Leader of the Year: Judge Payne still building on a long legacy

Senior U.S. District Judge Robert E. Payne has been a craftsman of the law for more than two decades, writing carefully considered and lucid opinions that have helped to define the law in many areas.

He also has conducted trials with multiple murderous defendants and bitter business competitors.

Payne’s influence reaches beyond law books and the courtroom, however. His warm relationships with lawyers, law clerks and other judges extend throughout Virginia.

Payne was voted last month as “Leader of the Year” by fellow members of the 2014 class of Virginia Lawyers Weekly’s Leaders in the Law.

As a member of the Richmond federal bench, Payne has been recognized for his deft handling of both complex commercial litigation battles and high-profile criminal cases.

Payne presided over a protracted court fight over computer technology in the case of Rambus Inc. v. Infineon Technologies Inc., producing a number of cutting-edge rulings. In 2005, Payne tossed the case based on one side’s destruction of potential evidence.

Although the case then settled, the 4^th U.S. Circuit Court of Appeals later adopted Payne’s reasoning on the destruction of evidence issue.

In 1997, Payne handled the capital murder prosecution of four members of the so-called “Poison Clan,” with all four defendants convicted of five murders as part of their drug dealing conspiracy. A jury spared the defendants the death penalty, and the convictions were affirmed on appeal.

Payne’s award was showcased by his alma mater, the Washington & Lee University law school. Payne shared Leader in the Law honors this year with the school’s dean, Nora V. Demleitner.

Payne was a 1967 graduate of the W&L law school. He served in the U.S. Army Judge Advocate General Corps for four years and then entered private practice at McGuireWoods in Richmond.

Payne was nominated by President George H.W. Bush in 1991 for a bench seat vacated by Judge J. Calvitt Clarke Jr. The U.S. Senate confirmed the nomination in May 1992.

Payne assumed senior status in 2007 but has remained active at the Richmond federal courthouse.

As a judge, Payne is known for his attention to the legal details.

“What I like about him is that every matter – no matter how small or how large – gets the same considered judgment,” said Petersburg’s Dale W. Pittman, who litigates consumer cases in the federal courts.

Before a hearing, Payne would routinely read all of the parties’ briefs, review his clerks’ memos and – in many cases – do his own research, according to former Payne law clerk Thomas T. Cullen of Roanoke.

“He’s the most prepared lawyer in the courtroom, and he’s the judge,” Cullen said.

Cullen, who clerked with Payne in 2004 and 2005, said the judge’s diligent scholarship was evident in a high rate of affirmed judgments.

“It reflects the time and effort he puts in at the front end to make sure he gets it right,” Cullen said.

Cullen said Payne has remained both a mentor and a friend to several dozen of his former law clerks.

The judge who has mentored many said his own inspiration came from his high school football coach who taught him how to overcome adversity and to be competitive. Payne said he might have been a football coach if he had not become a lawyer.

Another guide was Payne’s first employer, the late U.S. District Judge Richard L. Williams.

“Stand at the plate and take a swing at the ball even if you miss it,” Williams urged, according to Payne.

Away from the bench, Payne enjoys solo fishing trips. Although he has been a life-long Green Bay Packers fan, he, like many Richmond residents, recently added the Super Bowl Champion Seattle Seahawks to his roster of favorite sports teams.

In accepting Leader of the Year honors, Payne paid tribute to his colleagues and to his family, citing his successful 50-year marriage as one of his proudest accomplishments.

VLW’s Leaders in the Law program, now in its ninth year, honors attorneys and others in the legal field who have made significant contributions to the practice of law. This year’s 30-member class of honorees was recognized during a ceremony Oct. 23 at the Science Museum of Virginia.