Guide to the James W. McClendon Papers, 1910-1967

Historical Background

Born in West Point, Georgia, on November 1, 1873, to James Wooten and Annie Eliza (Thompson) McClendon, James Wooten McClendon (1873-1972) was a lawyer, judge, and chief justice of the Texas Court of Civil Appeals in Austin.

After receiving his B.A. degree from the University of Texas in 1895, and graduating from the first class of the University of Texas law school in 1897, McClendon began a law practice in Austin. He was active with the University of Texas Law Association and, in 1916-1917, was Secretary on the Association's Joint Committee on Legal Reform. On October 7, 1919, he was named associate justice on the Texas Supreme Court Commission of Appeals, serving until December 1923. That year, Governor Pat Neff appointed McClendon chief justice of the Court of Civil Appeals for the 3rd Judicial District (Austin), a position he held until retirement in 1949.

McClendon was a committed proponent of judicial reform and court reorganization for the state of Texas, and corresponded with several national organizations, state judicial councils and members of the judiciary to learn more about and advocate these issues. In 1929, McClendon was instrumental in the creation of the Texas Civil Judicial Council (TCJC), and was an esteemed member of that organization beyond his retirement. He served on various TCJC committees, most notably the Committee on Court Reorganization. Additionally, he was the Chairman of the Texas State Bar Association Committee on Administration and Remedial Reform and a member of the Texas State Bar Association Special Committee on the Revision of the Constitution and By-laws. In 1940, the Texas Supreme Court appointed McClendon to an advisory committee to revise the rules of civil procedure and a sub-committee on appellate procedure. Additionally, in 1945, McClendon served on the State Bar Committee on the Improvement of the Administration of Justice.

McClendon also belonged to the American Judicature Society and the American Law Institute, but was most active as a member of the National Conference of Judicial Councils (NCJC) and the American Bar Association (ABA) Section of Judicial Administration. In 1937, McClendon served as Chairman of the Committee on Coordination for the ABA Section of Judicial Administration, the National Conference of Judicial Councils, and the American Judicature Society. In 1939 and 1940, McClendon served as Chairman of the NCJC and Vice-Chairman and Chairman of the ABA Section of Judicial Administration. As chairman of the NCJC, McClendon oversaw the first publications of the Judicial Administration Series.

In 1948, McClendon presided over the landmark case Sweatt v. Painter, in which Heman M. Sweatt, a black postal employee, argued that he was denied entry to the UT law school due to his race. McClendon's decision ruled in favor of the state's "separate but equal" standard for state schools, and was overruled in 1950 by the United States Supreme Court.

McClendon was also a director and a member of the board of editors of the Texas Law Review, a member of the Philosophical Society of Texas (1939), a Mason, Grand Master of the Grand Lodge of Texas (1930), and a member of Town and Gown. He married Anne Hale Watt on December 14, 1904; they had two children. McClendon died in Austin on January 9, 1972, and was buried in the State Cemetery.

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Contents of the Collection

Correspondence, minutes and agenda, legal documents, newspaper clippings, financial documents, reports, maps, and other materials (1910-1967, 10.5 linear feet) illustrate James W. McClendon's involvement in local, state, and national legal organizations and associations. Arranged in three subgroups comprised of Texan Legal Organizations, National Legal Organizations, and Assorted Professional Material, the papers document McClendon's work as chief justice of the Texas Court of Civil Appeals, 3rd District in Austin, as chairman of the National Conference of Judicial Councils, and as a member on committees and sub-committees for the American Bar Association, Texas Civil Judicial Council, American Judicature Society, and other organizations. McClendon sorted his files by organization, and some overlap occurs among the material due to the interaction between different organizations.

Texan Legal Organizations (1910-1964, 5.5 linear ft.) contains five series: I. Texas Civil Judicial Council (1922-1964, 3 linear ft.); II. Texas Court of Civil Appeals (1919-1961, 1 linear ft.); III. Texas State Bar Association (1914-1953, 1 linear ft.); IV. Texas Supreme Court (1918-1951, 0.25 linear ft.) , and; V. University of Texas (1910-1964, 0.25 linear ft.). Series I reveals Judge McClendon’s involvement in the Texas Civil Judicial Council, including its formation, participation in state legal issues such as court reorganization, as well as communication with other states’ judicial councils. The series contains correspondence about the court reorganization and judicial reform movements in Texas, and throughout the United States, along with several drafts of legislation amending Article V of the state constitution. Series II contains case administration from the 3rd judicial district Court of Civil Appeals as well as Appellate Judges Association material that illuminates the operations of the state’s civil appeals courts. Series III documents the State Bar’s activities in regards to judicial salaries and retirement as well as its recommendations for state legislation. Series IV contains Texas Supreme Court material documenting McClendon 's involvement with its Committee on the Rules of Civil Procedure, case administration materials from the Commission of Appeals, and correspondence regarding McClendon's potential appointment to the Supreme Court. Series V contains correspondence with the University of Texas as well as printed material, creative works, and clippings about legal issues, the Law Association, and the Law Review.

National Legal Organizations (1918-1967, 4 linear ft.), contains five series: VI. American Bar Association (1918-1966, 2 linear ft.); VII. American Judicature Society (1928-1967, 0.5 linear ft.); VIII. American Law Institute (1925-1951, 0.25 linear ft.); IX. Institute of Judicial Administration (1954-1967, 0.01 linear ft.), and; X. National Conference of Judicial Councils (1929-1954, 1.5 linear ft.). Series VI contains material documenting McClendon's participation in the American Bar Association (ABA), primarily via the Section of Judicial Administration. Series VII documents McClendon's involvement in the American Judicature Society. Series VIII concerns the American Law Institute. Series IX contains correspondence from the Institute of Judicial Administration regarding meetings, conferences, and administrative matters. Series X illustrates McClendon's involvement with the National Conference of Judicial Councils.

Assorted Professional Material (1926-1966, 1 linear ft.), contains four series: XI. Vanderbilt, Arthur T. (1937-1954, 0.25 linear ft.); XII. Philosophical Society of Texas (1939-1954, 0.15 linear ft.); XIII. Freemasonry (1938-1953, 0.1 linear ft.), and; XIV. Assorted (1926-1966, 0.5 linear ft.). Series XI contains correspondence with, and publications by, Judge Arthur T. Vanderbilt on various legal organizations and professional issues. Series XII contains correspondence and printed material regarding McClendon's involvement with the Philosophical Society of Texas. Series XIII documents McClendon's admittance to and participation with the Masons, including the Scottish Rite and the Grand Lodge of Texas. Series XIV includes correspondence, printed material, handwritten notes, and newspaper clippings about legal issues or McClendon himself.

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Restrictions

Access Restrictions

None.

Use Restrictions

The collection and any reproductions of the collection are made available for the purposes of private study, scholarship, and research only.

Tarlton Law Library does not hold the copyright to the materials, unless it has been transferred to the library by the creator. It is the researcher's responsibility to determine the copyright status and to obtain permission from the copyright holder before publishing any materials from the collection.

Some collections may contain sensitive or confidential information protected under federal and state privacy laws. The researchers are encouraged to report any such information to staff.

The University of Texas at Austin is not responsible for violations of intellectual property rights and any other laws or for liability to any person for defamation or invasion of privacy that result from unauthorized use of the collection by the researcher.

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Administrative Information

Cite As

James W. McClendon Papers, Tarlton Law Library, The University of Texas at Austin.

Acquisition Information

Donated ca. 1959-1960.

Processing History

Processed by Megan Mummey, Laurel Rozema, Bijal Patel and Simon Staats, Fall 2007. Arrangement and finding aid edited by Jennifer Cummings, 2009.

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Detailed Description of the Collection

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