Robert N. C. Nix, Jr.

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For the first African American congressman from Pennsylvania, see Robert N.C. Nix, Sr.

image:Nixportrait.jpg

Robert Nelson Cornelius Nix, Jr. (July 13, 1928 - August 16, 2003) served as the Chief Justice of the Pennsylvania Supreme Court from 1984 to 1996. [1] Nix was the first African American Chief Justice of any state’s highest court, and the first African American to be elected to statewide office in Pennsylvania.[2] He served as a justice of the Supreme Court of Pennsylvania for 24 years, 12 of which were as chief justice, and was a prominent figure in Pennsylvania law and public service for more than three decades.

Contents

[edit] Personal Life

Nix was born in Philadelphia, Pennsylvania in 1928.[3] He was the son of Robert N.C. Nix, Sr., the first of Pennsylvania's African Americans in the United States Congress and a powerhouse among city Democrats.[4] Nix’s grandfather was Nelson Cornelius Nix, who was born into slavery but eventually became a minister and an academic dean of South Carolina State College at Orangeburg.[5]

Nix was a 1946 graduate of Central High School,[6][7] a 1950 graduate and valedictorian of Villanova University,[8] and a second-generation graduate of the University of Pennsylvania Law School.[9]

[edit] Legal Career

After graduating from law school, Nix spent 2 years serving in the United States Army before becoming a Deputy Attorney General in 1956.[10] After 2 years in the Attorney General’s Office he joined his father’s law firm, Nix, Rhodes and Nix, as a partner, where he gained a reputation as a civil rights advocate.[11] During the 1960s, he represented United Neighbors, a citizens’ group advocating improvements in a blighted section of West Philadelphia.[12] He served as a member of the mayor’s advisory committee on civil rights in 1963, where he raised questions about racial discrimination in city government hiring, and pushed for action agains slumlords.[13] Following the assassination of Rev. Dr. Martin Luther King, Justice Nix warned that unless the nation made a commitment to racial equality, it faced “an internal conflagration that will reduce it to ashes.” [14]

He also defended Philadelphia Magistrate Earl Lane in a 1966 case with political and racial overtones.[15] Lane was accused of collecting $2 to $20 fees for signing copies of charges that released people accused of crimes, a procedure that was supposed to be free or, if bail was required, cost a dollar.[16] Nix unsuccessfully sought a new judge and a change of venue for the trial, contending that Lane, a former Pullman porter and Democratic committeeman, had been unfairly singled out for prosecution on charges far more minor than those the other magistrates faced. After Lane was convicted and sentenced to 11 to 23 months in prison, Nix said Lane was "the first man in the history of the state charged with this crime" and that at least 19 other magistrates did the same thing but had not been charged.[17]

[edit] Judicial Career

In 1967 Nix was elected as a judge on the Philadelphia Court of Common Pleas.[18] 4 years later Nix was elected to the Pennsylvania Supreme Court, the first African American elected to statewide office in Pennsylvania history.[19] Of his election, Justice Nix said "[i]t shows that the people want ideas, that they are not interested in race, creed or color. I'm particularly impressed by the vote in the central counties. It is just unbelievable that a Philadelphia candidate won there. And a black man!" [20] He became Chief Justice in 1984, replacing former Chief Justice Henry X. O'Brien.[21]

On the high court, Justice Nix developed a reputation as a voice for individual rights. A champion of the broader rights accorded by the state constitution, Justice Nix led the court to interpret the Pennsylvania Constitution to ensure more individual rights than the U.S. Constitution, especially in the areas of search and seizure and sovereign immunity. [22] He was also an early voice against prosecutors using their power to exclude African Americans from juries.[23] Although generally considered a liberal, in 1977 he was the lone voice for upholding Pennsylvania's death penalty statute. [24]

[edit] Controversy

Justice Nix was involved in several high profile controversies. In 1966, when running for election as a judge on the Philadelphia court of common pleas, Nix was critized for continuing to be on his father, Congressman Robert Nix Sr.'s, payroll as a congressional assistant, despite working as an attorney in private practice, and for collecting money each month from Congress in rent for his fathers use of space in Nix's office. [25] The rental agreement was dropped soon after.[26]

In 1981 Justice Nix was retained for a second 10 year term in a controversial election. A public feud between Nix and Justice Rolf Larsen took on racial undertones when newspapers reported that Larsen allegedly threatened to publicize the fact that Justice Nix was black in an attempt to defeat him.[27] Larsen was investigatd and exonorated by a judicial board of inquiry,[28] however, the disputes between the Justices continued. In 1992 Larsen was accused of improperly communicating with a trial judge about a case (Larsen was later found to have engaged in misconduct and publically reprimanded[29]). Larsen in turn filed court documents accusing Nix of similar conduct. [30] Both the District and Appellate courts concluded in 1995 that Nix had, in fact, improperly intervened in the trial in question. [31] After stepping down in 1996, Justice Nix said his difficulties with Larsen were "regrettable, but we were able to eliminate that and restore confidence in the judicial system." [32] Larsen was ultimately impeached and removed from office for unrelated misconduct.[33]

[edit] Retirement and Death

In 1996 Nix unexpectedly announced his retirement from the bench, 2 years prior to his mandatory retirement.[34] In announcing his retirement, Nix said that "[i]t is time for me to walk away and smell the daisies" and indicated that he planned to travel and write, avocations he had put on hold.[35]

On August 16, 2003, Nix died in Philadelphia, after suffering from alzheimer's disease. At his death, Pennsylvania Governor Ed Rendell said of Nix that “during the course of his entire career as lawyer and judge, Chief Justice Nix dedicated his considerable intellect and energy to breaking down barriers that have no place standing in any system of Democracy.”[36]


Preceded by:
Henry X. O'Brien		 Chief Justice of the Pennsylvania Supreme Court
1984 –1996		 Succeeded by:
John P. Flaherty Jr.

[edit] References

  1. ^ R.N.C. Nix Jr., 75, Groundbreaking Judge, N.Y. Times, August 26, 2003, available at 2003 WLNR 5648617
  2. ^ N. 1
  3. ^ Id
  4. ^ In Memoriam - Robert N.C. Nix, Jr., available at http://www.law.upenn.edu/alumnijournal/spring2004/in_memoriam/nix.html
  5. ^ N. 4
  6. ^ Ex-Justice Robert Nix dead at 75, Philadelphia Inquirer, August 24, 2003
  7. ^ http://en.wikipedia.org/wiki/Central_High_School_%28Philadelphia%29#Notable_alumni
  8. ^ N. 1, 7
  9. ^ N. 4
  10. ^ University of Pennsylvania Obituary, available at http://www.upenn.edu/gazette/0304/0304obits.html#23
  11. ^ N. 1
  12. ^ N. 7
  13. ^ N. 9
  14. ^ N. 7
  15. ^ Philadelphia's Magisterial Mess, Time Magazine, Oct. 1, 1965, available at http://www.time.com/time/magazine/article/0,9171,834432-2,00.html
  16. ^ N. 7
  17. ^ N. 7
  18. ^ N. 4
  19. ^ N. 1, 4
  20. ^ N. 20
  21. ^ N. 1
  22. ^ N. 20
  23. ^ N. 20
  24. ^ N. 20
  25. ^ N. 20
  26. ^ N. 20
  27. ^ David Lauter, Pa. High Court in Turmoil: Justices Sidestep Misconduct Probe; Impeachment Rumors Abound, Nat'l L.J., June 27, 1983, at 1, 27-28, 32 available 68 Temp. L. Rev. 1041 at 1044
  28. ^ N. 20
  29. ^ 68 Temp. L. Rev. 1041 at 1045
  30. ^ N. 20
  31. ^ N. 20
  32. ^ N. 20
  33. ^ N. 22
  34. ^ Pennsylvania Supreme Court Chief Justice Robert Nix announces retirement from bench, Jet Magazine, March 25, 1996, available at http://www.findarticles.com/p/articles/mi_m1355/is_n19_v89/ai_18142934
  35. ^ N. 34
  36. ^ N. 10
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