
As federal judges are often selected by home state senators, and senators tend to choose nominees they have a connection to, partners of the same law firm are occasionally nominated to the same court. In 2013, for example, two partners at the California law firm, Munger, Tolles & Olson, were chosen to fill vacancies on the Ninth Circuit. However, it is more unusual for two partners to be simultaneously nominated for judgeships in different states. The midwestern law firm Frost, Brown, & Todd LLC. achieved this when Nashville partner William L. “Chip” Campbell was tapped for a judgeship a month after Lexington partner Claria Horn Boom.
Background
William Lynn Campbell, Jr., professionally known as Chip, was born in 1969 in Nashville, TN. After getting a Bachelor of Science from the United States Naval Academy in 1991, Campbell joined the United States Marine Corps, serving for seven years. In 1998, Campbell left the Marine Corps to attend the University of Alabama Law School. Campbell served as Editor-in-Chief of the Alabama Law Review and graduated magna cum laude in 2001.
After graduating, Campbell joined the Birmingham office of Maynard, Cooper, & Gale, P.C. In 2003, Campbell left Maynard, moving to Nashville, and joining Riley, Warnock, & Jacobsen, PLC. as an associate. Campbell became a member at Riley Warnock in 2010.[1]
In 2011, Campbell moved to the Nashville Office of Frost, Brown, & Todd LLC. as a partner. He currently practices in the firm’s business litigation practice. He was nominated for a seat on the federal bench on July 13, 2017.
History of the Seat
Campbell has been nominated to fill a vacancy on the U.S. District Court for the Middle District of Tennessee. This vacancy opened on April 15, 2017, when Judge Kevin Sharp left the bench. Sharp, an Obama appointee, was only 54, but resigned his judgeship based on his dissatisfaction with mandatory minimum sentencing laws, arguing that he could not continue to impose unjust sentences.[2]
For his part, Campbell expressed his interest in a district court appointment in November 2016, shortly after the election of President Trump. From November 2016 to March 2017, Campbell communicated with the staff of Sens. Lamar Alexander and Bob Corker. Campbell met with the White House Counsel’s Office on March 28, 2017. His nomination was officially submitted to the Senate on July 13, 2017.[3]
Legal Experience
Campbell began his legal career in Alabama, litigating labor, tort, and employment cases. Notably, Campbell was on the legal team defending a coal company against tort claims filed by the widow of a worker killed in a mining accident.[4]
After moving to Nashville to work at Riley Warnock, Campbell changed his focus to business litigation, representing corporations in contract, tort, intellectual property, and regulatory actions. He served as associate counsel in a copyright infringement suit against a karaoke company.[5] He also successfully defended a check verification company against a Fair Credit Reporting Act lawsuit.[6]
In 2011, Campbell moved to Frost Brown Todd as a partner. In that capacity, Campbell handled class actions, antitrust, and fraud claims. He also represented the City of Chattanooga in a lawsuit challenging the city’s telecommunications regulations.[7]
Scholarship
Since his student days, Campbell has analyzed statutes, policy and jurisprudence in scholarly articles. As a law student at the University of Alabama, Campbell published a student note titled “Moving Against the Tide: An Analysis of Home School Regulation in Alabama.”[8] In the note, Campbell analyzed the regulation of homeschooling through the lens of constitutional rights. Specifically, Campbell concluded that, under Supreme Court, there is no fundamental constitutional right to an education, although the Supreme Court has recognized a parent’s fundamental right to direct their child’s education.[9] Campbell went on to criticize Alabama’s disparate treatment of homeschooling depending on whether the home school program is affiliated with a church or not.[10] He recommended that the state relax its certification standards for home school teachers, instead focusing on educational outcomes through student testing.[11]
As a young lawyer at Maynard, Campbell authored an article explaining Alabama statutes governing co-employee liability for workplace injuries.[12] In the article, Campbell explained that Alabama treats co-employee liability extremely narrowly and that “co-employee claims are generally difficult for plaintiffs to win.”[13]
One unusual topic of Campbell’s more recent writings is drones. Specifically, Campbell has written extensively on the potential use and regulation of commercial drones.[14] In these articles, Campbell generally argues for the greater use of drones, noting their potential for medical and police uses.[15] Campbell also dismisses privacy concerns raised due to the extensive use of drones, noting that there is no “reasonable expectation of privacy in areas that are visible from the air.”[16]
Campbell also maintains a Twitter account. This account generally focuses on articles and commentary on drone usage and regulations.
Overall Assessment
Generally, district court nominees don’t draw opposition unless they have a history of activism, a controversial paper trail, or serious ethical issues. Campbell has none of these. His apolitical background and lack of a judicial paper trail should keep most critics off his back. Campbell may draw some criticism for his writings on drone technology, but such criticism is unlikely to overcome his strong academic credentials and balanced legal experience. Even the American Bar Association agrees, rating Campbell “Well Qualified” for a federal judgeship.
[1] The Alabama Lawyer, Department: About Members, Among Firms, 71 Ala. Law. 251 (May 2010).
[2] Stacey Barchender, Why Federal Judge Kevin Sharp Left the Bench in Nashville, Tennessean, Apr. 17, 2017, http://www.tennessean.com/story/news/2017/04/17/why-federal-judge-kevin-sharp-left-bench-nashville/100419782/.
[3] Press Release, President Donald J. Trump Announces Fifth Wave of Judicial Candidates (on file at www.whitehouse.gov) (July 13, 2017).
[4] Ex Parte Walter Indus. Inc., 879 So.2d 547 (Ala. 2003).
[5] Zomba Enterprises, Inc. v. Panorama Records, Inc., 491 F.3d 574 (6th Cir. 2007).
[6] Holmes v. TeleCheck Intern. Inc., No. 3:05-0633 (M.D. Tenn.) (Judge Campbell).
[7] Zayo Group LLC. v. The City of Chattanooga, No. 1:16-cv-00466 (E.D. Tenn.) (Judge Reeves).
[8] William L. Campbell, Jr., Moving Against the Tide: An Analysis of Home School Regulation in Alabama, 52 Ala. L. Rev. 649 (Winter 2001).
[9] See id. at 652-54.
[10] See id. at 658-59.
[11] Id. at 672.
[12] William L. Campbell Jr., Kevin W. Patton, Alabama Code § 25-5-11: A Narrow Cause of Action Against Co-Employees, 64 Ala. Law. 38 (January 2003).
[13] Id. at 47-48.
[14] See, e.g., Chip Campbell, What is All the Buzz About Drones, Linkedin Pulse, Jan. 29, 2016, https://www.linkedin.com/pulse/what-all-buzz-drones-chip-campbell?trk=mp-reader-card.
[15] See Chip Campbell, Where Can Drones Do Some Good (And Gain Community Acceptance)?, Linkedin Pulse, Feb. 16, 2016, https://www.linkedin.com/pulse/where-can-drones-do-some-good-gain-community-chip-campbell?trk=mp-reader-card.
[16] Chip Campbell, Does Drone Technology Present New Threats to Privacy, Linkedin Pulse, March 17, 2016, https://www.linkedin.com/pulse/does-drone-technology-present-new-threats-privacy-chip-campbell?trk=prof-post.
Pingback: Thoughts on the Sept. 6th Judiciary Committee Hearing | The Vetting Room