Honorable John G. Heyburn II papers
Abstract
Descriptive Summary
- Title
- Honorable John G. Heyburn II papers
- Date
- 1980-2015 (inclusive)
- 1992-2015 (bulk)
- Creator
- Heyburn, John G. (John Gilpin), 1948-2015
- Extent
- 16.65 Cubic Feet
- Subjects
- Same-sex marriage -- Law and legislation.
- Judges -- United States.
- School integration -- Kentucky -- Jefferson County
- Judicial process -- United States
- Court administration -- United States
- Arrangement
- Collection is arranged into five series and nine sub-series. Where possible, original order and original folder names were retained.
- Preferred Citation
- 2016ms048 : [identification of item], Honorable John G. Heyburn II papers, 1980-2015, bulk 1992-2015, University of Kentucky Special Collections Research Center.
- Repository
- University of Kentucky
Collection Overview
- Biography / History
- The Honorable John G. Heyburn II was a District Court Judge on the Western District Court of Kentucky from 1992 to 2015. During his 23 years on the federal bench, he presided over more than 7,645 cases, some of which comprised important questions of constitutional law, including on partial birth abortion and racial guidelines to remedy school segregation.
- Judge Heyburn was born on November 12, 1948, in Boston, Mass. and was raised in Louisville, Ky. His mother was Francis Starks Heyburn and his father was Henry Reuter Heyburn, a Kentucky state senator and prominent attorney in Louisville. John Heyburn graduated from Milton Academy in 1966, Harvard University in 1970, and the University of Kentucky School of Law in 1976.
- He began his legal career the same year as an associate at the firm then known as Brown, Todd, and Heyburn, where he specialized in litigation within the construction industry. While in private practice, he consulted for then-Jefferson County Judge/Executive Mitch McConnell, with whom he became friends while they both worked on the 1971 gubernatorial campaign of Tom Emberton. He also ran for public office himself, for Jefferson County Attorney in 1981 and for Jefferson County Judge/Executive in 1989. In addition, from 1983 to 1986, he served as a member of the Charter Commission for Louisville and Jefferson County, director of the Louisville Bar Association (1986-1988, 1994-1999), and a lifelong member of the Salmagundi Club, a Louisville social and literary group.
- In 1992, Senator Mitch McConnell recommended Heyburn to President George H.W. Bush for appointment to the United States District Court for the Western District of Kentucky. In an unusual show of bipartisan support during an election year, Senator Wendell Ford endorsed Heyburn's nomination.
- Within two years of joining the federal bench, Chief Justice William Rehnquist appointed Judge Heyburn to the Budget Committee of the Judicial Conference of the United States. He became committee chairman in 1997, testifying regularly before congressional appropriators about the budgetary needs of the Federal Judiciary and consulting with foreign governments on national judicial reforms.
- In 2007, Chief Justice John G. Roberts appointed Judge Heyburn to a seven-year term as chair of the Judicial Panel on Multidistrict Litigation, a component of the Third Branch that identifies complex cases in federal courts across the country and centralizes them for efficiency and consistency.
- On the district court bench, Judge Heyburn served as chief judge from 2001 to 2008. In 2014, he presided over Bourke v. Beshear, in which he held as unconstitutional Kentucky's ban on recognizing same-sex marriages. The Supreme Court affirmed his decision in 2015, two months after Judge Heyburn passed away.
- Scope and Content
- The Honorable John G. Heyburn II papers (dated 1980-2015; 16.65 cubic feet; 37 boxes) comprise case files, research files, notes, correspondence, news articles, speeches, writings, lesson plans and other curricular materials, photographs, and video tapes that document his legal and judicial career. The majority of the collection consists of case files, speeches, and writings that detail Judge Heyburn's judicial, professional, and civic education work as a District Judge on the Western District Court of Kentucky from 1992 to 2015. The collection is particularly strong in documenting Judge Heyburn's decision-making process, including in high-profile cases such as McFarland v. Jefferson County Public Schools (2007), on racial segregation in Jefferson County Public Schools in Louisville, Ky., and Bourke v. Beshear, the 2014 case in which he held as unconstitutional Kentucky's discrimination against same-sex marriages.
- One file of photographs and negatives document Judge Heyburn's Senate nomination hearing on August 12, 1992 and his judicial swearing-in ceremony on August 17, 1992. These include images of Judge Heyburn with Kentucky senators Wendell Ford and Mitch McConnell. Video tapes document some of his appearances on the Federal Judicial Television Network, before the Senate Committee on Appropriations as Chairman of the Judicial Conference's Budget Committee, and other select broadcasts.
- There are also speeches, correspondence, and video tapes that detail administrative issues managed by the Western District Court in particular and the Federal Judiciary in general.
- The collection also includes training materials, news articles, reports, and writings that document Judge Heyburn's professional activities as a private attorney before he joined the federal bench in 1992. These include his participation on the Charter Commission for Louisville and Jefferson County (1982-1983) and seminars he taught on construction law for the Kentucky Bar Association (1982-1991).
Restrictions on Access and Use
- Conditions Governing Access
- Collection is open to researchers by appointment.
- Use Restrictions
- Property rights reside with the University of Kentucky. The University of Kentucky holds the copyright for materials created in the course of business by University of Kentucky employees. Copyright for all other materials has not been assigned to the University of Kentucky. For information about permission to reproduce or publish, please contact the Special Collections Research Center.
Contents of the Collection
Biographical files, 1992, 2005-2015
Scope and Contents
This series comprises three folders of photographs, negatives, papers, and booklets that primarily document the judicial career of Judge John G. Heyburn II. One file of photographs and negatives document Judge Heyburn's Senate nomination hearing on August 12, 1992 and his judicial swearing-in ceremony on August 17, 1992 to become District Court Judge on the Western District of Kentucky. These include images of Judge Heyburn with Kentucky senators Wendell Ford and Mitch McConnell. Also included are draft entries for the Almanac of the Federal Judiciary. There are also programs from his Life Celebration organized by his wife, Dr. Martha Heyburn, to mark his passing on April 29, 2015.
The series is organized chronologically by date.
Almanac of the Federal Judiciary, 2005-2015
[Life celebration], [2015 May 8]
Case-related files, 1992-2015
Scope and Contents
This series comprises opinions and orders, draft opinions, law clerk memos, notes, correspondence, news articles, research files, and court filings that document some of the cases over which Judge John G. Heyburn II presided, as well as his overall process for judicial decision-making. There are also lists and other compilations that document Judge Heyburn's significant cases, appealed decisions, and other summary information about his body of work. Materials mostly relate to civil cases.
The series is not comprehensive of the cases over which Judge Heyburn presided.
Opinions and Orders, 1992-2010
Scope and Contents
This subseries comprises published opinions and orders that document Judge Heyburn's decisions in specific cases. Each opinion includes a "Memorandum Opinion Topic" cover sheet that contains the case name and docket number. Other information on topic sheets may include: topics and areas of law considered in the opinion, law clerk's first name and last initial, and the date that the law clerk filed the opinion and topic sheet in Judge Heyburn's filing system.
The subseries is not comprehensive of Judge Heyburn's body of decisions. Many of these opinions, however, are not available electronically through the Court's public access system.
Opinions are filed alphabetically by plaintiff's name, and folders of opinions are organized alphabetically by letter.
A, 1994-2004
B, 1993-2006
C, 1992-2007
D, 1992-2005
E, 1994-2003
F, 1992-2007
G, 1992-2005
H, 1992-2004, 2009-2010
I, 1993, 1998-2000
J, 1993-2003
K, 1992-2003
L, 1992-2010
M, 1992-2007
N, 1993-2010
O, 1993, 1995
P, 1992-2004
R, 1992-2005
S, 1992-2010
T, 1992-2004
U - V, 1993-2001
W, 1992-2005
X, Y, Z, 1994-2002
Summary case files, 1992-2015
Scope and Contents
This subseries primarily comprises lists and compilations that provide information on Judge Heyburn's overall body of work. The lists detail his published opinions, significant cases, and cases that went to trial. Compilations consist of summary information on decisions that were appealed and all "Memorandum opinion topic " cover sheets.
The subseries is organized alphabetically by folder title.
Appealed decisions 1994-2013, 2013
Memorandum opinions list, 2014
Memorandum opinions topic memo sheets, 2001-2015
Published opinions lists, undated
Significant cases list, undated
Trial list, 1992-2014
Jefferson County Public Schools cases, 1998-2007
Scope and Contents
This subseries comprises draft opinions, law clerk memos, notes, and research files that document Judge Heyburn's decision-making process in two major school racial segregation cases, Hampton, et al. v. Jefferson County Board of Education, et al. (docket number 3:98CV-262-H) and McFarland v. Jefferson County Public Schools, et al (docket number 3:02CV-620-H). Many of these files contain the Judge's annotations. Research files include caselaw, news articles, census data, bibliographies, and staff reports from the Kentucky Commission on Human Rights.
This subseries is organized chronologically by docket number and then alphabetically by folder title.
3:98CV-262-H - newspaper articles, 1998-2000
3:98CV-262-H - published opinions, 2007
3:98CV-262-H - research materials, 1998-2000
3:98CV-262-H - working file, 1999-2000
3:02CV-620-H - law clerk memos and caselaw
3:02CV-620-H - opinion drafts, 2004
[Bibliography], [2018]
Discrimination - preemption/abstention/declaratory relief, 2012?
[Research - various], [1998-2000]
Other case files, 1992-2014
Scope and Contents
This subseries comprises draft opinions and outlines, law clerk memos, notes, correspondence, court filings, caselaw, news articles, and research files that document Judge Heyburn's decision-making process in various cases. The subseries is not comprehensive of the cases over which Judge Heyburn presided. It does, however, include a number of his civil cases, including two high-profile cases, Eubanks v. Stengel (docket number 3:98CV-262-H), regarding the constitutionality of Kentucky's 1998 "Kentucky Partial Birth Abortion Act", and Bourke v. Beshear (docket number 3:13-CV-750), the 2014 case in which he ruled that Kentucky's discrimination against same-sex marriage was unconstitutional. There are also two criminal case files. Many files include annotations from Judge Heyburn and various law clerks.
This subseries is organized chronologically by docket number and then alphabetically by folder title.
CR-92-00054-L(H) - USA v. Mays - trial forms - complex cases, 1994?
CR-94-00018-BG, USA v. Smith & Wells (working file), 1995-1996
3:98-CV-383-H, Eubanks v. Stengel, 1998-2000
3:00-CV-293-H, Zoeller Co. v. Nurse, et al
3:03-CV-93-H, Markers Mark Distillery, Inc. v. Diageo North America, et al, 2003-2009
3:04-CV-338-H, O'Bryan v. Holy See (working file), 2007
3:07-CV-238-H, Ventas v. HCP, previous opinions and orders, Canadian decisions, undated
3:11-CV-18-H, Maxwell's Pic-Pac, Inc., et al v. Tony Dehner, et. al., 2012
3:13-CV-750, Bourke v. Beshear -- caselaw, 2014
3:13-CV-750, Bourke v. Beshear -- congratulatory letters, 2014
3:13-CV-750, Bourke v. Beshear -- "other" mail, 2014
3:13-CV-750, Bourke v. Beshear -- various, 2014
Barth - newspaper articles, 2012-2013
Kelly case - newspaper articles, 2011-2013
Rubbertown lawsuits, 2006-2007
School cases, jockey case, adult entertainment, 2006-2013
Southwest Jefferson County air pollution cases, 2010
Trial times, 1998-2013
Various cases, 1992-2012
Research files, 1992-2014, undated
Scope and Contents
This subseries primarily consists of caselaw, law clerk memos, notes, published opinions, and scholarly articles on substantive areas of law and civil and criminal procedure. Two files relate to other issues: "Judicial independence" and "Naturalization ceremony procedures". "Judicial independence" consists of speeches and writings on the subject of separation of powers, and "Naturalization ceremony procedures" contains Judge Heyburn's remarks, research, and procedures for presiding over naturalization ceremonies. Some files in this series include annotations by the Judge.
This subseries is organized alphabetically by folder title.
Abstention, 2004
Admiralty law, 1993 July 7
Appeals - civil, 1992 September 17
Apportionment, 1997
Apprendi, 2000-2001
Arbitration agreements and civil claims, 2004
Child pornography sentencings, 2007-2009
Civil forfeiture, 1993 February 18
Competency to stand trial, 1992
Costs, 2010
Desegregation cases, 2006-2007
Disclosure of confidential informant's identity, 1993 March 10
Discrimination, 1999
Employment discrimination and age discrimination, 1995-2002
Expert testimony, 1995-1999
404(b) evidence, 1992-1996
Fair debt collection, 1993
Hearsay testimony - 801(d)(2)(D), 1992-1993
Immigration and naturalization mandamus cases, 2008
Immunity (sovereign and personal), 1993-1994, 2013
Implying damages under the Individuals with Disabilities Education Act, undated
Improper jury deliberation, 1999
Judicial estoppel, 1997
Judicial independence, 1998-1999, 2006
Jurisdictional amount, 1993 October 27
Jury trial, 1993, 1999-2001
Lesser included offense, 1994 August 19
Markham hearing / patent law, 1998-2000
Motion for acquittal / motion for new trial, 1993
Motions to dismiss (Rule 12(b)(6)), undated
Naturalization ceremony procedures, undated
Obscenity caselaw, undated
Pendent jurisdiction, 1992?, undated
Personal jurisdiction, 1997-2007
Prisoner rights - section 1983, 1992 December
Products liability, 2008 June-July
Prosecutorial misconduct, 2001
Removal, 2005-2014
Res judicata / claim preclusion, 1993?
Section 1983, 1999 May
Statutory interpretation, undated
Summary judgment - boilerplate, undated
Summary judgment - Rule 56, undated
Title VII, 1998-1999
Trademark, undated
Withdrawal of guilty plea, 1993 January 27
Workers compensation up-the-ladder defense, 2004
Correspondence, 1992-2015
Scope and Contents
The Correspondence series primarily comprises incoming letters to Judge Heyburn that document the administration of the Western District Court of Kentucky in particular and the Federal Judiciary in general. Correspondents include federal judges, leaders in the Federal Judiciary, state and federal legislators such as retired United States Representative Romano Mazzoli (Democrat, Third Congressional District), attorneys, law professors and other academics, and members of the public. Letters generally relate to administrative issues managed by district court judges, staff attorneys, United States Marshals, the Sixth Circuit Court of Appeals, the Administrative Office of the United States Courts, and other institutions within the Federal Judiciary. Other topics include particular cases and invitations to professional events. There are also copies of outgoing correspondence sent by Judge Heyburn.
The series is primarily organized chronologically by date.
District court general files #1, 1992 September 3-1993 August 24
District court general files #2, 1993 September 3-1995 July 26
District court general files #3, 1993 November 25-1994 December 31
District court general files #4, 1995 January 5-1996 January 15
District court general files #5, 1996 January 8-1998 December 29
District court general files #6, 1999 January 19-2000 January 10
District court general files #7, 2000 November 3-2004 June 30
District court general files #8, 2008 December 17-2013 December 19
District court general files #9, 2004 February 6-2015 March 6
Masters Tournament - springbreak, 2002 April 8-10
Professional activities, 1980-2015
Scope and Contents
This series comprises draft and final versions of speeches and writings, lesson plans and other curricular materials, research files, notes, correspondence, video tapes, and logistical and planning files that document Judge Heyburn's participation in judicial, professional, and civic events. Occasions include conferences, meetings, workshops, congressional hearings, the annual Law Day, continuing legal education courses, civic education in Louisville high schools, and various speaking engagements.
The majority of materials document activities in which Judge Heyburn participated after joining the federal bench. Activities that took place before his federal judgeship include membership on the Charter Commission for Louisville and Jefferson County, and construction law seminars he conducted for the Kentucky Bar Association's continuing legal education programs.
Speeches, 1992-2015
Scope and Contents
The Speeches subseries comprises draft and final speeches, notes, correspondence, research materials, and logistical and planning files that document Judge Heyburn's speaking engagements before civic groups, professional organizations, and institutions within the Federal Judiciary. Speaking engagements consist of a wide range of events, including a commencement address at the Kentucky Country Day School, training programs for federal court employees, and events organized by the Judicial Panel on Multidistrict Litigation, the Salmagundi Club in Louisville, Ky., the Federalist Society, and the Women Lawyers Association.
Subjects include school desegregation in Louisville, journalist Theodore H. White, the Federal Judiciary's budget, multidistrict litigation, separation of church and state, and the politics of choosing justices for the Supreme Court.
The subseries is organized chronologically by date.
"Introduction" - Sixth Circuit conference, 1996
- Box 30, folder 9
Scope and Contents
Some materials are not digitized due to copyright restrictions.
"Original intent", 1997 Feburary 27
"Maintaining an independent Judiciary - Budgets, Congress and the Executive" - Second Worldwide Common Law Judiciary Conference, 1997 May 28
"Managing for Excellence in the New Courts Service" - Irish Courts Conference, 1997 October 31
"The Judiciary Budget and the Separation of Powers" - The Lawyers Club, 1998 April 1
"Budget Overview for Chief District Judges" - Chief District Judges Conference, 1998 May 4
"Challenges to the Judiciary in the 21st Century" - Federalist Society, 1998 May 20
"The Enduring Constitution: Politics and the Supreme Court" - Milton Academy, 2001 May 4-6
Commencement address - Kentucky Country Day school, 2001 May 31
"Louisville Desgregation Cases and the Promise of Brown v. Board of Education" - The Lawyers Club, 2001 December, 2002 January
"Louisville and Jefferson County School Desegregation Cases" - University of Louisville law class, 2001
"Management in the Judiciary: Rules, Tools, and Tips of Good Stewardship" - Stewardship Training Program, 2002 July 22
"Management in the Judiciary: Rules, Tools, and Tips of Good Stewardship" - Court Unit Executive Training, 2002 August 20
Commencement ceremony - Mazzoli Federal Building, 2002 September 11
"Management in the Judiciary: Rules, Tools, and Tips of Good Stewardship" - Stewardship Seminar, 2003 October 28
"Separating Church and State; Who Done It and Why?" - Salmagundi, 2003 November 20
"Being Faithful to the First Amendment" - Lawyers Club, 2005 September 8
"Portrait Ceremony for Judge Henry L. Brooks" - Western District of KY, 2010 June 11
Keynote address - Class Action Colloquium - Ontario Bar Association, 2010 December 1
"The Education of Henry Adams" - Salmagundi, 2011 April 21
MDL Conference, 2013 May 2-3
"Where We're Going and Where We're Going" - Judicial Panel on Multidistrict Litigation, 2013 December 9
"John Adams", undated
[Speech Index], undated
Writings, circa 1987-2012
Scope and Contents
The Writings subseries comprises draft and published articles, correspondence, and notes regarding articles that Judge John G. Heyburn wrote for academic and popular publications such as the Louisville Courier-Journal, Litigation Magazine, Tulane Law Review, and the Ohio Valley History journal. All but two articles were published after Judge Heyburn joined the federal bench. Subjects include journalist Theodore H. White, District Court Judge Walter Evans, and the Federal Judiciary's multidistrict litigation process.
This subseries is organized chronologically by date.
"A County and the River" - Courier-Journal?, circa 1987
"Redistricting" - Program for the Annual Convention and Judicial Conference, 1991 June 5-8
Louisville Bar Association, 1993 September
"FRCP Amendments", 1993
"Challenges to the Judiciary" - Courier-Journal Forum, 1998 June 21
Eleventh Annual Labor and Employment Law Institute, 1994 June
Courier-Journal Forum, 2005 September 18
"Theodore H. White" - Courier-Journal, 2006, 2010
"A View from the Panel" -Tulane Law Review, 2008
"Evaluating and Improving the MDL Process" - Litigation Magazine, 2012 Summer/Fall
"Walter Evans" - Ohio Valley History, 2012 Winter
Other professional activities, 1980-2013, undated
Scope and Contents
This subseries comprises training files, lesson plans and other curricular materials, logistical and planning files, research materials, correspondence, and notes that document Judge Heyburn's participation in professional and judicial conferences, workshops, dinners, and civic education events. The majority of materials document activities in which Judge Heyburn participated after joining the federal bench.
There are also reports and training files that document two activities in which he participated during his federal judgeship. These consist of membership on the Charter Commission for Louisville and Jefferson County, and construction law seminars he conducted for the Kentucky Bar Association's continuing legal education program.
This subseries is organized chronologically by date.
Construction Law Seminar, 1980 February 15-16
Charter Commission for Louisville and Jefferson County, 1982 May 7
Charter Commission for Louisville and Jefferson County, 1982 August
Charter Commission for Louisville and Jefferson County, 1983 July 26
Construction Law Seminar, 1984 January 20-21
Construction Law Seminar, 1985 September 20-21
Construction Law Seminar, 1987 January 16-17
Construction Law Seminar, 1991 September 26-27
Criminal Justice Symposium - Harvard 25th reunion, 1995 June 6
Federal Court videotape (KBA), 1995
Thurgood Marshall Memorial Dinner - Federal Bar Association, 1995-1996
American Bar Association Symposium, 1998 December 4-5
"First Amendment and the Courts" - Society of Professional Journalists, 1999 March 6
Irish Courts Service Conference, 1999 October 31
Law Day, 2000
Governors and Scholars presentation, 2004 June 30
Judges in the Classroom
KCD History and Politics course - course proposal, 2006
Manual AP History Course
- Box 36, folder Unknown
1 - Introduction and Federalist 78, 2006-2008
2 - Marbury v. Madison, 2006-2008
3 - Dredd Scott, 2006-2008
4 - Lincoln's Cooper Union speech, 2006-2008
5 - Why we study history, 2006-2008
6 - Brown v. Board of Education, 2006-2008
7 - Louisville school case, 2006-2008
8 - Roe v. Wade, 2006-2008
Federal Court Update - Kentucky Bar Association, 2009 December 3
UK law class, 2013 March 27
KCD Exploremore, undated
Video tapes, 1999-2006, undated
Scope and Contents
This subseries comprises VHS tapes that document judicial, professional, and civic activities in which Judge Heyburn participated. Events include: Judge Heyburn's testimony before the Senate Committee on Appropriations as Chairman on the Judicial Conference's Committee on the Budget; an appearance in a KET production marking the 100th anniversary of the Western District Federal Court of Kentucky; and appearances on the Federal Judiciary Television Network (FJTN).
This subseries is organized chronologically by date.
FJTN News Update and In Camera and Judicial Conference, 1999 Spring
FJTN News Update: Law Day 2000 / Teachers Institute, 2000 September 14
The 100th Anniversary of the Western District Federal Courts of Kentucky, 2001
Judiciary's fiscal year 2003 budget hearing, 2002 March 5
Federal Judiciary: fiscal year 2004 appropriations hearing, 2003 March 27
Federal Judiciary: fiscal year 2005 appropriations hearing, 2004 March 11
Students learn about the U.S. Court System: Judge Heyburn, 2006 March 15
CM/ECF: A View from the District Court Bench, undated
Judge John Heyburn - C-Span video, undated
UK Libraries Special Collections Research Center is open Monday to Friday, 9:00am to 4:00pm. Appointments are encouraged but not required. Schedule an appointment here.
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Questions? Contact SCRC via our Contact Form.
Table of Contents
You may come across language in UK Libraries Special Collections Research Center collections and online resources that you find harmful or offensive. SCRC collects materials from different cultures and time periods to preserve and make available the historical record. These materials document the time period when they were created and the view of their creator. As a result, some may demonstrate racist and offensive views that do not reflect the values of UK Libraries.
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UK Libraries Special Collections Research Center is open Monday to Friday, 9:00am to 4:00pm. Appointments are encouraged but not required. Schedule an appointment here.
Researchers must have an SCRC Researcher Account to request materials. View account set-up and use instructions here.
Questions? Contact SCRC via our Contact Form.
Requests
No items have been requested.
You may come across language in UK Libraries Special Collections Research Center collections and online resources that you find harmful or offensive. SCRC collects materials from different cultures and time periods to preserve and make available the historical record. These materials document the time period when they were created and the view of their creator. As a result, some may demonstrate racist and offensive views that do not reflect the values of UK Libraries.
If you find description with problematic language that you think SCRC should review, please contact us at SCRC@uky.edu.
