Franklin Cleckley

Franklin Cleckley
Justice of the Supreme Court of Appeals of West Virginia
In office
September 6, 1994 – November 5, 1996
Appointed by Gaston Caperton
Preceded by Thomas B. Miller
Succeeded by Robin Davis
Personal details
Born (1940-08-01) August 1, 1940
Huntington, West Virginia, U.S.
Alma mater Anderson University
Indiana University School of Law
Harvard Law School
University of Exeter

Franklin Dorrah Cleckley was the Arthur B. Hodges Professor of Law at West Virginia University College of Law.[1] He taught at the law school from 1969-2013.[2] He now holds the endowed professorship emeritus.[1] He became the first African-American to serve as a Justice on the West Virginia Supreme Court of Appeals,[3] when Governor Gaston Caperton appointed him to the position in 1994.[2] Justice Cleckley served on the Court until 1996.[2]

Personal background

Justice Cleckley was born in Huntington, West Virginia on August 1, 1940, but was raised in McDowell County, West Virginia.[4] He received an A.B. degree from Anderson College in 1962, a J.D. degree from Indiana University School of Law in 1965, and a LL.M. degree from Harvard Law School in 1969.[5] He also did post-graduate studies at the University of Exeter in England.[6]

Professional background

Justice Cleckley served three years in the United States Navy during the Vietnam War as a Judge Advocate General.[7] While serving as a Navy JAG officer he earned the reputation, given by the United States Secretary of Defense, as being the most sought after attorney in Vietnam.[2] In 1969 he became the first African-American to join the faculty at West Virginia University College of Law.[6] Justice Cleckley taught courses in evidence, criminal procedure and civil rights.[5] He served as a visiting professor at Syracuse University, the University of Maryland, the University of Mississippi, the William & Mary Law School, Louisiana State, and Mercer University.[8]

Writings

Justice Cleckley's two volume Evidence Handbook has been called the evidence "Bible" by lawyers and judges.

Justice Cleckley authored the Handbook on Evidence for West Virginia Lawyers[9] and the Handbook on West Virginia Criminal Procedure.[10] He co-authored the Litigation Handbook on West Virginia Rules of Civil Procedure,[11] Health Care and the Law,[12] and Introduction to the West Virginia Criminal Justice System and Its Laws.[13] Justice Cleckley authored several law review articles that include: A Free Market Analysis of the Effects of Medical Malpractice Damage Cap Statutes: Can We Afford to Live with Inefficient Doctors?;[14] Clearly Erroneous: The Fourth Circuit's Decision to Uphold Removal of a State-Bar Disciplinary Proceeding Under the Federal Officer Removal Statute;[15] A Modest Proposal: A Psychotherapist-Patient Privilege for West Virginia;[16] Tribute to a Champion: Thurgood Marshall;[17] and the 1996 inspiring article Foreword: Never Again.[18] Justice Cleckley wrote over 100 majority opinions for the Supreme Court, in addition to numerous concurring opinions and dissents.[19] He was also the original drafter of the West Virginia Rules of Criminal Procedure, the West Virginia Rules of Evidence, and the drafter of the 1984 Revisions of the Local Rules of United States District Court for the Northern District of West Virginia.[5]

Honors and awards

Justice Cleckley established the Franklin D. Cleckley Foundation in 1990, for the purpose of providing assistance for the educational and employment needs of people with prior criminal records.[4] He has been honored with many awards that include: the West Virginia Civil Liberties Union "Civil Libertarian of the Year Award";[6] the West Virginia Common Cause Award for Public Service;[6] the "Civil Rights Award" from the West Virginia Human Rights Commission;[6] the West Virginia NAACP "Thurgood Marshall Award";[6] the Neil S. Bucklew Award for Social Justice;[20] and the West Virginia Chapter of the National Association of Social Workers "Public Citizen of the Year Award".[20] The "Justice Franklin D. Cleckley Fellowship" was named and created in his honor by the West Virginia University College of Law, in conjunction with the University of Chicago Law School.[2] The Fellowship provides a two year position with the West Virginia Innocence Project.[2] In 1992 the "Franklin D. Cleckley Symposium" was created by West Virginia University for the purpose of having leading members of the civil rights community speak at the university.[6]

References

  1. 1 2 "Emeriti Faculty | College of Law | West Virginia University". Law.wvu.edu. Retrieved 2015-10-19.
  2. 1 2 3 4 5 6 "Justice Franklin D. Cleckley Fellowship | WV Innocence Project | West Virginia University". Wvinnocenceproject.wvu.edu. 2015-05-19. Retrieved 2015-10-20.
  3. ↑ "West Virginia's first African-American justice honored with WVU's Neil S. Bucklew Award for Social Justice". WVUToday. Retrieved 2015-10-19.
  4. 1 2 "Franklin D. Cleckley". Wvencyclopedia.org. Retrieved 2015-10-20.
  5. 1 2 3 "Franklin D. Cleckley | College of Law | West Virginia University". Law.wvu.edu. 2015-07-28. Retrieved 2015-10-20.
  6. 1 2 3 4 5 6 7 "Franklin Cleckley receives 2011 Liberty Bell Award" (PDF). Courtswv.gov. Retrieved 2015-10-20.
  7. ↑ "Franklin D. Cleckley". Wvencyclopedia.org. Retrieved 2015-10-19.
  8. ↑ "Professor Franklin Cleckley". staging.innsofcourt.org. Retrieved 2015-10-19.
  9. ↑ Palmer, Louis J; Davis, Robin Jean; Cleckley, Franklin D (2015-01-01). Handbook on evidence for West Virginia lawyers. ISBN 9781632835772.
  10. ↑ "Handbook on West Virginia Criminal Procedure, Second Edition". Lexisnexis.com. Retrieved 2015-10-18.
  11. ↑ Cleckley, Franklin D; Davis, Robin Jean; Palmer, Louis J (2012-01-01). Litigation handbook on West Virginia rules of civil procedure [fourth edition]. Huntington, NY: Juris Pub.
  12. ↑ Cleckley, Franklin D. Health care and the law. [Place of publication not identified]: West Virginia Regional Medical Program.
  13. ↑ Cleckley, Franklin D; Palmer, Louis J (1994-01-01). Introduction to the West Virginia criminal justice system and its laws. Dubuque, Iowa: Kendall/Hunt Pub. Co. ISBN 0840397976.
  14. ↑ "94 West Virginia Law Review 1991-1992 Free Market Analysis of the Effects of Medical Malpractice Damage Cap Statutes: Can We Afford to Live with Inefficient Doctors, A". heinonline.org. Retrieved 2015-10-18.
  15. ↑ "92 West Virginia Law Review 1989-1990 Clearly Erroneous: The Fourth Circuit's Decision to Uphold Removal of a State-Bar Disciplinary Proceeding under the Federal-Officer Removal Statute". heinonline.org. Retrieved 2015-10-18.
  16. ↑ "93 West Virginia Law Review 1990-1991 Modest Proposal: A Psychotherapist-Patient Privilege for West Virginia, A". heinonline.org. Retrieved 2015-10-18.
  17. ↑ "94 West Virginia Law Review 1991-1992 Tribute to a Champion: Thurgood Marshall Dedication". heinonline.org. Retrieved 2015-10-18.
  18. ↑ ""FOREWORD: NEVER AGAIN" by Franklin D. Cleckley". scholarlycommons.law.wlu.edu. Retrieved 2015-10-18.
  19. ↑ "100 West Virginia Law Review 1997-1998 A Tribute to Franklin D. Cleckley: A Compendium of Essential Legal Principles from His Opinions as a Justice on the West Virginia Supreme Court of Appeals: Constitutional Law". heinonline.org. Retrieved 2015-10-18.
  20. 1 2 "West Virginia's first African-American justice honored with WVU's Neil S. Bucklew Award for Social Justice". Wvutoday.wvu.edu. Retrieved 2015-10-20.
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