Edward C. Burks

Edward Calohill Burks (May 20, 1821 – July 4, 1897) was an American jurist.

Burks was born in Bedford County, Virginia, the son of Martin Parks Burks, a successful farmer, and Louise Claiborne Spinner. He attended several schools when he was a boy, among them, the New London Academy. Later, in 1839, he entered Washington College and graduated in June 1841 with the highest honors of his class. In 1842, he graduated with distinction from the University of Virginia School of Law. After graduation, he entered private practice in Bedford and adjacent counties.

In December 1876, he was elected to the Supreme Court of Appeals and remained there for six years until 1882 when the Readjuster Party came into power. In 1884, after returning to private practice, he was chosen by the Legislature as one of the revisors of the Code of Virginia of 1887, which he completed with Waller Redd Staples and John W. Riely, both of whom also served as Justices on the Supreme Court of Appeals of Virginia. He was also a member of the House of Delegates in 1861-62 and part of 1863. In 1891, Burks was President of the Virginia State Bar Association and, with Professor Charles A. Graves of Washington and Lee and Professor William M. Liles of the University of Virginia, commenced publication of the “Virginia Law Register” in May 1895.

Judge Burks was elected in December 1876 to fill the unexpired term of Judge Wood Boulden. When Judge Drury A. Hinton was elected to the court, to start in 1883, Judge Burks contested his own removal after only six years. He claimed that all judges were elected for a twelve-year term. The court ruled against him. (See 77 Va. 1). Subsequently, however, the legislature has made clear, when electing a justice following the death of a member of the court, whether the term is for the unexpired portion of the former justice's term or for a full term, usually the latter.[1]

Judge Burks' son, Martin P. Burks later served on the Supreme Court of Virginia as well.

References

  1. "The Supreme Court of Appeals of Virginia: Edward C. Burke" in The Green Bag vol.5, p.415-6 (1893) Google Books


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