Frank Albert Picard
Encyclopedia
Frank Albert Picard was an American
attorney
, political figure, and federal judge
from Michigan
. He also played college football
as a quarterback
of the University of Michigan
Wolverines
from 1909 to 1911.
Picard was born in Saginaw, Michigan
, one of 12 children of Alfred and Zepherine (Lagault) Picard. At an early age he hoped to become an acrobat
, joining his brothers who performed as the "Flying Picards" to circus
audiences. Pichard's father, a hotelkeeper, disapproved and put an end to his sons' circus act. Picard attended Saginaw High School
, where he was a member of the student council and captain of the football
team. After graduating from high school, Picard worked as a journalist on the Saginaw Daily News and Courier Herald, and was managing editor
of the Saginaw Exponent.
Picard received an LL.B.
from the University of Michigan Law School
in 1912 and was admitted to the bar
the same year. He was an assistant prosecuting attorney of Saginaw County, Michigan
in 1913 before commencing private practice
in Saginaw.
In May 1817, after four years in private practice, Picard entered the United States Army
, where he held the rank
of captain and saw action in France
. In 1919, Picard returned to Saginaw and resumed private practice. In 1920 he ran for the Lieutenant Governor of Michigan
but was defeated. On June 8, 1921, Picard married Ruth Caroline Doersan of Saginaw. They had and four children, two boys and two girls.
Picard served a city attorney
of Saginaw from 1924 to 1928. From 1931 to 1934, Picard served as the first chairman of the Liquor Control Commission. Picard unsuccessfully ran as the Democrat
nominee for the Senate
in the 1934 election. He lost to incumbent Republican
Arthur H. Vandenberg
, 51.3 to 47 percent. In 1936 Picard was elected as a delegate
from the Michigan's 8th congressional district
to the Democratic National Convention
in Philadelphia.
On February 9, 1939, President
Franklin D. Roosevelt
nominated Picard to the United States District Court for the Eastern District of Michigan
, to a new seat created by 52 Stat. 584. Confirmed
by the United States Senate
on February 16, 1939, he received his commission
on February 23, 1939.
He served as chief judge
from August 6, 1959, until 1959. Among Picard's decisions was the Anderson v. Mt. Clemens Pottery Co.
, dealing with a pottery
factory in Mount Clemens, Michigan
. Known as the "portal-to-portal overtime case," the decision was heard by the Supreme Court
in 1946.
Picard assumed senior status
on March 31, 1959 and remained on the bench until his death in Saginaw on February 28, 1963. He is interred at Oakwood Mausoleum.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
attorney
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
, political figure, and federal judge
United States federal judge
In the United States, the title of federal judge usually means a judge appointed by the President of the United States and confirmed by the United States Senate in accordance with Article II of the United States Constitution....
from Michigan
Michigan
Michigan is a U.S. state located in the Great Lakes Region of the United States of America. The name Michigan is the French form of the Ojibwa word mishigamaa, meaning "large water" or "large lake"....
. He also played college football
College football
College football refers to American football played by teams of student athletes fielded by American universities, colleges, and military academies, or Canadian football played by teams of student athletes fielded by Canadian universities...
as a quarterback
Quarterback
Quarterback is a position in American and Canadian football. Quarterbacks are members of the offensive team and line up directly behind the offensive line...
of the University of Michigan
University of Michigan
The University of Michigan is a public research university located in Ann Arbor, Michigan in the United States. It is the state's oldest university and the flagship campus of the University of Michigan...
Wolverines
Michigan Wolverines football
The Michigan Wolverines football program represents the University of Michigan in college football at the NCAA Division I Football Bowl Subdivision level. Michigan has the most all-time wins and the highest winning percentage in college football history...
from 1909 to 1911.
Picard was born in Saginaw, Michigan
Saginaw, Michigan
Saginaw is a city in the U.S. state of Michigan and the seat of Saginaw County. The city of Saginaw was once a thriving lumber town and manufacturing center. Saginaw and Saginaw County lie in the Flint/Tri-Cities region of Michigan...
, one of 12 children of Alfred and Zepherine (Lagault) Picard. At an early age he hoped to become an acrobat
Acrobatics
Acrobatics is the performance of extraordinary feats of balance, agility and motor coordination. It can be found in many of the performing arts, as well as many sports...
, joining his brothers who performed as the "Flying Picards" to circus
Circus
A circus is commonly a travelling company of performers that may include clowns, acrobats, trained animals, trapeze acts, musicians, hoopers, tightrope walkers, jugglers, unicyclists and other stunt-oriented artists...
audiences. Pichard's father, a hotelkeeper, disapproved and put an end to his sons' circus act. Picard attended Saginaw High School
Saginaw High School
Saginaw High School is located in Saginaw, Michigan, USA. The student enrollment is approximately 746 students....
, where he was a member of the student council and captain of the football
High school football
High school football, in North America, refers to the game of football as it is played in the United States and Canada. It ranks among the most popular interscholastic sports in both of these nations....
team. After graduating from high school, Picard worked as a journalist on the Saginaw Daily News and Courier Herald, and was managing editor
Managing editor
A managing editor is a senior member of a publication's management team.In the United States, a managing editor oversees and coordinates the publication's editorial activities...
of the Saginaw Exponent.
Picard received an LL.B.
Bachelor of Laws
The Bachelor of Laws is an undergraduate, or bachelor, degree in law originating in England and offered in most common law countries as the primary law degree...
from the University of Michigan Law School
University of Michigan Law School
The University of Michigan Law School is the law school of the University of Michigan, in Ann Arbor. Founded in 1859, the school has an enrollment of about 1,200 students, most of whom are seeking Juris Doctor or Master of Laws degrees, although the school also offers a Doctor of Juridical...
in 1912 and was admitted to the bar
Admission to the bar in the United States
In the United States, admission to the bar is the granting of permission by a particular court system to a lawyer to practice law in that system. Each U.S. state and similar jurisdiction has its own court system and sets its own rules for bar admission , which can lead to different admission...
the same year. He was an assistant prosecuting attorney of Saginaw County, Michigan
Saginaw County, Michigan
-Demographics:As of the census of 2000, there were 210,039 people, 80,430 households, and 55,818 families residing in the county. The population density was 260 people per square mile . There were 85,505 housing units at an average density of 106 per square mile...
in 1913 before commencing private practice
Practice of law
In its most general sense, the practice of law involves giving legal advice to clients, drafting legal documents for clients, and representing clients in legal negotiations and court proceedings such as lawsuits, and is applied to the professional services of a lawyer or attorney at law, barrister,...
in Saginaw.
In May 1817, after four years in private practice, Picard entered the United States Army
United States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...
, where he held the rank
Military rank
Military rank is a system of hierarchical relationships in armed forces or civil institutions organized along military lines. Usually, uniforms denote the bearer's rank by particular insignia affixed to the uniforms...
of captain and saw action in France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
. In 1919, Picard returned to Saginaw and resumed private practice. In 1920 he ran for the Lieutenant Governor of Michigan
Lieutenant Governor of Michigan
The Lieutenant Governor of Michigan is the second-ranking official in U.S. state of Michigan, behind the governor, and one of four great offices of state...
but was defeated. On June 8, 1921, Picard married Ruth Caroline Doersan of Saginaw. They had and four children, two boys and two girls.
Picard served a city attorney
City attorney
A city attorney can be an elected or appointed position in city and municipal government in the United States. The city attorney is the attorney representing the city or municipality....
of Saginaw from 1924 to 1928. From 1931 to 1934, Picard served as the first chairman of the Liquor Control Commission. Picard unsuccessfully ran as the Democrat
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
nominee for the 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...
in the 1934 election. He lost to incumbent Republican
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
Arthur H. Vandenberg
Arthur H. Vandenberg
Arthur Hendrick Vandenberg was a Republican Senator from the U.S. state of Michigan who participated in the creation of the United Nations.-Early life and family:...
, 51.3 to 47 percent. In 1936 Picard was elected as a delegate
Delegate
A delegate is a person who speaks or acts on behalf of an organization at a meeting or conference between organizations of the same level A delegate is a person who speaks or acts on behalf of an organization (e.g., a government, a charity, an NGO, or a trade union) at a meeting or conference...
from the Michigan's 8th congressional district
Michigan's 8th congressional district
Michigan's 8th congressional district is a United States congressional district in Southern Michigan and Southeast Michigan. It consists of all of Clinton, Ingham, and Livingston counties, and includes the southern portion of Shiawassee and the northern portion of Oakland counties.The district was...
to the Democratic National Convention
1936 Democratic National Convention
The 1936 Democratic National Convention was held in Philadelphia, Pennsylvania from June 23 to 27, 1936. The convention resulted in the re-nomination of U.S. President Franklin D. Roosevelt and Vice President John Nance Garner....
in Philadelphia.
On February 9, 1939, President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
Franklin D. Roosevelt
Franklin D. Roosevelt
Franklin Delano Roosevelt , also known by his initials, FDR, was the 32nd President of the United States and a central figure in world events during the mid-20th century, leading the United States during a time of worldwide economic crisis and world war...
nominated Picard to the United States District Court for the Eastern District of Michigan
United States District Court for the Eastern District of Michigan
The United States District Court for the Eastern District of Michigan is the Federal district court with jurisdiction over of the eastern portion of the state of Michigan. The Court is based in Detroit, with courthouses also located in Ann Arbor, Bay City, Flint, and Port Huron...
, to a new seat created by 52 Stat. 584. Confirmed
Advice and consent
Advice and consent is an English phrase frequently used in enacting formulae of bills and in other legal or constitutional contexts, describing a situation in which the executive branch of a government enacts something previously approved of by the legislative branch.-General:The expression is...
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 February 16, 1939, he received his commission
Letters patent
Letters patent are a type of legal instrument in the form of a published written order issued by a monarch or president, generally granting an office, right, monopoly, title, or status to a person or corporation...
on February 23, 1939.
He served as chief judge
Chief judge
Chief Judge is a title that can refer to the highest-ranking judge of a court that has more than one judge. The meaning and usage of the term vary from one court system to another...
from August 6, 1959, until 1959. Among Picard's decisions was the Anderson v. Mt. Clemens Pottery Co.
Anderson v. Mt. Clemens Pottery Co.
Anderson v. Mt. Clemens Pottery Co., 328 U.S. 680 , is a decision by the United States Supreme Court which held that preliminary work activities, where controlled by the employer and performed entirely for the employer's benefit, are properly included as working time under Fair Labor Standards Act...
, dealing with a pottery
Pottery
Pottery is the material from which the potteryware is made, of which major types include earthenware, stoneware and porcelain. The place where such wares are made is also called a pottery . Pottery also refers to the art or craft of the potter or the manufacture of pottery...
factory in Mount Clemens, Michigan
Mount Clemens, Michigan
Mount Clemens is a city in the U.S. state of Michigan. As of the 2000 census, the city population was 17,312. It is the county seat of Macomb County.-Early history:...
. Known as the "portal-to-portal overtime case," the decision was heard by the Supreme Court
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...
in 1946.
Picard 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 March 31, 1959 and remained on the bench until his death in Saginaw on February 28, 1963. He is interred at Oakwood Mausoleum.
Sources
- Biography from the United States Court of Appeals for the Sixth CircuitUnited States Court of Appeals for the Sixth CircuitThe United States Court of Appeals for the Sixth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Kentucky* Western District of Kentucky...