Houston Chronicle

‘Even-keeled’ litigator set to be confirmed for lifetime post to Houston federal court

Conservati­ve is among 20 Texans picked by Trump

- By Gabrielle Banks STAFF WRITER

Attorney Charles R. Eskridge III is wonky enough to have matched historical documents with every song in the Broadway musical “Hamilton” for a lecture he gives periodical­ly around the legal community.

He has also amassed the requisite 21st-century courtroom skills to have ascended — fairly unscathed — to the brink of a lifetime seat on the federal bench.

This week, Eskridge, a complex commercial litigator who is active in the conservati­ve Federalist Society, is poised to win Senate confirmati­on to a judgeship in the Southern District of Texas, which handles the second-busiest criminal docket in the country and a bustling civil caseload reflecting the region’s proximity to the Texas Medical Center, the Port of Houston, the petrochemi­cal industry and the border.

Eskridge’s nomination has not raised the hackles of liberal activists who have packed the halls outside of the Senate Judiciary Committee to oppose more-controvers­ial picks by President Donald Trump. His brief confirmati­on in June — following a contentiou­s hearing for a circuit nominee — involved a single softball question from U.S. Sen. Lindsey Graham, the panel’s chairman. The Re

publican-controlled Senate is scheduled to take a key procedural vote on Eskridge and three other nominees Tuesday. He is among 20 Texans whom Trump has tapped for lifetime seats on the bench.

Eskridge, 56, of Memorial, has never served as a judge. If approved, he will occupy the Houston-based seat vacated in December when U.S. District Judge Gray H. Miller took senior status, a form of semiretire­ment that allows for a lighter caseload. Republican leaders are mounting a vigorous push to place conservati­ve jurists at every level of the judiciary, which legal experts say could be the most enduring legacy of the Trump administra­tion.

The Federalist Society, a Washington D.C.-based advocacy group with local chapters around the country, has played a vital role in this effort. Eskridge was president of the group’s Houston chapter and has been a member for 15 years. The group is devoted to “originalis­t” interpreta­tions of the Constituti­on that don’t afford latitude for modern concepts such as marriage equality, affirmativ­e action and reproducti­ve choice. According to its website, the organizati­on believes it is “emphatical­ly the province and duty of the judiciary to say what the law is, not what it should be.”

Leonard Leo, the group’s executive vice president, has been a key judicial adviser to Trump since his campaign days, providing the billionair­e businessma­n with a list of preapprove­d judicial picks and then aiding in the selection and confirmati­on of Neil Gorsuch and Brett Kavanaugh to the Supreme Court. In the 2000s, Leo lobbied thenPresid­ent George W. Bush to nominate John Roberts as chief justice and Samuel Alito as associate justice.

‘Always labored hard’

So far, the Trump administra­tion has made 153 lifetime confirmati­ons to the bench, according to an aide to U.S. Sen. John Cornyn.

Lena Zwarenstey­n, who runs a program on fairness in the courts at the Leadership Conference on Civil and Human Rights, said a number of Trump’s picks have been worrisome, with nominees staking out extreme positions on reproducti­ve rights and marriage equality or declining to state whether they consider the landmark Brown v. Board of Education decision ending school segregatio­n to be a legal precedent.

“They’re simply unqualifie­d — not only because many of them lack trial experience, but because they have such deeply held beliefs or biases or they have led voter suppressio­n efforts,” she said. “There have been so many extreme nominees, and because of the massive amount, many have been confirmed.”

Eskridge told the judiciary committee in June that he had a broad array of practical experience to prepare him for the post.

“I have represente­d plaintiffs and defendants … corporatio­ns and individual­s. I always labored hard to figure out what the correct answer under the law is and to work on the litigation to build the facts,” he said.

Eskridge declined an interview request from the Houston Chronicle but provided answers to emailed questions through a spokesman.

As a conservati­ve white man, Eskridge generally fits the bill for a Trump judicial pick, Zwarenstey­n said. Her organizati­on does not oppose Eskridge’s nomination, and the American Bar Associatio­n unanimousl­y rated him as “well qualified” for the job.

Eskridge has been active in Texas politics, serving on the finance committees of Texas’ two Republican senators, Cornyn and Ted Cruz, who jointly recommende­d his nomination for the Houston vacancy.

Still, Eskridge is not a cookie-cutter conservati­ve. He began his career clerking for Supreme Court Justice Byron White, a centrist who was appointed by President John F. Kennedy.

He worked pro bono on behalf of Anthony Graves, a former death row inmate who was exonerated after 18 years in prison, to get the prosecutor on the case disbarred for ethical and profession­al rule violations.

Eskridge has also represente­d captains of industry, including Lehman Brothers Internatio­nal in Europe in the wake of the financial crisis. Between his work as a founding partner at Houston’s Quinn Emanuel Urquhart & Sullivan, LLP and at Susman Godfrey LLP, where he worked for nearly two decades, he has tried 15 cases, including an internatio­nal arbitratio­n. He has logged appearance­s before seven of the federal judges who serve in the Houston courthouse.

Several colleagues say Eskridge is highly qualified for a federal judgeship.

“It’s as if the framers had groomed the perfect judge: an academic scholar with a successful private practice who has represente­d plaintiffs and defendants in civil and criminal cases,” said attorney David Gerger, who knew Eskridge at Quinn Emanuel and now runs his own boutique white- collar practice.

Harris County Commission­er Rodney Ellis, a Democrat who worked with Eskridge on a state panel dedicated to the exoneratio­n process, called him “very diligent, thoughtful and sensitive.”

“He has stayed in touch with Anthony Graves and has said that case had a significan­t impact on his understand­ing of the trauma a wrongful conviction has on an individual and their loved ones,” Ellis said. “He is a conservati­ve, but I am hopeful his experience with Graves will inspire him to be a good judge in criminal matters.”

Neal Manne, a law partner who recruited Eskridge to Susman Godfrey, said Eskridge can rise above the partisan fray.

“I have the opposite of reverence for Cornyn, Cruz and the Federalist Society,” said Manne, who has been a key player in the case to overhaul Harris County’s bail practices, which a federal judge found to be discrimina­tory. “I don’t think his approach will be political or ideologica­l. He’s committed to the rule of law, committed to getting it right and will be an absolutely intellectu­ally honest judge.”

Other colleagues described Eskridge as “evenkeeled,” thoughtful and discipline­d with “intellectu­al firepower.”

“He has this uncanny ability to boil things down to their essential element in an understand­ing and persuasive way,” said Shawn Raymond, another former colleague.

Yvonne Ho met Eskridge as a summer clerk at Susman Godfrey and recruited him to be an adjunct professor at the University of Houston Law Center. He has taught there for 12 years on the federal courts and the origins of the Constituti­on.

He also has a theatrical bent, said David Beck, who starred in a skit that Eskridge directed for the American Inns of the Court, a bench bar group. Eskridge donned 17th-century garb to play Sir Edward Coke, a barrister and judge who was an early proponent of the rule of law.

The performanc­e featured a song about the Magna Carta that Eskridge penned to the tune of Don McLean’s “American Pie.”

Eskridge served for a decade on the federal judicial committee that interviewe­d Texas candidates for vacancies before resigning to put his own name in the hat.

Born in Cleveland, Eskridge moved to Houston with his family at age 11. He graduated magna cum laude from Trinity University in San Antonio and was law school valedictor­ian and editor of the law review at Pepperdine University in southern California, where classmates knew him as “Trey” (because he’s Charles Eskridge III).

After clerking for a California supreme court judge and for the the chief judge of the 5th U.S. Circuit Court of Appeals, Eskridge became the first Pepperdine law graduate to clerk at the U.S. Supreme Court.

“It’s freakishly rare to get that sort of opportunit­y,” said David Meyer, another clerk of the late Justice White, who went on to become dean of Tulane School of Law. “It’s a lighting strike event in your life.”

Meyer and Eskridge both went on to land jobs in the Netherland­s on the IranU.S. Claims Tribunal, which resolved legal disputes related to the Iranian revolution.

‘Calming voice’

Eskridge’s wife, Monica, is a graphic designer and he has three children, — a daughter who is an analyst at Bain & Company in Dallas, a daughter in the eighth grade and a son in fifth.

His colleague Chris Porter said what sticks with him about Eskridge is how measured he is even when things get heated in a case.

“He’s that calming voice in the storm,” Porter said.

 ?? Courtesy ?? Charles Eskridge III testifies before a Senate panel at his confirmati­on hearing.
Courtesy Charles Eskridge III testifies before a Senate panel at his confirmati­on hearing.

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