Chief Judge Robinson Oscar Everett

In Memorium: The Honorable Robinson Oscar Everett

Senior Judge and former Chief Judge of the U.S. Court of Appeals for the Armed Forces, Distinguished Lawyer, Beloved Professor of Law, Military Justice Law Expert, Loving Husband and Father, Loyal Friend and Supporter of the Federal Legal Profession and the FBA

By Wendy M. Miller

The DC Chapter of the Federal Bar Association mourns the loss of Robinson Oscar Everett who passed away in his sleep on June 12, 2009, at the age of 81.

Robinson O. Everett was the Chief Judge on the U.S. Court of Appeals for the Armed Forces for ten years. Following that time, he continued to serve as senior judge. Everett was also a prominent expert on the military justice system. His book, Military Justice in the Armed Forces of the United States, was published in 1956.  He published The Law on War: Military Tribunals and the War on Terrorism in the Nov./Dec. 2001 issue of The Federal Lawyer in which he urged the use of military tribunals as an alternative to the federal civilian courts for the trial of terrorists.  Everett also wrote articles on many other legal topics including: secured transactions, criminal procedure and real estate law.

Everett will be warmly remembered by the students, faculty and alumni at Duke University School of Law as their beloved Professor of Law for his intellect, inspiration and guidance. In 1993 he received the Charles S. Murphy Award for public service from the Duke Law Alumni Association. In 2008, he was honored with Duke Law School’s A. Kenneth Pye Award for his 50 years of being on the faculty. He also provided financial support to the Law School. The Reuben Oscar and Robinson O. Everett Scholarship Endowment was established in 2002 at Duke.

Duke Law School has a memorial website http://www.law.duke.edu/everett. On that site, there is a documentary video created by his son Greg, on Everett’s life and career. Duke Law School welcomes emails with memories and condolence messages.

In addition to Duke Law School, Everett also taught at North Carolina School of Law and Wake Forest University School of Law.

Robinson O. Everett was born in Durham, North Carolina on March 18, 1928. His early aspiration was to become a detective. His mother Kathrine was one of the first women to graduate from the UNC School of Law and also the first woman to argue and win a case before the North Carolina Supreme Court. His father, Rueben Everett, was one of the first five law students at Duke. Both his parents were prominent lawyers and practice until their nineties. Kathrine retired when she was 97.

Everett was a brilliant student. He was a student at Phillips Exeter Academy for one year. He attended Harvard University and graduated in 1947 with an AB, magna cum laude. He went to Harvard Law School where he was an editor on the Harvard Law Review. In 1950, ranking fourth in his class, Everett graduated magna cum laude from Harvard Law School. Everett also received his Master of Laws from Duke University School of Law.  Everett. He was admitted to the North Carolina Bar and started teaching at Duke when he was 22.

In 1951, Everett joined the U.S. Air Force. During the Korean War, Everett served on active duty for two years in the Judge Advocate General’s Department. Following his release from active duty, Everett became a commissioner of the U.S. Court of Military Appeals. He was a member of the Air Force Reserve from 1951 until April 1978. He was a colonel when he retired.

Everett worked with his parents in their law firm which became known as Everett, Everett & Everett. He and his parents were sworn into the Supreme Court Bar on the same day in 1954.

During 1961-64, Everett worked part-time as counsel to the Subcommittee on Constitutional Rights of the Senate Judiciary Committee. He was involved in studies and hearings from 1964-66 which culminated in the enactment of the Military Justice Act of 1968.

In the 1960s and again in the 1990s, Everett challenged the redistricting plans in North Carolina stating that it was a form of legal segregation. Everett was both counsel and attorney for the plaintiffs in Shaw v. Reno, 509 U.S. 630 (1993), a Supreme Court case which dealt with North Carolina’s congressional map. Robinson said it was unconstitutional racial gerrymandering.  The Supreme Court concluded that the redistricting plan may violate the 14th Amendment’s Equal Protection Clause if the irregularity of the lines is an attempt to separate the races for voting purposes.

According to his son Greg, in the 1980s, he chaired numerous sections and committees for the Federal Bar Association and received an award for his service.

Everett received many awards including the ABA’s Morris I. Liebman Award in 2000 and the Professionalism Award from the Chief Justice’s Committee on Professionalism. In 2008, he was the first recipient of the Judge Advocates Association’s Distinguished Life Service Award. This award was then named after him. In 2004, Everett received the John J. Parker Memorial Award from the North Carolina Bar Association.

Everett was President of the Durham County, North Carolina Bar Association and also a member of the North Carolina State Bar Council.  He was a member and chair of the American Bar Association’s Standing Committee on Military Law. He was also a member of the Advisory Committee on the Federal Rules of Criminal Procedure and Evidence. He was affiliated with the National Conference of Commissioners on Uniform State Laws.  He was a Fellow of the American Bar Foundation. Everett was Director of the American Judicature Society and a life member of the American Law Institute.

Everett was an elder at the First Presbyterian Church and encouraged his children to attend church. His funeral service was held there. The interment was held at Cross Creek Cemetery in Fayetteville, North Carolina. Instead of flowers, the family had requested that donations be sent to the First Presbyterian Church for the Robert Day Habitat to Humanity House. The First Presbyterian Church’s address is: 305 East Main Street, Durham, NC 27701.

Everett will be remembered as a true gentleman, a man of integrity who had a memorable smile and an excellent memory.  He was an accomplished violinist and also loved sports including archery and tennis. He loved contests. He was known for wearing his black suit and yellow tie. Everett, also called by the name “Robbie” was compassionate, kind and respected others. He reminded his students that they could be good people at the same time as being successful lawyers. He was always willing to learn.  Everett had tremendous energy. Most of all he loved life and his family.

Everett is survived by his wife, Lynn McGregor Everett, his sons, Robinson Everett, Jr., Greg and Luke, and his grandchildren, Emma Claire, Henry and Catherine. We extend our heartfelt condolences to his family, friends and colleagues.