By Joy Hampton
September 29, 2009 — Chief Judge Robert Henry of the U.S. Court of Appeals for the 10th Circuit has traveled the world, but he has not forgotten his native state. Today he was honored by Rogers State University for his strong commitment to the principles of the U.S. Constitution through his life’s work.
“My dad was a war hero and he had three purple hearts,” said Henry. “When he came back from Europe, he changed his life. He wanted to be a lawyer. He’d seen the absence of law. He liberated a concentration camp.”
Henry’s father became a “celebrated county attorney” who strongly believed in “innocent until proven guilty.”
“I got really good civics lessons from him,” said Henry.
Born and raised in Shawnee, Henry grew up as a fairly normal Oklahoma kid. His mother loved music and was a staunch Southern Baptist.
“She thought if the church was open, you were there,” he said.
Shawnee is a university town and was a great place to grow up, said Henry. Home to Oklahoma Baptist University and St. Gregory’s University, the town benefits from the Southern Baptist and the Roman Catholic traditions that are represented intellectually in the community through those institutions.
With those influences and his father’s example, it’s no wonder he grew up interested in politics and law.
Henry attended the University of Oklahoma where he achieved first an undergraduate degree then a law degree.
Shortly after attaining his law degree, Henry was elected to serve in the Oklahoma House of Representatives. During his decade of service as a state legislator, he said he developed a passion for Oklahoma history.
Henry next served as the Oklahoma Attorney General from 1987 until 1992, then as Dean of the Oklahoma City University School of Law for two years.
“Everything I’ve done, I have learned from,” he said.
In 1994, President Bill Clinton nominated him to the U.S. Court of Appeals for the 10th Circuit. For the past year he has served as Chief Justice of the 10th Circuit.
Judge Sandra Day O’Connor appointed him to the Advisory Board for the Judicial Outreach Program. His involvement with the American Bar Association’s Rule of Law Initiative has taken him around the world. Chief Justice William Rehnquist named him chair of the International Judicial Relations Committee.
Henry had to relinquish some of those responsibilities when he took over as Chair of the10th Circuit Court of Appeals, but he continues as Chair of the ABA’s Middle East/North Africa Council. Henry has been honored by the State Department’s Bureau of International Information Programs and by the Russian Council of Judges.
Henry believes strongly in the U.S. Constitution and believes the Constitution’s framers were wise in leaving it general enough to adapt to cultural needs over the course of time.
“The Constitution isn’t supposed to answer all questions,” said Henry. “Our framers realized, ‘let’s sort of talk in general terms here.’”
Through his involvement with the Rule of Law Initiative, he has worked toward international stability and human rights. In its simplest form, the rule of law means no one is above the law.
“The number one thing about the rule of law, the number one problem, is even the government must follow the law,” said Henry.
Governments and dictators who violate human rights see themselves above the law. Even those that are well-intentioned can lose focus.
“One of the greatest human failings is the intense desire to appoint your successor,” said Henry.
Law allows for impartiality and that impartiality must be embodied by an independent judiciary.
“The law has an answer. It’s not an easy answer,” said Henry. “We judges do law. We don’t do justice.”
A judge must be bound by the law, but “when law and justice take different paths” society must look at reconciling the law, said Henry.
As a member of the U.S. judiciary, Henry has had golden opportunities to make a difference in the world through international outreach.
“The United States is a relatively young country, but we have the oldest independent judiciary in the world,” said Henry. “Independence allows impartiality.”
During the years of politics, Henry was a Democrat. As a judge he is to be bipartisan and unbiased. Over the years, he said he has come to respect members of both parties who are “independent, thoughtful people.” Judge O’Connor exemplifies that model.
“You never really knew how her opinions were going to come out,” he said. “And you shouldn’t know.”
Another great Republican, Henry said he respects is Henry Bellmon, the 23rd governor of Oklahoma. Among the Democrats, Henry named Carl Albert and David Boren.
