Senior U.S. District Judge Harry Barnes died Tuesday at the age of 86.
Barnes, a universally well-liked man described by many as "larger than life," served as a U.S. District Judge for the Western District of Arkansas from November 1993 to November 2008. Barnes continued to serve on cases in the Western District of Arkansas in senior status capacity until the present. Barnes oversaw cases in the Texarkana, El Dorado and Hot Springs divisions during his tenure.
"They just don't make them like that anymore," said U.S. District Judge Susan O. Hickey, who currently serves in the capacity Barnes once did in the Western District of Arkansas and who served as a law clerk for Barnes during his time as U.S. District Judge.
"He had something that brought out the best in people," Hickey said. "He was what every judge should strive to be."
Hickey recalled Barnes' habit of treating everyone whose path crossed his with dignity and respect. Barnes regularly offered and fetched cups of coffee for criminal defendants before putting on his robe, taking the bench and meting out justice. Hickey said it was the occasional letter from a former criminal defendant who had turned their life around that pleased Barnes most about his work.
"He was a public servant. He wasn't flashy about it, he didn't like recognition, he was just a public servant," Hickey said. "He loved his family and he loved his country."
Retired U.S. District Judge David Folsom remarked on Barnes' affable demeanor as well.
"What a breath of fresh air. He was always in a good mood, cheerful, uplifting," Folsom said. "He was brilliant. He never tried to impress upon anyone how bright he was though. I never heard anyone say a negative word about Judge Barnes."
Folsom served the Eastern District of Texas and held court in Texarkana's unique bi-state federal building on the Texas side, directly across the hallway from a nearly identical courtroom Barnes oversaw on the building's Arkansas side. Federal judges in Texarkana are the only ones in the U.S. who are cross-designated to hear cases in two states. A federal judge must not only be an expert in federal law, but in the state laws applicable in the jurisdictions over which they preside.
U.S. District Judge Robert Schroeder III, who serves the Eastern District of Texas in the capacity Folsom once did and who practiced before Barnes on numerous occasions prior to assuming the federal bench, spoke as well of Barnes' positive influence on others.
"Judge Barnes was a great judge, and I had so much respect for him. He was friendly and welcoming to lawyers, witnesses, jurors and everyone else in and around the courthouse," Schroeder said. "He had high expectations for all, especially the lawyers, and he was a stickler for following the rules, and yet he was always so gracious. He made you want to do your best."
U.S. Magistrate Judge Barry Bryant who worked alongside Barnes for years, practiced before him as a private attorney and who continues to manage civil and criminal cases in the Western District of Arkansas said Barnes' absence will be felt.
"I have known Harry Barnes for the past 29 years. He was without question the best judge I had the pleasure of practicing before and working with as a judge," Bryant said. "Every lawyer and person appearing before him -win, lose or draw -always felt they had been treatd fairly; because they had been. Judge Barnes was a true Southern gentleman and lawyer. I will miss him and we are all a bit lessened by his passing."
Retired FBI Special Agent Randall Harris investigated for 12 years many of the criminal matters that ended up before Barnes, including the case of disgraced evangelist Tony Alamo. Barnes presided over the trial and later sentenced Alamo to 175 years in federal prison.
"He was a gracious, southern gentleman, but left no doubt as to who was in charge of his courtroom," Harris said. "One of my fondest memories was during the time we were gearing up for the Tony Alamo trial. I received a phone call one day from the Western District Court Clerk in Fort Smith. He said, 'Randall, Judge Barnes is being ornery about the security we want to put in place for the Alamo trial. Will you please go speak to him since you are one of the only people he will listen to?' I always look back on that as a matter of pride, that Judge Barnes, a man I admired and respected so much, would value my opinion."
Barnes' equal treatment of all with unwavering humanity is an element of his character mentioned often.
"It was an absolute pleasure to appear in Judge Barnes' court. When he was on the bench he treated everyone, including those who stood accused of serious crimes, with courtesy and respect," said Texarkana lawyer David Carter. "You could always count on being invited into his chambers before or after court, where he would pour fresh coffee and otherwise make you feel at home. As a federal judge he wielded considerable power, but always kept things in perspective. When he sentenced cult leader Tony Alamo he was quick to note that, 'One day you will answer to a higher authority than me.' Judge Barnes was one of a kind, and he will be sorely missed, both as a jurist and a friend."
Texarkana lawyer John Pickett echoed Carter's sentiments.
"The passing of a great man, a great friend and a great judge," Pickett said. "He will be missed both personally and professionally. He was a judge of such great temperament toward any and all people and any and all lawyers who appeared in his court but beyond that great attribute and character trait, he was just a dear friend to our entire family and he will be sorely missed."
Jeff Harrelson, a Texarkana criminal defense lawyer who practiced regularly before Barnes, remembers Barnes as a man of great humor and undeniable charm.
"Judge Barnes was just a great guy -very personable with a great sense of humor," Harrelson said. "Often before court began, he'd come out and chit-chat with us lawyers and our clients, many of whom were surprised that he was their judge when he came back into the courtroom in his robe. We'll all miss him tremendously."
Craig Henry, who practiced often before Barnes before assuming the role of County Court at Law Judge for Bowie County, remembers Barnes as a talented storyteller and values him as a role model.
"Judge Barnes was one of the finest men I have ever met. I truly looked forward to appearing in his court and visiting with him in chambers. He was a great narrator of stories past," Henry said. "On occasion, I was the subject of his yarns which often included different embellishments each time they were told. I'll miss him dearly and each day I'm on the bench, I do my best to emulate him although I know that's an unattainable goal."
Barnes graduated from the U.S. Naval Academy in 1956 and served in the Marine Corps from 1956 to 1961. In 1964, Barnes graduated from the University of Arkansas School of Law. Barnes worked in private practice in his home town of Camden, Ark., from 1964 to 1982.
Barnes served as a municipal judge for Camden and Ouachita Counties from 1975 to 1982. He served as a Circuit Judge for Arkansas' 13th Judicial District from 1982 to 1993.
Information concerning final arrangements for Judge Barnes was not available at press time Tuesday. Continue to visit the Gazette's website for updates.