Mack Barham
Encyclopedia
Mack Elwin Barham was a prominent attorney
who served on the Louisiana Supreme Court
from 1968 to 1975. A native of Bastrop
, the seat of Morehouse Parish, Barham spent his later years in New Orleans. However, after Hurricane Katrina
waters destroyed his Lakewood home near the 17th Street Canal, he relocated to Covington
, the seat of St. Tammany Parish.
Barham was the son of the late Henry A. Barham and Lockie H. Barham (1884-1973). The family owned Barham's Dairy in Bastrop. He graduated from the University of Colorado
in Boulder
. He then entered the Louisiana State University
law
school in Baton Rouge and obtained his law license in 1946. Two years later, at the age of 24, he was elected municipal judge
of Bastrop. He served in that capacity until 1962, when he was elected as a Democrat
to the Fourth Judicial District Court bench, on which he served for six years.
, originally from Opelousas
, the seat of St. Landry Parish, formed a coalition that led to a 4-3 majority of younger judges who began the implementation of the United States Supreme Court's civil rights
decisions.
A member of that new majority, State Supreme Court Chief Justice Pascal Calogero called Barham "one of the most industrious judges I came to know." Calogero added: "He was very progressive
in supporting process changes on the Supreme Court. He was very capable and he contributed to the evolving jurisprudence. He came on the state court when an extremely conservative
court was just beginning to respect the U.S. Supreme Court on constitutional matters." Calogero said that he had last seen Barham when the state Supreme Court dedicated the newly renovated courthouse in the 400 block of Royal Street in the French Quarter
in 2005.
Associate Chief Justice Kitty Kimball did not serve with Barham but sat on the bench when former Justice Barham argued cases before the court. "He was extremely well prepared and obviously intelligent in presenting his client's position. It was immediately apparent that he was a true student of the law and mastered even the most difficult of concepts with relative ease. He was indeed a brilliant jurist and lawyer," Kimball said.
U.S. Court of Appeals Circuit Judge James L. Dennis
, a Monroe
native living in New Orleans, followed Barham to the state Supreme Court in 1975. Dennis described the former justice as "a true and dear friend, but beyond that he was one of the brightest and most courageous judges I have ever known. I was never privileged to serve on a bench with him, but I followed in his path on the district court to the state Supreme Court. He swore me on at every one of those points."
Dennis continued: "I learned from his writings and his examples. He was an outstanding leader in the Louisiana judiciary. He was at the forefront of the civil law renaissance."
After leaving the court, Barham went into the private practice in New Orleans and specialized in appellate practice, administrative law, expropriation, environmental law, and commercial litigation. His last firm was Barham and Arceneaux in New Orleans, Louisiana
, with his friend and colleague Robert Arceneaux.
One of his most public roles was defending the state of Louisiana in the college desegregation
lawsuit, helping negotiate a settlement with the United States Department of Justice
that led to enhanced funding for historically black institutions.
Mack Barham was a member of the Order of the Coif
, Omicron Delta Kappa
, Blue Key, Lambda Chi Alpha
, Phi Alpha Delta
, Phi Delta Phi
, and authored numerous legal scholarly articles. He also taught at Tulane University Law School
in New Orleans. In 1987, Barham wrote an article on the legal contributions of Chief Justice Tate (1920-1986) for the Louisiana Law Review.
, a Republican
from tiny Oak Ridge
in Morehouse Parish and also of Robert Barham's older brother, former state Senator Edwards Barham
, also of Oak Ridge. Robert Barham described Mack Barham as "a very distant cousin. We were closer friends than relatives. Mack Barham set the bar for integrity, ability and intellectual capability on the state Supreme Court. He was always a gentleman and an inspiration to anyone connected with the legal profession," said Robert Barham.
; daughter, Megan Richardson (born 1950) of Covington; a sister, Ertie Mae Bowdon of Birmingham, Alabama
; five grandchildren, and one great-grandchild.
Barham was cremated
. The family requested memorials to the LSU Foundation c/o LSU Law Center, Mack Barham Fund, Suite 400 Alumni Office, Baton Rouge, LA 70803.
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...
who served on the Louisiana Supreme Court
Louisiana Supreme Court
The Supreme Court of Louisiana is the highest court and court of last resort in the U.S. state of Louisiana. The modern Supreme Court, composed of seven justices, meets in the French Quarter of New Orleans....
from 1968 to 1975. A native of Bastrop
Bastrop, Louisiana
Bastrop is a city in and the parish seat of Morehouse Parish, Louisiana, United States. The population was 12,988 at the 2000 census. It is the principal city of and is included in the Bastrop, Louisiana Micropolitan Statistical Area, which is included in the Monroe-Bastrop, Louisiana Combined...
, the seat of Morehouse Parish, Barham spent his later years in New Orleans. However, after Hurricane Katrina
Hurricane Katrina
Hurricane Katrina of the 2005 Atlantic hurricane season was a powerful Atlantic hurricane. It is the costliest natural disaster, as well as one of the five deadliest hurricanes, in the history of the United States. Among recorded Atlantic hurricanes, it was the sixth strongest overall...
waters destroyed his Lakewood home near the 17th Street Canal, he relocated to Covington
Covington, Louisiana
Covington is a city in and the parish seat of St. Tammany Parish, Louisiana, United States. The population was 8,483 at the 2000 census. It is located at a fork of the Bogue Falaya and the Tchefuncte River....
, the seat of St. Tammany Parish.
Barham was the son of the late Henry A. Barham and Lockie H. Barham (1884-1973). The family owned Barham's Dairy in Bastrop. He graduated from the University of Colorado
University of Colorado at Boulder
The University of Colorado Boulder is a public research university located in Boulder, Colorado...
in Boulder
Boulder, Colorado
Boulder is the county seat and most populous city of Boulder County and the 11th most populous city in the U.S. state of Colorado. Boulder is located at the base of the foothills of the Rocky Mountains at an elevation of...
. He then entered the Louisiana State University
Louisiana State University
Louisiana State University and Agricultural and Mechanical College, most often referred to as Louisiana State University, or LSU, is a public coeducational university located in Baton Rouge, Louisiana. The University was founded in 1853 in what is now known as Pineville, Louisiana, under the name...
law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
school in Baton Rouge and obtained his law license in 1946. Two years later, at the age of 24, he was elected municipal judge
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...
of Bastrop. He served in that capacity until 1962, when he was elected as a 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...
to the Fourth Judicial District Court bench, on which he served for six years.
The law and Justice Barham
On the Supreme Court, Barham and Justice Albert A. Tate, Jr.Albert Tate, Jr.
Albert Tate Jr. was a long-serving Louisiana judge known for his leadership of the legal profession. A Democrat, Tate served on the Louisiana First and Third Circuit Courts of Appeal, the United States Fifth Circuit Court of Appeals in New Orleans , and the Louisiana Supreme Court , also in New...
, originally from Opelousas
Opelousas, Louisiana
Opelousas is a city in and the parish seat of St. Landry Parish, Louisiana, United States. It lies at the junction of Interstate 49 and U.S. Route 190. The population was 22,860 at the 2000 census. Although the 2006 population estimate was 23,222, a 2004 annexation should put the city's...
, the seat of St. Landry Parish, formed a coalition that led to a 4-3 majority of younger judges who began the implementation of the United States Supreme Court's civil rights
Civil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...
decisions.
A member of that new majority, State Supreme Court Chief Justice Pascal Calogero called Barham "one of the most industrious judges I came to know." Calogero added: "He was very progressive
Progressivism
Progressivism is an umbrella term for a political ideology advocating or favoring social, political, and economic reform or changes. Progressivism is often viewed by some conservatives, constitutionalists, and libertarians to be in opposition to conservative or reactionary ideologies.The...
in supporting process changes on the Supreme Court. He was very capable and he contributed to the evolving jurisprudence. He came on the state court when an extremely conservative
Conservatism
Conservatism is a political and social philosophy that promotes the maintenance of traditional institutions and supports, at the most, minimal and gradual change in society. Some conservatives seek to preserve things as they are, emphasizing stability and continuity, while others oppose modernism...
court was just beginning to respect the U.S. Supreme Court on constitutional matters." Calogero said that he had last seen Barham when the state Supreme Court dedicated the newly renovated courthouse in the 400 block of Royal Street in the French Quarter
French Quarter
The French Quarter, also known as Vieux Carré, is the oldest neighborhood in the city of New Orleans. When New Orleans was founded in 1718 by Jean-Baptiste Le Moyne de Bienville, the city was originally centered on the French Quarter, or the Vieux Carré as it was known then...
in 2005.
Associate Chief Justice Kitty Kimball did not serve with Barham but sat on the bench when former Justice Barham argued cases before the court. "He was extremely well prepared and obviously intelligent in presenting his client's position. It was immediately apparent that he was a true student of the law and mastered even the most difficult of concepts with relative ease. He was indeed a brilliant jurist and lawyer," Kimball said.
U.S. Court of Appeals Circuit Judge James L. Dennis
James L. Dennis
James L. Dennis is a United States federal judge currently serving on the United States Court of Appeals for the Fifth Circuit. His chambers are in New Orleans, Louisiana....
, a Monroe
Monroe, Louisiana
Monroe is a city in and the parish seat of Ouachita Parish, Louisiana, United States. As of the 2000 census, the city had a total population of 53,107, making it the eighth largest city in Louisiana. A July 1, 2007, United States Census Bureau estimate placed the population at 51,208, but 51,636...
native living in New Orleans, followed Barham to the state Supreme Court in 1975. Dennis described the former justice as "a true and dear friend, but beyond that he was one of the brightest and most courageous judges I have ever known. I was never privileged to serve on a bench with him, but I followed in his path on the district court to the state Supreme Court. He swore me on at every one of those points."
Dennis continued: "I learned from his writings and his examples. He was an outstanding leader in the Louisiana judiciary. He was at the forefront of the civil law renaissance."
After leaving the court, Barham went into the private practice in New Orleans and specialized in appellate practice, administrative law, expropriation, environmental law, and commercial litigation. His last firm was Barham and Arceneaux in New Orleans, Louisiana
New Orleans, Louisiana
New Orleans is a major United States port and the largest city and metropolitan area in the state of Louisiana. The New Orleans metropolitan area has a population of 1,235,650 as of 2009, the 46th largest in the USA. The New Orleans – Metairie – Bogalusa combined statistical area has a population...
, with his friend and colleague Robert Arceneaux.
One of his most public roles was defending the state of Louisiana in the college desegregation
Desegregation
Desegregation is the process of ending the separation of two groups usually referring to races. This is most commonly used in reference to the United States. Desegregation was long a focus of the American Civil Rights Movement, both before and after the United States Supreme Court's decision in...
lawsuit, helping negotiate a settlement with the United States Department of Justice
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
that led to enhanced funding for historically black institutions.
Mack Barham was a member of the Order of the Coif
Order of the Coif
The Order of the Coif is an honor society for United States law school graduates. A student at an American law school who earns a Juris Doctor degree and graduates in the top 10 percent of his or her class is eligible for membership if the student's law school has a chapter of the...
, Omicron Delta Kappa
Omicron Delta Kappa
Omicron Delta Kappa, or ΟΔΚ, also known as The Circle, or more commonly ODK, is a national leadership honor society. It was founded December 3, 1914, at Washington & Lee University in Lexington, Virginia, by 15 student and faculty leaders. Chapters, known as Circles, are located on over 300...
, Blue Key, Lambda Chi Alpha
Lambda Chi Alpha
Lambda Chi Alpha is one of the largest men's secret general fraternities in North America, having initiated more than 280,000 members and held chapters at more than 300 universities. It is a member of the North-American Interfraternity Conference and was founded by Warren A. Cole, while he was a...
, Phi Alpha Delta
Phi Alpha Delta
ΦAΔ , or P.A.D., is the largest co-ed professional law fraternity in the United States of America. Phi Alpha Delta has members who are university students, law school students, lawyers, judges, senators, and even presidents. It was founded in 1902 and today has over 300,000 initiated members...
, Phi Delta Phi
Phi Delta Phi
Phi Delta Phi, ΦΔΦ, is the world's second largest legal fraternity. Phi Delta Phi is the second oldest legal organization in continuous existence in the United States and third oldest in North America...
, and authored numerous legal scholarly articles. He also taught at Tulane University Law School
Tulane University Law School
Tulane University Law School is the law school of Tulane University. It is located on Tulane's Uptown campus in New Orleans, Louisiana. Established in 1847, it is the 12th oldest law school in the United States....
in New Orleans. In 1987, Barham wrote an article on the legal contributions of Chief Justice Tate (1920-1986) for the Louisiana Law Review.
A cousin of two state senators
Barham was a distant cousin of state Senator Robert J. BarhamRobert J. Barham
Robert Jocelyn Barham is a large-scale farmer from Morehouse Parish who has been appointed by Louisiana Governor Bobby Jindal as the secretary of the state's Department of Wildlife and Fisheries...
, a 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...
from tiny Oak Ridge
Oak Ridge, Louisiana
Oak Ridge is a village in Morehouse Parish, Louisiana, United States. The population was 142 at the 2000 census. It is part of the Bastrop Micropolitan Statistical Area.-Geography:Oak Ridge is located at ....
in Morehouse Parish and also of Robert Barham's older brother, former state Senator Edwards Barham
Edwards Barham
Erle Edwards Barham is an American farmer and conservationist in Oak Ridge, a village in Morehouse Parish in north Louisiana, best known for having been the first Republican elected—by a 29-vote margin—to the Louisiana State Senate since the era of Reconstruction. Barham represented the...
, also of Oak Ridge. Robert Barham described Mack Barham as "a very distant cousin. We were closer friends than relatives. Mack Barham set the bar for integrity, ability and intellectual capability on the state Supreme Court. He was always a gentleman and an inspiration to anyone connected with the legal profession," said Robert Barham.
Barham's death
Barham died in a Covington hospital after a lengthy illness. Survivors include his wife, the former Ann Lavois; son, Bret Lane Barham (born 1947), an attorney in Lake CharlesLake Charles, Louisiana
Lake Charles is the fifth-largest incorporated city in the U.S. state of Louisiana, located on Lake Charles, Prien Lake, and the Calcasieu River. Located in Calcasieu Parish, a major cultural, industrial, and educational center in the southwest region of the state, and one of the most important in...
; daughter, Megan Richardson (born 1950) of Covington; a sister, Ertie Mae Bowdon of Birmingham, Alabama
Birmingham, Alabama
Birmingham is the largest city in Alabama. The city is the county seat of Jefferson County. According to the 2010 United States Census, Birmingham had a population of 212,237. The Birmingham-Hoover Metropolitan Area, in estimate by the U.S...
; five grandchildren, and one great-grandchild.
Barham was cremated
Cremation
Cremation is the process of reducing bodies to basic chemical compounds such as gasses and bone fragments. This is accomplished through high-temperature burning, vaporization and oxidation....
. The family requested memorials to the LSU Foundation c/o LSU Law Center, Mack Barham Fund, Suite 400 Alumni Office, Baton Rouge, LA 70803.