Via How Appealing comes news of the sudden death of Ninth Circuit Judge David R. Thompson. (I could find no news stories providing details about his death; he was scheduled to preside over oral arguments tomorrow at USD.)
I clerked for Judge Thompson in 1991-92. You’d be hard pressed to find a more decent, thoughtful, smart, judicious, and modest man. As a new law school graduate, I did not know what to expect of a judge from a family of judges down in San Diego, appointed to the federal bench by President Reagan. What I found was first and foremost a mentor—a great teacher about the law and legal practice, who had great patience and a broad knowledge of American law. He gently guided me away from the kinds of rookie mistakes that clerks tend to make; he was effusive in his praise and never raised his voice or lost his cool.
While other judges on the Ninth Circuit loved the limelight, Judge Thompson did not. He was happy to eat a sack lunch at his desk, pouring over briefs and legal materials. He loved the practice of the law, taking each case at one time as he sought to do justice. When my wife, parents, and in laws came to the chambers for a private swearing-in ceremony, he was giddy like a kid showing off his chambers, and about as down-to-earth as you can imagine.
But beneath the aw-shucks exterior was a keen legal mind. Though Judge Thompson certainly had some conservative leanings, he was among the most non-ideological of judges I have ever encountered, and litigants before him were always given a fair shake. He would be willing to listen to both sides and change his mind when appropriate.
I did not stay in regular touch with Judge Thompson, much to my regret. I would have liked to tell him that he remains to this day one of my role models—an unsung hero in the life of the law. We should all miss having him on the bench.