Virginia Lawyers Weekly

William B. Traxler Jr. acknowledges that he has up to seven years ahead as chief judge of the 4th U.S. Circuit Court of Appeals, but that’s about as specific as he gets when it comes to predictions about the new job he started just days ago.

What most matters to him is the here and now, specifically his transition and that of the court after fellow South Carolinian Karen J. Williams, citing early-onset Alzheimer’s, retired as chief judge earlier this month.

Traxler, 61, of Greenville said he learned of Williams’ retirement just before she went public with the announcement that would sweep him into the leadership of what has been called one of the nation’s most conservative federal appeals courts.

Williams, 57, of Orangeburg, had given no previous sign, through actions, work or words, as to her condition or her imminent departure, according to Traxler.

“It came as a shock to everybody,” he said.

Williams’ retirement went into effect on July 8. The next day, Traxler became chief judge; he became the leader under rules that give the top spot to the court’s most senior member under 65 who had not previously led the court.

Under federal law, each chief judge’s tenure is limited to seven years.

“Right now, it seems like a long time,” Traxler said with a laugh.

He said he’s getting advice from other members of the court as well as Williams and other former chief judges, including William W. Wilkins of Greenville, who retired from the court in 2008, and Judge J. Harvie Wilkinson III of Virginia, a 25-year member who served as chief judge from 1996 to 2003.

“I’ve been talking to the other judges on the phone to get their ideas, and it’s going fine. Everybody is very helpful, very supportive, and it’s basically going to be business as usual,” Traxler said.

“Our discussions have been primarily general, a general idea of what to expect,” he said.

In addition to former chief judges’ words of wisdom, he has their administrative legacy.

“Fortunately, we’ve had good, efficient prior judges as chief judges, particularly Judge Williams and Judge Wilkins of Greenville and Judge Wilkinson of Virginia, and they’ve set up a good system, and it’s really a matter of learning it and working with it,” Traxler said.

As a result, he isn’t planning any dramatic changes, he said.

Traxler is the third consecutive South Carolinian to serve as chief judge. Williams was named chief judge in 2007 after Wilkins concluded his four-year tenure.

For a court notorious for its long-running lack of full membership — five of its 15 seats are empty at present — the string of three chief judges hailing from the Palmetto State is a conspicuous anomaly, dictated by statutes governing the succession.
Speculation on the court’s future make-up has centered on whether President Barack Obama will use appointments to recast the court’s ideology in a more moderate image.

Traxler said he understands that the White House intends to fill all of the court’s vacancies, but he ventured no forecasts as to who might join the court or when, saying that’s up to President Obama and the U.S. Senate.

“Right now we are at the top in regard to how quickly decisions are rendered,” he said. “I think our court’s done a good job of staying current and, of course, with more judges we can, hopefully, maintain that ability.”

He discounted any suggestion that the court operates according to political “labels.”

“Everybody is honestly trying to reach the result that they believe the law requires. And, of course, in gray areas there are always differences of opinion. But whether we are conservative or liberal or moderate or whatever, that’s just the label that other people give us,” he said.

Traxler, a 1973 graduate of the University of South Carolina School of Law, was in private practice before joining the 13th Judicial Circuit solicitor’s office in 1975. He served as the circuit’s solicitor from 1981 to 1985, when he became a resident judge for the circuit. In 1992, he was named as judge for the U. S. District Court of South Carolina.

In July 1998, President Clinton nominated Traxler to the 4th Circuit; he was confirmed by the Senate two months later.

Traxler said he looks to one overarching principle to guide him as chief judge: “Treat people as you would want to be treated if you were in their shoes.”

It dates back to his own experiences as a lawyer, he said.

“I believe that the system gets the best work out of a lawyer if the lawyer, in going into the courtroom, knows that he’ll be listened to, his position will be respected and that he will get a fair and full hearing for his client,” he said.

“The system works best if he goes into the courtroom not fearing being embarrassed or berated or treated harshly.”

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