James Bryan McMillan
How Judge McMillan rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge McMillan no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge McMillan decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In the Swann proceedings, McMillan emphasized that constitutional compliance was measured by results rather than attachment to any particular administrative plan.
“The test is not the method or plan, but the results.”
Procedural preferences
In the Swann fee order, McMillan explained that he deliberately chose a conservative award even though the larger request would have been reasonable.
“An award of fees in that amount would be reasonable, but I would prefer to err on the conservative side in dealing with any fee question”
Cautions
In Hoke, McMillan withdrew from the case to protect public confidence even though he found no actual conflict or impropriety.
“The integrity of the court as a public institution, as seen even through the anxious eyes of litigants, is far more important than any opinion of mine.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The defendant is directed to submit by May 15, 1969, a plan and a time table for the active desegregation of the pupils, to be predominantly effective in the fall of 1969 and to be completed by the fall of 1970.”
“The motion of the individual defendants to dismiss is denied.”
“No citations for contempt are made.”
“The board is directed to proceed no further with action on Metropolitan High School pending a showing by the board that the school if constructed will be adequately desegregated and a finding by the court to that effect.”
“decision on the request for injunction against projects other than Metropolitan will be delayed pending further study of the evidence.”
“The proposals of the Board for restructure of attendance lines; for consideration of pairing and grouping schools; for review of the construction programs; and for support programs, student exchange and faculty orientation are approved in principle, although for lack of specific detail and time table they are not approved as presented.”
“The November 17 plan entitled ‘AMENDMENT TO PLAN FOR FURTHER DESEGREGATION OF SCHOOLS’ is disapproved.”
“Action on the motion of plaintiffs for an order directing immediate desegregation of the entire system is deferred.”
“Further orders with reference to restraining construction and enlargement of schools are deferred.”
“Action on the contempt citation is deferred.”
“Subject to the above, the Board’s pupil assignment plan for senior high school pupils is approved, with one exception.”
“Although the Board junior high school plan is inferior in design and results to Dr. Finger’s plan, it is a purely ‘home grown’ product and the court would like to approve it, if it can be brought into compliance with law by desegregating Piedmont Junior High School, and by adding transportation as above indicated, and by increasing the black attendance at several outlying schools.”
“The Board’s plan for elementary schools, illustrated by exhibits G and H, cannot be approved”
“The School Board are authorized to prepare an appropriate pupil assignment plan and use the minority plan for elementary school desegregation instead of the comparable portions of the plan previously ordered by the court, if they so elect.”
The available opinion text contains McMillan's findings but ends before any judgment or dispositive order, so no outcome is classified.
“the defendants may, if they wish, use their proposed amended ‘feeder plan’ provided it is modified in a nondiscriminatory way”
“The further relief sought by plaintiffs and by the intervenors is denied”
“operation of the schools for 1971-72 under the- revised feeder pupil assignment plan as now working is approved”
“The method proposed by defendants for the initial choice of students for attendance at West Charlotte High School and Harding High School is approved.”
“Under the terms above described, the guidelines, policies and plan are approved.”
“The court finds that counsel for plaintiffs are entitled to a fee of $175,000.00 which is reasonable for the services rendered to date, and directs that $175,000.-00, plus expenses of $29,072.33, be paid by defendants as part of the costs of this' action.”
Caseload & timing
From public federal docket records for this judge.
The fixed five-docket sample included insurance, civil-rights, prisoner, and employment matters. All five cases were terminated, but none had an electronic entry stream, so only case durations and administrative closing categories could be summarized.
A historical record
Judge McMillan no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.