{{Short description|American judge (1886–1964)}} {{distinguish|text=the English politician James Brande}} {{Infobox officeholder | name = James Tenney Brand | image = James T Brand.PNG | caption = | office = 31st Chief Justice of the Oregon Supreme Court | term_start = 1951 | term_end = 1953 | nominator = | appointer = | predecessor = Hall S. Lusk | successor = Earl C. Latourette | office2 = 61st Justice of the Oregon Supreme Court | term_start2 = 1941 | term_end2 = 1958 | nominator2 = | appointer2 = Douglas McKay | predecessor2 = Henry J. Bean | successor2 = Kenneth J. O'Connell | birth_date = {{birth date|1886|10|9}} | birth_place = | death_date = {{death date and age|1964|2|28|1886|10|9}} | death_place = Phoenix, Arizona | spouse = Irene Morley }} '''James Tenney Brand''' (October 9, 1886 – February 28, 1964) was the 31st Chief Justice of the Oregon Supreme Court, serving in that role from 1951 to 1953. While serving on court from 1941 to 1958 his service was interrupted when he was chosen to be a judge on a military tribunal adjudicating Nazi war crimes after World War II.
==Early life== James Tenney Brand was born in Oberlin, Ohio, on October 9, 1886.<ref name="Oregon">Corning, Howard M. ''Dictionary of Oregon History''. Binfords & Mort Publishing, 1956.</ref> Brand graduated from Oberlin High School in Oberlin in 1905.<ref name="obit">[http://www.oberlin-high.org/obits/ohs_obits_bn-bz.html Oberlin High School: obituaries. From ''The New York Times'', February 29, 1964.]</ref> Next he graduated from Oberlin College in 1909, followed by Harvard Law School where he graduated in 1914.<ref name="Oregon" /> After graduation Brand worked for the U.S. Forest Service when he moved to Oregon.<ref name="Oregon" /> In 1916 he married Irene Morley.<ref name="Oregon" />
Once in Oregon he was in private practice in Coos Bay, Oregon, before serving as the city attorney for Marshfield, Oregon, (now called Coos Bay) from 1917 to 1927.<ref name="Oregon" /> Brand was then appointed as a Circuit Judge in Marshfield, Oregon, located in the southwestern section of the state.<ref name="oregonian">Ted Mahar. STATE'S FIRST ELECTED WOMAN D.A. DIES. ''The Oregonian'', November 3, 1996.</ref> He served for 14 years in that position.<ref name="obit" /> He was living in Marshfield in 1936 when he attended the funeral of John H. McNary.<ref>[http://www.open.org/pioneerc/pg30.html Salem Pioneer Cemetery]</ref>
==Judicial career== Brand was appointed to the Oregon Supreme Court on May 14, 1941<ref name="OSC">[https://sos.oregon.gov/blue-book/Documents/elections/history-officials.pdf Oregon Blue Book: Earliest Authorities in Oregon - Supreme Court Justices of Oregon]</ref> by Oregon Governor Charles A. Sprague.<ref>[https://sos.oregon.gov/archives/Pages/records/governors_guides.aspx Oregon State Archives: Governor's Records Guides]</ref> Brand replaced Henry J. Bean, who had died in office on May 8, 1941.<ref name="OSC" /> Then, in 1942, Justice Brand received a full six-year term after winning the election.
In 1947 Justice Brand was appointed by the War Department to the War Crimes Tribunal to be convened in Germany after World War II.<ref>[http://records.sos.state.or.us/ORSOSWebDrawer/Record?q=recTitle:snell+And+recNumber:APD%2a&sortBy=recCreatedOn- Oregon State Archives: Governor Earl W. Snell Administration - Inaugural Message 1947]</ref> There he was one of four judges of Nazi War Crimes at the Judges' Trial, the third in a set of twelve trials collectively known as the Subsequent Nuremberg Trials. The trial began in March 1947<ref>[http://www.mazal.org/archive/nmt/03/NMT03-T0031.htm Mazal Library: OPENING STATEMENTS]</ref> with Brand as a member of a three-person Military Tribunal, but on June 19, 1947, he became the Presiding Judge when Carrington T. Marshall resigned for health reasons.<ref>[http://www.mazal.org/archive/nmt/03/NMT03-T0013.htm Mazal Library: NUERNBERG MILITARY TRIBUNAL: Volume III: MEMBERS OF THE TRIBUNAL]</ref>
After returning from Germany he resumed his position on Oregon's highest court.<ref name="OSC" /> James Brand won re-election in both 1948 and 1954.<ref name="OSC" /> In between elections he was chosen by his fellow justices to serve as chief justice from 1951 to 1953.<ref name="OSC" /> Justice Brand resigned his position on the bench on June 30, 1958.<ref name="OSC" />
==Later life and family== After retiring from the court Brand became a professor at Stetson University College of Law in Florida.<ref>{{Cite web |url=http://www.law.stetson.edu/lawrev/vause.pdf |title=W. Gary Vause. ''Foundations for excellence-The history of Stetson University College of Law'' |access-date=2007-04-20 |archive-url=https://web.archive.org/web/20070930015053/http://www.law.stetson.edu/lawrev/vause.pdf |archive-date=2007-09-30 |url-status=dead }}</ref> Justice Brand died in Phoenix, Arizona, while on vacation on February 28, 1964, at the age of 77.<ref name="obit" /> He was survived by his wife Irene Morley and his son Col. Thomas Brand who served in the Judge Advocate General Corps.<ref name="obit" /><ref>{{Cite web |url=http://oregonstate.edu/dept/ncs/newsarch/2001/Apr01/holo.htm |title=OSU News: OSU to observe Holocaust Memorial Week |access-date=2007-04-20 |archive-url=https://web.archive.org/web/20060914012850/http://oregonstate.edu/dept/ncs/newsarch/2001/Apr01/holo.htm |archive-date=2006-09-14 |url-status=dead }}</ref>
==Other== *Speaker at: Postwar problems of the Pacific and world organization, held in March 1944.<ref>''The Far Eastern Quarterly'', Vol. 4, No. 1. (Nov., 1944), pp. 78–80.</ref> *In the movie Judgment at Nuremberg starring Spencer Tracy, Tracy’s character is modeled after Brand.<ref>{{Cite web |url=http://oregonstate.edu/dept/holocaust/program/ |title=Oregon State University: HOLOCAUST MEMORIAL 2007 Events |access-date=2007-04-20 |archive-url=https://web.archive.org/web/20070425062440/http://oregonstate.edu/dept/holocaust/program/ |archive-date=2007-04-25 |url-status=dead }}</ref> *Hattie Bratzel Kremen the first women in Oregon elected as a district attorney served as Justice Brand’s personal secretary and court reporter, even accompanying him to Germany.<ref name="oregonian" /> *Authored: ''The Insanity Defense'', 9 Ore. L. Rev. 309 (1930) *Authored: ''Montesquieu and the Separation of Power'', 12 Ore. L. Rev. 175 (1933) *Authored: ''Crimes against humanity and the Nürnberg trials'', 28 Ore. L. Rev. 93 (1949)
==Decisions authored== *''Mutzig v. Hope'', 176 Or. 368, 158 P.2d 110 (1945) (jurisdiction, venue) *''Marsh v. McLaughlin'', 210 Or. 84, 309 P.2d 188 (1957) (torts)
==External links== *[https://web.archive.org/web/20061222143041/http://homepage.ntlworld.com/jksonc/bancoult_v_mcnamara.html Bancoult v. McNamara] *[http://www.ushmm.org/wlc/article.php?lang=en&ModuleId=10007073 Subsequent Nuremberg Meetings]
==References== {{Reflist}}
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{{DEFAULTSORT:Brand, James T.}} Category:People from Oberlin, Ohio Category:1886 births Category:1964 deaths Category:Oberlin College alumni Category:Harvard Law School alumni Category:People from Coos Bay, Oregon Category:Chief justices of the Oregon Supreme Court Category:Judges of the United States Nuremberg Military Tribunals Category:Stetson University College of Law faculty Category:20th-century Oregon state court judges Category:Oregon city attorneys Category:Justices of the Oregon Supreme Court