Thursday, September 18, 2025
Judge Howard for Journal
Judge Malcolm J. Howard Posthumously Receives John B. McMillan Distinguished Service Award
On September 18, 2025, the North Carolina State Bar posthumously honored the late Judge Malcolm J. Howard with the John B. McMillan Distinguished Service Award. State Bar President Matthew Smith presented the award to Judge Howard’s family, represented by his son, Josh Howard, his wife Dana, and his grandson, Caleb Howard, celebrating a lifetime dedicated to justice, integrity, and mentorship.
Judge Howard, who passed away on January 12, 2025, exemplified the qualities the McMillan Award seeks to recognize. Born in Kinston, North Carolina, in 1939, he grew up in a strong, faithful family that instilled pride, discipline, and service. He graduated from the United States Military Academy at West Point in 1962, where he was a lacrosse player on the 1961 National Championship team and known as a loyal classmate and teammate. Following graduation, he served as a U.S. Army officer, completing two tours in Vietnam.
After his military service, Judge Howard earned his law degree from Wake Forest University School of Law in 1970, gaining admission not only on the strength of his academic credentials but also for his leadership and character. While serving in the 82nd Airborne Reserves to support himself, he was elected President of the Student Bar Association. He passed the Bar exam in 1970 and began his legal career as a Federal prosecutor in the Eastern District of North Carolina. He then served as Deputy Special Counsel to President Nixon during the Watergate controversy. Following Nixon’s resignation, Howard returned to eastern North Carolina, running a private practice in Greenville from 1974 until President Reagan nominated him to the federal bench in 1988. At the time, Greenville did not have a federal courthouse, so he successfully lobbied Congress to establish one.
In 1988, Judge Howard was confirmed as a United States District Judge for the Eastern District of North Carolina, serving with distinction until assuming senior status in 2005. From 2005 to 2012, he also served on the United States Foreign Intelligence Surveillance Court, where he addressed complex legal issues balancing civil liberties with national security concerns in the post-9/11 era. During his FISA service, he earned citations from the Attorney General, the CIA, the NSA, and the Director of National Intelligence, underscoring the national recognition of his expertise, discretion, and integrity.
Judge Howard’s career reflected an extraordinary balance of justice and mercy. As one colleague and former law clerk observed:
“Judge Howard served honorably. In my observation, he came closer than most to finding the elusive balance we all seek, the one between justice and mercy. In both word and deed, he showed respect and compassion to the highest of the high and the lowest of the low. He always remembered his roots and the lessons he learned from being raised on a farm in eastern North Carolina. He had humility in the deep parts of his soul, and it was never overthrown by the prestige of being a federal judge.”
Beyond the courtroom, Judge Howard was deeply committed to mentoring young lawyers. Countless law clerks—both short- and long-term—learned from his example to treat others in the legal system with decency and respect. Colleagues noted that even clients who disagreed with his rulings recognized his fairness and the kindness he extended whenever possible within the rules.
He also devoted significant energy to fostering civility and community among lawyers in Eastern North Carolina. Judge Howard helped organize the Eastern North Carolina Inn of Court, an organization that brings together judges and attorneys to mentor younger lawyers and promote professionalism and collegiality. The organization has been active for roughly thirty years and continues after his passing.
Judge Howard’s dedication to service was deliberate. He could have pursued positions offering greater financial reward, but he consistently chose paths that maximized public impact and professional integrity. One colleague summarized:
“Judge Howard could have done many things with his time and talents, including some that almost certainly would have resulted in greater financial reward for himself. But at the end of the day, he chose service, and he served well. He set an example of decency and honor, an example that would be fully consistent with posthumous receipt of the Distinguished Service Award.”
The John B. McMillan Distinguished Service Award is presented to lawyers who demonstrate exemplary service, integrity, and leadership throughout their careers. Judge Howard’s decades of military service, federal prosecution, White House counsel work, private practice, judicial service, mentorship, and community engagement make him a model recipient of this prestigious honor. His legacy continues to inspire attorneys across North Carolina to pursue excellence, fairness, and service in the law.
