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{{Short description|American judge}}
{{distinguish|text=the English politician [[James Brande]]}}
{{Infobox Judge
{{Infobox Judge
| name = James T. Brand
| name = James Tenney Brand
| image =
| image = James T Brand.PNG
| imagesize =
| caption =
| caption =
| office = 31st Chief Justice of the [[Oregon Supreme Court]]
| office = 31st Chief Justice of the [[Oregon Supreme Court]]
Line 11: Line 12:
| predecessor = [[Hall S. Lusk]]
| predecessor = [[Hall S. Lusk]]
| successor = [[Earl C. Latourette]]
| successor = [[Earl C. Latourette]]
| office2 = 61st Associate Justice of the [[Oregon Supreme Court]]
| office2 = 61st Justice of the [[Oregon Supreme Court]]
| termstart2 = 1941
| termstart2 = 1941
| termend2 = 1958
| termend2 = 1958
Line 18: Line 19:
| predecessor2 = [[Henry J. Bean]]
| predecessor2 = [[Henry J. Bean]]
| successor2 = [[Kenneth J. O'Connell]]
| successor2 = [[Kenneth J. O'Connell]]
| birthdate =
| birth_date = {{birth date|1886|10|9}}
| birthplace =
| birth_place =
| deathdate = [[February 28]] [[1964]]
| death_date = {{death date and age|1964|2|28|1886|10|9}}
| deathplace = [[Phoenix, Arizona]]
| death_place = [[Phoenix, Arizona]]
| spouse =
| spouse = Irene Morley
}}
}}
'''James T. Brand''' (d. [[February 28]] [[1964]]) was the 31st Chief Justice of the [[Oregon Supreme Court]] serving in that role from 1951 to 1953. While serving on court from 1941 to 1958 his service was interrupted when he was chosen to be a judge on a military tribunal adjudicating [[Nazi]] war crimes after [[World War II]].
'''James Tenney Brand''' (October 9, 1886 – February 28, 1964) was the 31st Chief Justice of the [[Oregon Supreme Court]], serving in that role from 1951 to 1953. While serving on court from 1941 to 1958 his service was interrupted when he was chosen to be a judge on a military tribunal adjudicating [[Nazi Germany|Nazi]] war crimes after [[World War II]].


==Early life==
==Early life==
Brand graduated from [[Oberlin High School]] in [[Oberlin, Ohio]] in 1905.<ref name=obit>[http://www.oberlin-high.org/obits/ohs_obits_bn-bz.html Oberlin High School: obituaries. From The New York Times, February 29, 1964.]</ref> After moving to Oregon Brand became a Circuit Judge in [[Coos Bay, Oregon|Coos Bay]], located in the southwestern section of the state.<ref name=oregonian>Ted Mahar. STATE'S FIRST ELECTED WOMAN D.A. DIES. ''The Oregonian'', November 3, 1996.</ref> He served for 14 years in that position.<ref name=obit/> In 1936 he was living in [[Coos Bay, Oregon|Marshfield, Oregon]] when he attended the funeral of John H. McNary.<ref>[http://www.open.org/pioneerc/pg30.html Salem Pioneer Cemetery]</ref>
James Tenney Brand was born in [[Oberlin, Ohio]], on October 9, 1886.<ref name="Oregon">Corning, Howard M. ''Dictionary of Oregon History''. Binfords & Mort Publishing, 1956.</ref> Brand graduated from [[Oberlin High School (Ohio)|Oberlin High School]] in Oberlin in 1905.<ref name="obit">[http://www.oberlin-high.org/obits/ohs_obits_bn-bz.html Oberlin High School: obituaries. From ''The New York Times'', February 29, 1964.]</ref> Next he graduated from [[Oberlin College]] in 1909, followed by [[Harvard Law School]] where he graduated in 1914.<ref name="Oregon" /> After graduation Brand worked for the U.S. Forest Service when he moved to Oregon.<ref name="Oregon" /> In 1916 he married Irene Morley.<ref name="Oregon" />

Once in Oregon he was in private practice in [[Coos Bay, Oregon]], before serving as the city attorney for [[Coos Bay, Oregon|Marshfield, Oregon]], (now called Coos Bay) from 1917 to 1927.<ref name="Oregon" /> Brand was then appointed as a Circuit Judge in Marshfield, Oregon, located in the southwestern section of the state.<ref name="oregonian">Ted Mahar. STATE'S FIRST ELECTED WOMAN D.A. DIES. ''The Oregonian'', November 3, 1996.</ref> He served for 14 years in that position.<ref name="obit" /> He was living in Marshfield in 1936 when he attended the funeral of [[John Hugh McNary|John H. McNary]].<ref>[http://www.open.org/pioneerc/pg30.html Salem Pioneer Cemetery]</ref>


==Judicial career==
==Judicial career==
Brand was appointed to the Oregon Supreme Court on [[May 14]] [[1941]]<ref name=OSC>[http://www.bluebook.state.or.us/state/elections/elections27.htm Oregon Blue Book: Supreme Court Justices of Oregon]</ref> by [[Governor of Oregon|Oregon Governor]] [[Charles A. Sprague]].<ref>[http://www.bluebook.state.or.us/state/elections/elections24.htm Oregon Blue Book: Governors of Oregon]</ref> Brand replaced [[Henry J. Bean]] who had died in office on [[May 8]] [[1941]].<ref name=OSC/> Then in 1942 Justice Brand received a full six year term after winning the election.
Brand was appointed to the Oregon Supreme Court on May 14, 1941<ref name="OSC">[https://sos.oregon.gov/blue-book/Documents/elections/history-officials.pdf Oregon Blue Book: Earliest Authorities in Oregon - Supreme Court Justices of Oregon]</ref> by [[Governor of Oregon|Oregon Governor]] [[Charles A. Sprague]].<ref>[https://sos.oregon.gov/archives/Pages/records/governors_guides.aspx Oregon State Archives: Governor's Records Guides]</ref> Brand replaced [[Henry J. Bean]], who had died in office on May 8, 1941.<ref name="OSC" /> Then, in 1942, Justice Brand received a full six-year term after winning the election.


In 1947 Justice Brand was appointed by the [[War Department]] to the War Crimes Tribunal to be convened in [[Germany]] after World War II.<ref>[http://arcweb.sos.state.or.us/governors/Snell/message1947.html Oregon SOS: Gov. Earl W. Snell Inaugural Message 1947]</ref> There he was one of four judges of Nazi War Crimes at the [[Judges' Trial]], the third in a set of twelve trials collectively known as the [[Subsequent Nuremberg Trials]]. The trial began in March of 1947<ref>[http://www.mazal.org/archive/nmt/03/NMT03-T0031.htm Mazal Library: OPENING STATEMENTS]</ref> with Brand as a member of a three person Military Tribunal, but on [[June 19]] [[1947]] he became the Presiding Judge when [[Carrington T. Marshall]] resigned for health reasons.<ref>[http://www.mazal.org/archive/nmt/03/NMT03-T0013.htm Mazal Library: NUERNBERG MILITARY TRIBUNAL: Volume III: MEMBERS OF THE TRIBUNAL]</ref>
In 1947 Justice Brand was appointed by the [[United States Department of War|War Department]] to the War Crimes Tribunal to be convened in [[Germany]] after [[World War II]].<ref>[http://records.sos.state.or.us/ORSOSWebDrawer/Record?q=recTitle:snell+And+recNumber:APD%2a&sortBy=recCreatedOn- Oregon State Archives: Governor Earl W. Snell Administration - Inaugural Message 1947]</ref> There he was one of four judges of Nazi War Crimes at the [[Judges' Trial]], the third in a set of twelve trials collectively known as the [[Subsequent Nuremberg Trials]]. The trial began in March 1947<ref>[http://www.mazal.org/archive/nmt/03/NMT03-T0031.htm Mazal Library: OPENING STATEMENTS]</ref> with Brand as a member of a three-person Military Tribunal, but on June 19, 1947, he became the Presiding Judge when [[Carrington T. Marshall]] resigned for health reasons.<ref>[http://www.mazal.org/archive/nmt/03/NMT03-T0013.htm Mazal Library: NUERNBERG MILITARY TRIBUNAL: Volume III: MEMBERS OF THE TRIBUNAL]</ref>


After returning from Germany he resumed his position on [[Oregon]]’s highest court.<ref name=OSC/> James Brand won re-election in both 1948 and 1954.<ref name=OSC/> In between elections he was chosen by his fellow justices to serve as chief justice from 1951 to 1953.<ref name=OSC/> Justice Brand resigned his position on the bench on [[June 30]] [[1958]].<ref name=OSC/>
After returning from Germany he resumed his position on [[Oregon]]'s highest court.<ref name="OSC" /> James Brand won re-election in both 1948 and 1954.<ref name="OSC" /> In between elections he was chosen by his fellow justices to serve as chief justice from 1951 to 1953.<ref name="OSC" /> Justice Brand resigned his position on the bench on June 30, 1958.<ref name="OSC" />


==Later life and family==
==Later life and family==
After retiring from the court Brand became a professor at [[Stetson University College of Law]] in [[Florida]].<ref>[http://www.law.stetson.edu/lawrev/vause.pdf W. Gary Vause. ''Foundations for excellence-The history of Stetson University College of Law'']</ref> Justice Brand died in [[Phoenix, Arizona]] while on vacation on [[February 28]] [[1964]] at the age of 77.<ref name=obit/> He was survived by his wife and his son Col. Thomas Brand who served in the [[Judge Advocate General Corps]].<ref>[http://oregonstate.edu/dept/ncs/newsarch/2001/Apr01/holo.htm OSU News: OSU to observe Holocaust Memorial Week]</ref><ref name=obit/>
After retiring from the court Brand became a professor at [[Stetson University College of Law]] in [[Florida]].<ref>{{Cite web |url=http://www.law.stetson.edu/lawrev/vause.pdf |title=W. Gary Vause. ''Foundations for excellence-The history of Stetson University College of Law'' |access-date=2007-04-20 |archive-url=https://web.archive.org/web/20070930015053/http://www.law.stetson.edu/lawrev/vause.pdf |archive-date=2007-09-30 |url-status=dead }}</ref> Justice Brand died in [[Phoenix, Arizona]], while on vacation on February 28, 1964, at the age of 77.<ref name="obit" /> He was survived by his wife Irene Morley and his son Col. Thomas Brand who served in the [[Judge Advocate General Corps]].<ref name="obit" /> <ref>{{Cite web |url=http://oregonstate.edu/dept/ncs/newsarch/2001/Apr01/holo.htm |title=OSU News: OSU to observe Holocaust Memorial Week |access-date=2007-04-20 |archive-url=https://web.archive.org/web/20060914012850/http://oregonstate.edu/dept/ncs/newsarch/2001/Apr01/holo.htm |archive-date=2006-09-14 |url-status=dead }}</ref>


==Other==
==Other==
*Speaker at: Postwar problems of the Pacific and world organization, held in March of 1944.<ref>''The Far Eastern Quarterly'', Vol. 4, No. 1. (Nov., 1944), pp. 78-80.</ref>
*Speaker at: Postwar problems of the Pacific and world organization, held in March 1944.<ref>''The Far Eastern Quarterly'', Vol. 4, No. 1. (Nov., 1944), pp. 78–80.</ref>
*In the movie [[Judgment at Nuremberg]] starring [[Spencer Tracy]], Tracy’s character is modeled after Brand.<ref>[http://oregonstate.edu/dept/holocaust/program/ Oregon State University: HOLOCAUST MEMORIAL 2007 Events]</ref>
*In the movie [[Judgment at Nuremberg]] starring [[Spencer Tracy]], Tracy’s character is modeled after Brand.<ref>{{Cite web |url=http://oregonstate.edu/dept/holocaust/program/ |title=Oregon State University: HOLOCAUST MEMORIAL 2007 Events |access-date=2007-04-20 |archive-url=https://web.archive.org/web/20070425062440/http://oregonstate.edu/dept/holocaust/program/ |archive-date=2007-04-25 |url-status=dead }}</ref>
*[[Hattie Bratzel Kremen]] the first women in Oregon elected as a district attorney served as Justice Brand’s personal secretary and court reporter, even accompanying him to Germany.<ref name=oregonian/>
*[[Hattie Bratzel Kremen]] the first women in Oregon elected as a district attorney served as Justice Brand’s personal secretary and court reporter, even accompanying him to Germany.<ref name="oregonian" />
*Authored: ''The Insanity Defense'', 9 Ore. L. Rev. 309 (1930)
*Authored: ''The Insanity Defense'', 9 Ore. L. Rev. 309 (1930)
*Authored: ''Montesquieu and the Separation of Power'', 12 Ore. L. Rev. 175 (1933)
*Authored: ''Montesquieu and the Separation of Power'', 12 Ore. L. Rev. 175 (1933)
Line 48: Line 51:


==Decisions authored==
==Decisions authored==
*''Mutzig v. Hope'', 176 Or. 368, 158 P.2d 110 (1945) ([[jurisdiction]], [[venue]])
*''Mutzig v. Hope'', 176 Or. 368, 158 P.2d 110 (1945) ([[jurisdiction]], [[Venue (law)|venue]])
*''Marsh v. McLaughlin'', 210 Or. 84, 309 P.2d 188 (1957) ([[tort]]s)


==External links==
==External links==
*[http://homepage.ntlworld.com/jksonc/bancoult_v_mcnamara.html Bancoult v. McNamara]
*[https://web.archive.org/web/20061222143041/http://homepage.ntlworld.com/jksonc/bancoult_v_mcnamara.html Bancoult v. McNamara]
*[http://www.ushmm.org/wlc/article.php?lang=en&ModuleId=10007073 Subsequent Nuremberg Meetings]
*[http://www.ushmm.org/wlc/article.php?lang=en&ModuleId=10007073 Subsequent Nuremberg Meetings]

==References==
==References==
{{Reflist}}
{{Reflist}}


{{authority control}}
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[[Category:Oregon Supreme Court justices]]
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{{DEFAULTSORT:Brand, James T.}}
[[Category:Oregon state court judges]]
[[Category:Oregon state court judges]]
[[Category:People from Ohio]]
[[Category:People from Oberlin, Ohio]]
[[Category:1886 births]]
[[Category:1964 deaths]]
[[Category:Oberlin College alumni]]
[[Category:Harvard Law School alumni]]
[[Category:People from Coos Bay, Oregon]]
[[Category:Chief Justices of the Oregon Supreme Court]]
[[Category:Judges of the United States Nuremberg Military Tribunals]]
[[Category:Stetson University College of Law faculty]]
[[Category:20th-century American judges]]
[[Category:Oregon city attorneys]]
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[[Category:Justices of the Oregon Supreme Court]]

Latest revision as of 15:25, 1 March 2023

Not to be confused with the English politician James Brande.
James Tenney Brand
31st Chief Justice of the Oregon Supreme Court
In office
1951–1953
Preceded byHall S. Lusk
Succeeded byEarl C. Latourette
61st Justice of the Oregon Supreme Court
In office
1941–1958
Appointed byDouglas McKay
Preceded byHenry J. Bean
Succeeded byKenneth J. O'Connell
Personal details
Born(1886-10-09)October 9, 1886
DiedFebruary 28, 1964(1964-02-28) (aged 77)
Phoenix, Arizona
SpouseIrene Morley

James Tenney Brand (October 9, 1886 – February 28, 1964) was the 31st Chief Justice of the Oregon Supreme Court, serving in that role from 1951 to 1953. While serving on court from 1941 to 1958 his service was interrupted when he was chosen to be a judge on a military tribunal adjudicating Nazi war crimes after World War II.

Early life[edit]

James Tenney Brand was born in Oberlin, Ohio, on October 9, 1886.[1] Brand graduated from Oberlin High School in Oberlin in 1905.[2] Next he graduated from Oberlin College in 1909, followed by Harvard Law School where he graduated in 1914.[1] After graduation Brand worked for the U.S. Forest Service when he moved to Oregon.[1] In 1916 he married Irene Morley.[1]

Once in Oregon he was in private practice in Coos Bay, Oregon, before serving as the city attorney for Marshfield, Oregon, (now called Coos Bay) from 1917 to 1927.[1] Brand was then appointed as a Circuit Judge in Marshfield, Oregon, located in the southwestern section of the state.[3] He served for 14 years in that position.[2] He was living in Marshfield in 1936 when he attended the funeral of John H. McNary.[4]

Judicial career[edit]

Brand was appointed to the Oregon Supreme Court on May 14, 1941[5] by Oregon Governor Charles A. Sprague.[6] Brand replaced Henry J. Bean, who had died in office on May 8, 1941.[5] Then, in 1942, Justice Brand received a full six-year term after winning the election.

In 1947 Justice Brand was appointed by the War Department to the War Crimes Tribunal to be convened in Germany after World War II.[7] There he was one of four judges of Nazi War Crimes at the Judges' Trial, the third in a set of twelve trials collectively known as the Subsequent Nuremberg Trials. The trial began in March 1947[8] with Brand as a member of a three-person Military Tribunal, but on June 19, 1947, he became the Presiding Judge when Carrington T. Marshall resigned for health reasons.[9]

After returning from Germany he resumed his position on Oregon's highest court.[5] James Brand won re-election in both 1948 and 1954.[5] In between elections he was chosen by his fellow justices to serve as chief justice from 1951 to 1953.[5] Justice Brand resigned his position on the bench on June 30, 1958.[5]

Later life and family[edit]

After retiring from the court Brand became a professor at Stetson University College of Law in Florida.[10] Justice Brand died in Phoenix, Arizona, while on vacation on February 28, 1964, at the age of 77.[2] He was survived by his wife Irene Morley and his son Col. Thomas Brand who served in the Judge Advocate General Corps.[2] [11]

Other[edit]

  • Speaker at: Postwar problems of the Pacific and world organization, held in March 1944.[12]
  • In the movie Judgment at Nuremberg starring Spencer Tracy, Tracy’s character is modeled after Brand.[13]
  • Hattie Bratzel Kremen the first women in Oregon elected as a district attorney served as Justice Brand’s personal secretary and court reporter, even accompanying him to Germany.[3]
  • Authored: The Insanity Defense, 9 Ore. L. Rev. 309 (1930)
  • Authored: Montesquieu and the Separation of Power, 12 Ore. L. Rev. 175 (1933)
  • Authored: Crimes against humanity and the Nürnberg trials, 28 Ore. L. Rev. 93 (1949)

Decisions authored[edit]

  • Mutzig v. Hope, 176 Or. 368, 158 P.2d 110 (1945) (jurisdiction, venue)
  • Marsh v. McLaughlin, 210 Or. 84, 309 P.2d 188 (1957) (torts)

External links[edit]

References[edit]

  1. ^ a b c d e Corning, Howard M. Dictionary of Oregon History. Binfords & Mort Publishing, 1956.
  2. ^ a b c d Oberlin High School: obituaries. From The New York Times, February 29, 1964.
  3. ^ a b Ted Mahar. STATE'S FIRST ELECTED WOMAN D.A. DIES. The Oregonian, November 3, 1996.
  4. ^ Salem Pioneer Cemetery
  5. ^ a b c d e f Oregon Blue Book: Earliest Authorities in Oregon - Supreme Court Justices of Oregon
  6. ^ Oregon State Archives: Governor's Records Guides
  7. ^ Oregon State Archives: Governor Earl W. Snell Administration - Inaugural Message 1947
  8. ^ Mazal Library: OPENING STATEMENTS
  9. ^ Mazal Library: NUERNBERG MILITARY TRIBUNAL: Volume III: MEMBERS OF THE TRIBUNAL
  10. ^ "W. Gary Vause. Foundations for excellence-The history of Stetson University College of Law" (PDF). Archived from the original (PDF) on 2007-09-30. Retrieved 2007-04-20.
  11. ^ "OSU News: OSU to observe Holocaust Memorial Week". Archived from the original on 2006-09-14. Retrieved 2007-04-20.
  12. ^ The Far Eastern Quarterly, Vol. 4, No. 1. (Nov., 1944), pp. 78–80.
  13. ^ "Oregon State University: HOLOCAUST MEMORIAL 2007 Events". Archived from the original on 2007-04-25. Retrieved 2007-04-20.
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