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James Gibson Edit Profile

judge , Lawyer

James Gibson, American lawyer, judge. Bar: New York 1926. Trustee Albany Law School, Union University Served with Army of the United States, 1943-1945, European Theatre of Operations. Member American Bar Association, New York State Bar Association (chairman judicial section 1970-1971, member exec committee 1970-1971), Washington County Bar Association Clubs: Fort Orange (Albany); Princeton (New York City).

Background

Gibson, James was born on January 21, 1902 in Salem, New York, United States. Son of James and Caroline H. (MacCartee) Gibson.

Education

Bachelor of Arts, Princeton University, 1923; Bachelor of Laws, Albany Law School, 1926; Doctor of Laws, Union College, 1970.

Career

He was admitted to the bar in 1926, and practiced law in Hudson Falls, New York. In 1935, he was elected District Attorney of Washington County, a position his father had held also. During World War II, he served as a captain in the United States Army.

In 1952, he was elected to the New York Supreme Court (4th District), and re-elected in 1966. He sat on the Appellate Division (3rd Dept) from 1956 to 1969. He was Presiding Justice from 1964 on.

In 1964, the phrase "under God" in the Pledge of Allegiance was challenged as a violation of the constitutional separation of church and state. On the appellate bench, Gibson ruled that the phrase was legal. His decision was upheld by the New York Court of Appeals.

The United States Supreme Court declined to review the decision, effectively leaving Justice Gibson's ruling as the law of the land. On September 15, 1969, Gibson was appointed by Governor Nelson A. Rockefeller to the Court of Appeals to fill the vacancy caused by the resignation of Kenneth Keating. In November 1969, he was elected unopposed to succeed himself.

He retired from the Court of Appeals at the end of 1972 when he reached the constitutional age limit of 70 years, and returned to the Supreme Court as a certificated trial justice until 1978. Afterwards he resumed the practice of law at Hudson Falls. He died at the Glens Falls Hospital.

Achievements

  • Bar: New York 1926.

Membership

Trustee Albany Law School, Union University Served with Army of the United States, 1943-1945, European Theatre of Operations. Member American Bar Association, New York State Bar Association (chairman judicial section 1970-1971, member exec committee 1970-1971), Washington County Bar Association Clubs: Fort Orange (Albany). Princeton (New York City).

Connections

Married Judith Angell, June 11, 1929 (deceased March 1956). Children: Caroline (Mistress Paul Fordham Nugent, Junior), Judith (Mistress E.J. Conklin).

father:
James Gibson

mother:
Caroline H. (MacCartee) Gibson

spouse:
Judith Angell

child:
Junior) Gibson

child:
Caroline (Mistress Paul Fordham Nugent Gibson

child:
Judith Gibson (Mistress E.J. Conklin)