334 State
Judicial Bldg. 40 Capitol
Square Atlanta, GA
30334 (404)
656-3450
A.W. Birdsong, Jr.,
1925-1998
Court Service: 1977-1998 Chief
Judge: 1987-1988
Judge A. W. "Buck"
Birdsong, Jr. was born on January 30, 1925 in LaGrange, Troup
County, Georgia to A. W. Birdsong, Sr. and Bessie Viola Cofield
Birdsong. Judge Birdsong's family first settled in Troup County in
1826, and he kept his home there all his life.
Judge Birdsong
graduated from LaGrange High School in 1942, and attended Marion
Military Institute, Georgia Military Academy and the United States
Military Academy at West Point. This military training served as the
foundation for his 39 months of service as a sergeant in the U. S.
Army combat engineers.
Judge Birdsong returned to Georgia for
his legal education, receiving his L.L.B. from the University of
Georgia in 1951. During law school, he served as Chief Justice of
the Phi Alpha Delta legal fraternity, was a member of the Honor
Court and joined the Phi Delta Theta social fraternity. Judge
Birdsong also taught History and Business Law at the University of
Georgia Off-Campus Division at Ft. Benning, Georgia from
1952-1954.
Judge Birdsong went home to practice law, forming
the firm of Richter & Birdsong in 1955. In his 26 years of
practice, Judge Birdsong earned a reputation as a talented and
successful trial attorney. Although he specialized in insurance
defense work, he handled a variety of cases, from pro bono criminal
cases to complicated civil matters. In the early 1970's, Judge
Birdsong had a string of notable successes representing local
landowners opposing the condemnation values placed on their property
during the construction of West Point Lake.
At the age of 33,
Judge Birdsong became the youngest juvenile court judge in Georgia
when he was appointed to the Troup County Juvenile Court in 1958 by
Superior Court Judge Samuel Jefferson Boykin. He continued to hold
that position until 1976, and during that period refused any raise
in pay, asking that the money instead be used to pay and hire
probation officers. He also instituted a program using college
students as part time probation officers, the first of such programs
in the state.
Judge Birdsong's youngest daughter recently
noted that he took his personal motto from the Scottish philosopher
Thomas Carlyle: "Sic vos non vobis." This phrase is translated, "Not
for ourselves, but others." Judge Birdsong exemplified this motto
not only in his professional life, but also through his numerous
civic commitments. He was a long-time member of the First Baptist
Church of LaGrange where he served as the chairman of the board of
deacons. He was a past president of both the LaGrange Lions Club and
LaGrange Jaycees and a member of both the Moose and Elks Clubs. In
addition to serving as a member of the Downtown Development
Authority of LaGrange, he was a chairman on the board of
stockholders of the Highland Country Club and also served as
attorney and organizer for the Chattahoochee Art Association.
Additionally, Judge Birdsong served as trustee for Tift College and
Camp Viola, Inc.
Judge Birdsong was also a former chairman of
the Democratic Committee of Troup County. He was one of the
co-founders of the LaGrange Development Authority, the LaGrange
Academy and the Peoples Bank of LaGrange (later Trust Company Bank
of Troup County, where he served as Chairman of the Board of
Directors). He also served on the Board of Directors for SunTrust
(Columbus) Georgia.
Judge Birdsong's tradition of service
continued when in 1977 he left a successful and lucrative trial
practice to join the Court of Appeals of Georgia. He was appointed
by Governor George Busbee to fill the vacancy left when Justice
Thomas O. Marshall was appointed to the Supreme Court of Georgia.
Judge Birdsong held his position on the Court for 21 years, serving
two tenures as Presiding Judge, from 1984 to 1986 and from 1990 to
1998. He also served as Chief Judge of the Court from
1987-1988.
Potter Stewart once described the most important
judicial traits as "quality and competence and temperament and
character and diligence." Judge Birdsong had all of these. He was
one of the strongest and most effective judges on the Court of
Appeals. He was firm in his opinions and could express himself
clearly and forcefully in trying to persuade others to his
viewpoint. But his strong personality and his firm beliefs were
combined with an engaging manner that allowed him to serve as
conciliator when needed. Moreover, his strong beliefs did not make
him inflexible. He could always see the other person's point of
view, even if he did not agree with it. And in the face of
well-researched and well-reasoned legal arguments contrary to his
position, he could be persuaded to change his view of a case. Judge
Birdsong also was a diligent worker, with a rigorous sense of
discipline, honed during his years of military training. All of
these qualities are important in any judge, but they were invaluable
in getting things done on a busy, multi-judge court like the Court
of Appeals of Georgia.
During his tenure on the Court, Judge
Birdsong served as a member of the American Bar Association's
Committee on Continuing Appellate Education and as chairman of the
Institute for Continuing Judicial Education. In these positions,
Judge Birdsong helped develop educational programs used by appellate
judges throughout the nation. In addition, he was a member of the
Judicial Council and a chairman of the Appellate Settlement
Conference Committee.
Judge Birdsong's numerous professional
and academic affiliations included the American Bar Association, the
State Bar of Georgia, Troup County Bar Association (past president),
the Coweta Bar Association (past president), the American Judicature
Society, the Fellows of the American Bar, the Georgia Bar
Foundation, Lawyers Club of Atlanta, Old Warhorse Lawyers Club, West
Point Society of Atlanta, and the Gridiron Secret
Society:
Judge Birdsong announced his retirement from the
bench just a few months before his death on June 6, 1998. He planned
to return to LaGrange and become of counsel to his old law firm, now
Richter, Birdsong, Willis & Keeble, P.C. He wanted to keep his
hand in the legal field, working part-time without pay to give him a
flexible schedule. But his primary focus was to be on his two great
personal passions: his family and golf.
In light of Judge
Birdsong's full and successful professional, civic and private life,
it is only fitting that the State Bar chose to honor him with the
1998 Tradition of Excellence Award. It is of some comfort to his
friends and colleagues to know that Judge Birdsong knew of this
final honor before his death.