G. Thomas Eisele: Judge, Mentor, Friend

Last month, an Arkansas federal judge died at 94, saddening many in and outside that state.  He had an enormous impact on our native state and on two of us personally. We’d be remiss if we didn’t pay tribute to his remarkable life.  

Garnett Thomas Eisele served as a judge in the Eastern District of Arkansas from 1970 until his 2011 retirement.  Before taking the bench, as an old-time moderate Republican, he played a major role in Winthrop Rockefeller’s gubernatorial campaigns and served as his legal advisor at $1 a year.  Richard Nixon appointed him to the bench and he swore off politics, believing judicial office required the reality and appearance of fairness.

Tributes have poured in since his death, noting his penchant for unpopular decisions in criminal, environmental, and civil rights cases.  For the two of us who knew him, his judicial record tells only part of the story.  He seemed larger than life because of his intellect, kindness, civility, and dedication to helping people realize their potential.

Henry Writes:

My mother believed everyone encounters people who enrich lives if we open ourselves to those chance meetings.  Judge Eisele confirmed her belief.  Just out of college and working for Governor Rockefeller, I met Tom Eisele.  Although incredibly busy as the Governor’s lawyer, he took the time to talk with, advise, and encourage this young college graduate.  When it came time to move on to my career, he encouraged me to attend law school.  He thought, for some reason, I’d do well in the law.

By the time I graduated from law school he’d become a federal judge. He hired me as a law clerk. The newspaper headline read:

“Negro Named as US Law Clerk.” My hiring made him the first federal judge in Arkansas to employ an African American clerk.  He let me know that though he recognized the significance of the hire, he chose me because of my record, writing ability, and the potential he saw in me to help him do the people's business.

Working with him gave me a daily opportunity to watch and engage his unparalleled attention to detail, his total belief in fairness and justice, and his complete conviction that the cases we handled belonged not to us but the litigants whose lives depended on the energy and intellectual honesty we brought to each case.
Though I’d committed to a two year clerkship with him, I got a chance to clerk for an Eighth Circuit Court of Appeals judge.  He said I couldn’t pass up such an opportunity.  He believed it significant that I’d become the first African American to clerk for a judge on that court, but he thought it just as important that the experience itself would serve me well for the rest of my career.  He believed I could make a difference. 

G. Thomas Eisele (credit: Arkansas Online)

Later, I was appointed Magistrate Judge in the Eastern District of Arkansas. I’m sure when the district judges chose from the lawyers presented them by a recommending committee, his strong, respected voice and his belief in me made a difference.  I became the first African American Magistrate Judge in a southern state.  I found challenge and reward in my 31 and a half years on that court, serving alongside Judge Eisele.  My mentor and wise advisor became my colleague and invaluable friend.  I treasure that friendship and the memory of our conversations.  Nothing I write could demonstrate his impact on my life.

He opened his courtroom, his mind, and his heart to all people.  I miss him.

Rob writes:
I knew Judge Eisele less well than Henry, but my experiences with him produced enormous respect and admiration.   When I lived in Little Rock in the 1970s, I often ran along Rebsamen Park Road, a straight, flat stretch that parallels the Arkansas River.  Occasionally, I’d find myself catching up to a shirtless man who never stopped smiling and who always had time to talk until I pushed ahead.  That man was Judge Eisele. 

Oh, I knew who he was.  Most of the regular runners along “the river,” as we called it, knew “the Judge,” who parked his old Mercedes on the eastern end of the route, ran west for about three miles, and returned.  I wasn’t a lawyer then, but he knew me from television.  As we plodded along, we talked sports or how I was doing with life.  Despite his position, he wasn’t dour, standoffish, or self-important.  He talked to me like a human being.

Years later, after I’d become a lawyer,  on a visit to Arkansas, I mentioned to Henry that I’d worked on a case, just decided by the Texas Supreme Court, on admissibility of scientific evidence.  He said Judge Eisele had a pending case involving that issue and he might want to know what I’d learned.  The Judge invited me to his office and we spent almost an hour talking about the ins and outs of that complex topic.  When I returned to Houston, as he’d asked, I sent his law clerks the briefs in my case.   I was astounded that he cared what I thought.

Finally, when we started this project, I needed background on Henry’s life before we met.  Henry said Judge Eisele heavily influenced his decision to attend law school.  He urged me to call him about it.  I dialed the number Henry gave me, expecting I’d have to fight my way through a palace guard of gatekeepers.  Judge Eisele answered the phone himself.  We talked for an hour, just two people discussing a mutual friend.  The world needs more people who approach life like he did.                                          

An American Political Agenda for 2018 and 2020: Six Suggestions for the Upcoming Election Cycles: Part 5

We’ve suggested four areas on which 2018 and 2020 candidates should focus for bringing America back from its current morass (Read Part 4 here).  We’ve written about restoring the dignity of the Presidency, promoting racial reconciliation, addressing income inequality, and formulating an intelligent foreign policy rooted in our values and the shared interests of the United States and its allies.

Now, we turn to the domestic agenda candidates for Congress and the White House should press if they want to improve the lives Americans lead.  We could propose an endless list of policies and programs, but we’ll limit the discussion to six areas the next few Congresses and the next President have to get right to make America truly great.

Public Education   
The three of us grew up and into the middle class through public education.  A strong America depends on a strong public education system.  Private schools, which not everyone can afford, have their place in American education, but a vibrant economy and a society in which people believe they can improve their lives depends on continuing investment in and a commitment to public education.  For America to remain a world leader the nation must produce a broadly educated citizenry. Public education remains the most proven vehicle for achieving that.  

Infrastructure   
Democrats and Republicans sort of agree on this.  At least both seem to understand the need for rebuilding crumbling roads and bridges and investing in navigation projects, airports, and other transportation facilities.  The disagreement lies in paying for it.  Candidate Trump claimed he would propose an infrastructure package.  His administration floated, but hasn’t pushed in Congress, a tax credit scheme that would mostly benefit Trump’s rich friends.  A meaningful infrastructure program requires putting significant federal dollars into the kinds of projects America once specialized in building.  Trump and Republicans often claim business tax cuts will pay for themselves by spurring economic growth. Historically, tax cut have not had that result.  They just increase the deficit.  Prior experience suggests Infrastructure spending, however, will pay for itself in jobs, lower public and private maintenance costs, and improvements in everyday life.  It’s time to quit talking about this and do something about it.

Affordable Housing   
Recent books like Richard Rothstein’s The Color of Law have emphasized the connection between housing policy and the country’s seemingly intractable economic and racial problems.  It seems important now to develop policies and programs that insure Americans of all races and ethnicities access to quality, affordable public and private housing.  This area of federal policy has stagnated in recent years under Democratic and Republican presidents.  The next group of people in charge, in Congress and in the White House, must renew the conversation about what programs and policies will give more Americans access to affordable housing while stimulating the construction industry.  The next Housing Secretary should understand and appreciate the nation’s history of socioeconomic and racial discrimination in housing and how local, state, and federal government policy, with the help of the building trades, contributed to the problem. Perhaps the next President can involve people like Professor Rothstein in selecting a HUD Secretary.

Immigration Reform   
Perhaps nothing causes as much emotional upset among Americans today as immigration policy. The issue brings to the surface the culture war over who determines domestic policy, illustrating the difference in a world in which people of color have a say in such decisions and the way the world once worked.  This issue divides the country in to red and blue.  Red America, generally, wants to punish undocumented immigrants and favors drastic measures, like a wall, to keep out immigrants from certain countries. Blue America, generally, wants a path to citizenship for undocumented immigrants here and opposes draconian border security measures.  The challenge lies in finding a sensible middle ground between those poles.  We favor a more welcoming policy toward immigrants.  Any comprehensive immigration reform proposal must provide a path to citizenship and border security that controls the flow of illegal immigrants.

Energy and Emissions Policy   
They go hand-in-hand.  We need more, not less, public investment in solar, wind, and other forms of clean, renewable energy.  These industries will produce more good jobs than we can save in the coal fields.  The global movement toward such energy sources won’t stop because of the Trump administration’s obsession with coal.  The clean energy train is pulling out of the station and the United States needs to get on board.     

Tax Policy   
The “tax reform” proposals now being rushed through Congress by Republicans come nowhere near the kind of tax policy we need to move our economy forward, give relief to those who really need it, and insure everyone pays his or her fair share. The “loopholes” being closed – deductions for state and local taxes, reduced ability to deduct interest on student loans, etc. – hurt middle class people, not the wealthy.  Meantime, too many ways still exist for corporations and wealthy individuals to hide taxable income offshore and in other ways that keep the tax system unfair.  The next Congress and the next President need to correct that situation.  Involving scholars and observers like former Labor Secretary Robert Reich and journalists Thomas Friedman and Michael Mandelbaum in the process wouldn’t hurt either.   

We could talk about lots of other things.  But, we think we’ve offered a good starting point.  

What do you think?