Following her untimely death from brain cancer at the age of 56 in January 2009, Barbara’s husband, Jerry Hartman, established the Barbara McDowell Foundation in her name to honor and continue her extraordinary work. 

Director of the Appellate Advocacy Program

Barbara, for the three years prior to her death, was the founding Director of the Appellate Advocacy Program at the Legal Aid Society of Washington, D.C. Prior to that time, the Legal Aid Society had never had a program dedicated solely to appellate advocacy. After Barbara’s death Legal Aid renamed the program the Barbara McDowell Appellate Advocacy Program. 

As Director of the Appellate Advocacy Program, Barbara represented the rights of impoverished and indigent individuals in many matters in the Court of Appeals of the District of Columbia involving domestic violence, adequacy of housing, unemployment compensation, and administration requirements related to filing claims for public benefits. There she handled more than 70 matters and won several important cases establishing the rights of the poor in areas of housing, public benefits, and domestic violence. 

While at Legal Aid, Barbara was awarded the Rex Lee Advocacy and Public Service Award for Appellate Advocacy (named for the former Solicitor General of the United States) given by Brigham Young Law School, which recognized Barbara as the outstanding appellate advocate for 2008. The award was presented by Chief Justice John G. Roberts, Jr. Barbara was also awarded posthumously in April 2014 Legal Aid’s Servant of Justice Award for her word at Legal Aid. Jerry Hartman accepted the award in her behalf. 

Assistant to the Solicitor General

Prior to becoming the Director of the Appellate Advocacy Project at Legal Aid, Barbara was Assistant to the Solicitor General of the United States from 1997 to 2004, in which role she argued 18 cases before the United States Supreme Court, including two cases on the same day. Barbara also was the principal author of more than 12 principal briefs to the Supreme Court. 

The case of which Barbara was most proud was Minnesota v. Mille Lacs Band of Chippewa Indians (1999). In that case, Barbara successfully defended the Tribe’s retention of hunting, fishing, and gathering rights guaranteed to them in an 1837 Treaty. The state of Minnesota argued that a Presidential Executive Order from 1850 removing the tribe from that land abrogated those rights. To prepare for her argument, Barbara traveled to Minnesota to meet with the Tribe. She smoked a peace pipe at dawn with leaders of the Tribe who had gathered at the shores of a lake on the Tribe’s land to pray for her success in her argument. 

Jones Day Law Firm

Before joining the Solicitor General’s office, Barbara was a partner at the Jones Day law firm from 1987 to 1997, where she was a member of the Issues and Appeals Group. In addition to cases for the firm’s clients, Barbara was committed to handling pro bono matters, including a case involving a felon’s right to serve on a jury many years after he was released from prison. 

Barbara attended Yale Law School and clerked for Justice Byron White at the United States Supreme Court.

Barbara McDowell’s Parents

Joyce Benson was born on October 18, 1923, in Bemidji, Minnesota. She lived at Island Lake, Minnesota, most of her childhood and attended a one-room school. Joyce graduated from Ashby High School in western, Minnesota in 1941 and the University of Minnesota in 1944 from which she graduated magna cum laude. She then enlisted in the United States Navy as a WAVE and served for 20 months. She was stationed in San Diego, where she taught gunnery. After discharge in 1946, Joyce moved to San Francisco and married James McDowell on June 28, 1946. They lived in Berkeley. After she married Jim, she worked at the telephone company in San Francisco. She and Jim lived in Lafayette, CA, after Berkeley and before moving to Fresno, California. She went back to college to study Russian history at Fresno State University. She got her teaching credentials, taught in the Fresno public schools, and spent much time tutoring Hmong (Thai) children after school. Joyce was a prolific reader and enjoyed identifying wildflowers, birdwatching, and cooking. Joyce died on December 7, 2013.

James McDowell was born March 1, 1924, in Glendive, Montana, and grew up in Rapid City, South Dakota. He graduated from Rapid City High School in 1941 and attended the then South Dakota School of Mines until March 1943, when he enlisted in the Army Air Corps. In September 1943 he was sent to the University of Minnesota where he met and became engaged to Joyce Benson. With the need for more manpower in the invasion of Europe, Jim was sent to the infantry to prepare for front-line fighting. He was a member of the 7th Army that fought through France, Germany, and Austria during one of the coldest winters on record. His 44th Division was brought back to the United States in August of 1945 and given a month's leave before preparing for the invasion of Japan. After the atomic bombs were dropped, he was sent to Camp Chaffee in Arkansas until October 1945 when he was discharged. Jim studied Civil Engineering at the University of California, Berkeley, and graduated in 1948. He spent his entire career at the California Department of Highways from which he retired in 1983 as a Senior Highway Engineer. Jim participated over his career in the building of many of the highways in California. After he retired, he pursued a hobby in woodworking. Each Christmas, he would make hundreds of wooden toys for underprivileged children. He also was an avid photographer. Jim died on August 30, 2006.

Joyce and Jim were married for 60 years. Barbara, Jerry, and Barbara’s brother, Bruce, attended their 50th anniversary celebration at the Ahwahnee Hotel in Yellowstone National Park where Joyce and Jim had spent their honeymoon.