States Army Major Albert J. Myer, and has had an important role from...
.
In 1943 Judge Green enlisted in the United States Army Air Corps
United States Army Air Corps
The United States Army Air Corps was a forerunner of the United States Air Force. Renamed from the Air Service on 2 July 1926, it was part of the United States Army and the predecessor of the United States Army Air Forces , established in 1941...
, the predecessor to the United States Air Force
United States Air Force
The United States Air Force is the aerial warfare service branch of the United States Armed Forces and one of the American uniformed services. Initially part of the United States Army, the USAF was formed as a separate branch of the military on September 18, 1947 under the National Security Act of...
. At the time, the armed forces were still segregated
Racial segregation in the United States
Racial segregation in the United States, as a general term, included the racial segregation or hypersegregation of facilities, services, and opportunities such as housing, medical care, education, employment, and transportation along racial lines...
. Green was initially "optimistic that the military was going to be a good life," until his unit was shipped from Fort Lee, Virginia
Fort Lee, Virginia
Fort Lee is a census-designated place in Prince George County, Virginia, United States. The population was 7,269 at the 2000 census.Fort Lee is a United States Army post and headquarters of the U.S. Army Combined Arms Support Command / Sustainment Center of Excellence , the U.S. Army Quartermaster...
to Keesler Field
Keesler Air Force Base
Keesler Air Force Base is a United States Air Force base located in Biloxi, a city in Harrison County, Mississippi, United States. The base is named in honor of aviator 2d Lt Samuel Reeves Keesler, Jr., a Mississippi native killed in France in First World War.-Units:The base is home of...
(now Keesler Air Force Base), in Mississippi
Mississippi
Mississippi is a U.S. state located in the Southern United States. Jackson is the state capital and largest city. The name of the state derives from the Mississippi River, which flows along its western boundary, whose name comes from the Ojibwe word misi-ziibi...
. When the unit arrived at Keesler they were driven past the barracks to what Green would later describe as "a tent city." It was then that Green "realized for real that I was really in a segregated army, and there was always, as long as I was in the service, two standards, one quite unacceptable and the other as acceptable as could be considering the fact that the country was at war."
Green served from 1943 to 1946, rising to the rank of Sergeant
Sergeant
Sergeant is a rank used in some form by most militaries, police forces, and other uniformed organizations around the world. Its origins are the Latin serviens, "one who serves", through the French term Sergent....
. He returned to Philadelphia in March 1946, intending to use the benefits of the G.I. Bill to attend Drexel University
Drexel University
Drexel University is a private research university with the main campus located in Philadelphia, Pennsylvania, USA. It was founded in 1891 by Anthony J. Drexel, a noted financier and philanthropist. Drexel offers 70 full-time undergraduate programs and accelerated degrees...
. He planned to major in electrical engineering, which was the field he had worked in during his time in the Army. Drexel did not have classes starting until September, so Green began to look to work. While seeking employment at Temple University
Temple University
Temple University is a comprehensive public research university in Philadelphia, Pennsylvania, United States. Originally founded in 1884 by Dr. Russell Conwell, Temple University is among the nation's largest providers of professional education and prepares the largest body of professional...
Green learned that Temple had classes beginning in two weeks, so he decided to enroll there.
Green entered the School of Business as an economics major, and planned to become a certified public accountant
Certified Public Accountant
Certified Public Accountant is the statutory title of qualified accountants in the United States who have passed the Uniform Certified Public Accountant Examination and have met additional state education and experience requirements for certification as a CPA...
, until an adviser told him that there were no jobs available for African American accountants in Philadelphia. Green decided to pursue a career in law, something his father had dreamed of doing himself.
Green received a B.S. in economics in 1948, finishing his undergraduate degree in just over two years and graduating with honors. He enrolled at Temple Law School
Temple University Beasley School of Law
The Temple University James E. Beasley School of Law is the law school and a constituent academic unit of Temple University. Informally referred to as Temple Law School, the school is located at the Main Campus of Temple University in Philadelphia, Pennsylvania. The Temple University James E...
as one of ten black students, of whom two would ultimately graduate (the other graduate, Larry Perkins, would also go on to become a judge). While in law school Green was a member of the moot court team and the law review. He competed on a moot court team which won the Philadelphia regional of the American Bar Association competition. At the national competition, Green's team faced the Yale moot court team, which included his future law partner and judicial colleague A. Leon Higginbotham, Jr.. In 1951 Green received his LL.B. with honors, graduating in the top three of his class. He was also awarded graduation prizes for receiving the highest grades in constitutional law and conflicts of law.
Legal career
Robert N.C. Nix, Sr.
Robert Nelson Cornelius Nix, Sr. was the first African American to represent Pennsylvania in the House of Representatives. The Robert N.C...
, who lived across the street from Green's family. In January 1952, after being admitted to the bar, Green took over the practice of Thomas Reed, a black Philadelphia lawyer who was joining the Philadelphia District Attorney's Office under Richardson Dilworth
Richardson Dilworth
Richardson K. Dilworth was an American Democratic Party politician, born in the Pittsburgh area, who served as the 91st Mayor of Philadelphia from 1956 to 1962.-Education and early career:...
(Green had also interviewed at the DA's office, but decided that he "couldn't fit in as a prosecutor").
Green worked as a solo practitioner until March 1952, when he entered into a partnership with Harvey Schmidt. The firm was known as Schmidt and Green until 1954, when Doris M. Harris and A. Leon Higginbotham joined as partners. In 1955 J. Austin Norris, a prominent African American political figure, joined the firm, which was then known as Norris, Schmidt, Green, Harris, & Higginbotham. The firm was the first African American law firm in Philadelphia. The firm, which never numbered more than a dozen lawyers at a given time, produced four federal judges; Higginbotham, Green, and Herbert Hutton all served on the District Court (Higginbotham was later elevated to the Third Circuit), and William Hall was the first African American appointed as a federal magistrate judge
United States magistrate judge
In the United States federal courts, magistrate judges are appointed to assist United States district court judges in the performance of their duties...
. In addition, two members of the firm, Dorris Harris and Harvey Schmidt, were elected judges of the Philadelphia Court of Common Pleas, and William Brown was appointed by President Nixon to be chair of the Equal Employment Opportunity Commission.
Green's practice while at the firm was diverse. Initially, the firm's practice was primarily criminal defense. As new partners were added, the firm expanded to include civil work, which eventually became the overwhelming majority of the work. Green eventually developed a specialized practice representing churches, including the National Baptist Convention
National Baptist Convention
National Baptist Convention may refer to:One of several historically African-American Christian denominations:*National Baptist Convention, USA, Inc., the oldest and largest denomination using this name, formed in the late 19th century...
, the African Methodist Episcopal Church
African Methodist Episcopal Church
The African Methodist Episcopal Church, usually called the A.M.E. Church, is a predominantly African American Methodist denomination based in the United States. It was founded by the Rev. Richard Allen in Philadelphia, Pennsylvania, in 1816 from several black Methodist congregations in the...
, the Church of Our Lord Jesus Christ of the Apostolic Faith
Church of Our Lord Jesus Christ of the Apostolic Faith
The Church of Our Lord Jesus Christ of the Apostolic Faith is a Oneness Pentecostal church organized in 1919.The Church of Our Lord Jesus Christ, as it is most commonly known, was organized by Robert C. Lawson. Lawson, a protégé of G.T...
, and Father Divine
Father Divine
Father Divine , also known as Reverend M. J. Divine, was an African American spiritual leader from about 1907 until his death. His full self-given name was Reverend Major Jealous Divine, and he was also known as "the Messenger" early in his life...
. Additionally, Green represented parties both before and after the Supreme Court's
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
decision in Brown v. Board of Education
Brown v. Board of Education
Brown v. Board of Education of Topeka, 347 U.S. 483 , was a landmark decision of the United States Supreme Court that declared state laws establishing separate public schools for black and white students unconstitutional. The decision overturned the Plessy v. Ferguson decision of 1896 which...
in an attempt to integrate both the student and teacher populations in area school districts. He remained with the firm until his appointment to the bench.
Green first entered public service as a special deputy commonwealth attorney general from 1954 to 1955. He was assigned as counsel for the Director of the Bureau of Workman's Compensation. In addition to representing the Director, Green was also responsible for approving all claims for compensation under the occupational disease statute whenever the Commonwealth was involved. In 1954 Green unsuccessfully ran for the Republican nomination for Philadelphia City Council.
Judicial career
Green was initially hesitant about seeking a position on the bench because he enjoyed the practice of law. Nevertheless, he began to seek an appointment to the state court in the late 1950s.Green was a lifelong member of the Republican party, serving as a ward leader from the 1952 to 1964. Green's first attempt to gain a seat on the bench was in 1959, when he was unanimously endorsed by the Republican party for a seat on the Municipal Court, but lost in the general election.
In 1962 Green joined with a group of Republican ward leaders who broke off from the main party, which was led by Sheriff Austin Meehan, to support Governor William Scranton
William Scranton
William Warren Scranton is a former U.S. Republican Party politician. Scranton served as the 38th Governor of Pennsylvania from 1963 to 1967. From 1976 to 1977, he served as United States Ambassador to the United Nations.-Early life:...
. All of the other ward leaders were voted out of office, and although Green retained his position Sheriff Meehan told him that he would no longer support his appointment to the bench.
Scranton ultimately did appoint Green as a judge on the Court of Common Pleas of Philadelphia in 1964. He was elected to a full term in the next general election. Green served primarily as a juvenile court judge while in state court.
In 1971 a vacancy was created on the District Court for the Eastern District of Pennsylvania when Judge Harold K. Wood assumed senior status. Senator Hugh Scott
Hugh Scott
Hugh Doggett Scott, Jr. was a politician from Pennsylvania who served in both the United States House of Representatives and the United States Senate, and who also served as Chairman of the Republican National Committee.- Early life :He was born in Fredericksburg, Virginia, on November 11, 1900...
supported Green to fill the position. Green also had the support of Billy Meehan, the son of Sheriff Austin Meehan, and at the time the head of the Philadelphia Republican Committee. President Nixon nominated Green on December 1, 1971, and he was confirmed by the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
on December 4, receiving his commission on December 9. In 1984 Green declined a seat on the United States Court of Appeals for the Third Circuit
United States Court of Appeals for the Third Circuit
The United States Court of Appeals for the Third Circuit is a federal court with appellate jurisdiction over the district courts for the following districts:* District of Delaware* District of New Jersey...
, citing "the joy his district court job provided him and [the] numerous friendships he enjoyed there." He assumed senior status
Senior status
Senior status is a form of semi-retirement for United States federal judges, and judges in some state court systems. After federal judges have reached a certain combination of age and years of service on the federal courts, they are allowed to assume senior status...
on April 2, 1988, and continued serving in that capacity until his death.
Throughout his time on the bench, Green remained a popular judge; a 1994 survey of Philadelphia lawyers concluded "Green is the most well-liked judge on the bench, and attorneys could not praise him enough for his wonderful demeanor."
Notable cases
Judge Green presided over a number of notable cases during his 35-year tenure on the Eastern District. In Bolden v. Pennsylvania State Police Judge Green ordered the Pennsylvania State Police to reinstate William Bolden, a minority trooper who had been dismissed. The case, which began in 1973, resulted in a consent decreeConsent decree
A consent decree is a final, binding judicial decree or judgment memorializing a voluntary agreement between parties to a suit in return for withdrawal of a criminal charge or an end to a civil litigation...
that required the State Police to hire one minority for every non-minority hired, and set additional goals for promotion and retention of minority troopers. Judge Green presided over the consent decree for 25 years, dissolving it in 1999. The case was credited with helping to abolish racism in the hiring of troopers, and integrate the State Police.
In 1981 Judge Green threw out the fraud conviction of Pennsylvania State Senator Vincent Fumo
Vincent Fumo
Vincent Joseph "Vince" Fumo is a former politician, lawyer and businessman from Philadelphia, Pennsylvania. A Democrat, he represented a south Philadelphia district in the Pennsylvania Senate from 1978 to 2008. On March 16, 2009, he was convicted of 137 federal corruption charges...
, concluding that the government had failed to prove that Fumo and two others were involved in a single scheme to pad state payrolls with ghost workers as alleged in their indictment. The decision was upheld on appeal to the United States Court of Appeals for the Third Circuit
United States Court of Appeals for the Third Circuit
The United States Court of Appeals for the Third Circuit is a federal court with appellate jurisdiction over the district courts for the following districts:* District of Delaware* District of New Jersey...
.
Awards and honors
Judge Green was the first recipient of the NAACP's William H. HastieWilliam H. Hastie
William Henry Hastie, Jr. was an American, lawyer, judge, educator, public official, and advocate for the civil rights of African Americans...
award in 1985. He was awarded the Spirit of Excellence award by the American Bar Association in 2002. The Philadelphia chapter of the Judicial Council of the National Bar Association is named in Judge Green's honor. He was a lifetime trustee of Temple University
Temple University
Temple University is a comprehensive public research university in Philadelphia, Pennsylvania, United States. Originally founded in 1884 by Dr. Russell Conwell, Temple University is among the nation's largest providers of professional education and prepares the largest body of professional...
, and a former member of the Board of Trustees of Philadelphia State Hospital, and Children's Hospital of Philadelphia
Children's Hospital of Philadelphia
The Children's Hospital of Philadelphia is one of the largest and oldest children's hospitals in the world. CHOP has been ranked as the best children's hospital in the United States by U.S. News & World Report and Parents Magazine in recent years. As of 2008, it was ranked #1 in the nation for...
.
Death
Judge Green suffered a cerebral hemorrhage and died of pneumoniaPneumonia
Pneumonia is an inflammatory condition of the lung—especially affecting the microscopic air sacs —associated with fever, chest symptoms, and a lack of air space on a chest X-ray. Pneumonia is typically caused by an infection but there are a number of other causes...
in Philadelphia on May 31, 2007. He was survived by his wife and daughter.
Sources
- Clifford Scott Green via Just the Beginning Website