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Richard Paez

Richard Anthony Paez (born May 5, 1947) is a senior United States circuit judge of the United States Court of Appeals for the Ninth Circuit.

Richard Paez
Senior Judge of the United States Court of Appeals for the Ninth Circuit
Assumed office
December 13, 2021
Judge of the United States Court of Appeals for the Ninth Circuit
In office
March 14, 2000 – December 13, 2021
Appointed byBill Clinton
Preceded byCecil F. Poole
Succeeded byLucy Koh
Judge of the United States District Court for the Central District of California
In office
June 16, 1994 – March 17, 2000
Appointed byBill Clinton
Preceded bySeat established by 104 Stat. 5089
Succeeded byS. James Otero
Personal details
Born
Richard Anthony Paez

(1947-05-05) May 5, 1947 (age 76)[1]
Salt Lake City, Utah
Political partyDemocratic
EducationBrigham Young University (BA)
University of California, Berkeley (JD)

Early life and education edit

Born in Salt Lake City, Utah, Paez received his Bachelor of Arts degree from Brigham Young University in 1969. He attended the UC Berkeley School of Law and graduated with a Juris Doctor in 1972.

Career edit

Paez began his career as a staff attorney for California Rural Legal Assistance, from 1972 to 1974, then as a staff attorney for the Western Center on Law and Poverty, from 1974 to 1976. He joined the Legal Aid Foundation of Los Angeles in 1976 as senior counsel, was director of litigation from 1978 to 1979 and deputy director for litigation, from 1979 to 1980, then was acting executive director and director of litigation, from 1980 to 1981. Paez then became a judge of the Los Angeles Municipal Court from 1981 to 1994.

Federal judicial service edit

Following his March 9, 1994, nomination by President Bill Clinton, confirmation by the United States Senate on June 15, 1994, and reception of commission on June 16, 1994, Paez became the second Mexican American to sit on the bench of the United States District Court for the Central District of California, a district that covers Los Angeles.[2] His service as a district court judge was terminated on March 17, 2000 when he was elevated to the court of appeals.[2]

Paez was confirmed by Senate on March 9, 2000 by a 59-39 vote,[3] more than four years after President Clinton first nominated him to the United States Court of Appeals for the Ninth Circuit. Paez waited 1,506 days to be confirmed, which at that time was the longest wait for a vote by any judicial nominee in U.S. history. The campaign against Paez's confirmation was led by Senators Robert C. Smith of New Hampshire and Jeff Sessions of Alabama over assertions that Paez and other Ninth Circuit judges were too liberal. Then Vice President Al Gore interrupted his campaign to fly back to Washington to preside over the confirmation vote.[4] He received his commission on March 14, 2000.[2] On May 10, 2021, he announced his intent to assume senior status upon confirmation of a successor.[5] He assumed senior status on December 13, 2021.[2]

Notable cases edit

On August 6, 2004, Paez ruled that Maricopa County Sheriff Joe Arpaio's internet broadcasting of pretrial detainees violated the 14th Amendment. He wrote: "We fail to see how turning pretrial detainees into the unwilling objects of the latest reality show serves any... legitimate goals... Inmates are not like animals in a zoo to be filmed and photographed at will..."[6]

Paez authored the ruling in Bolt v. United States, which was filed on December 3, 2007. In April 1999, Carol Bolt had fallen on snow and ice in the parking lot of an Army apartment complex and broken her ankle. Paez ruled that the Army could not use the "discretionary function exception" as a defense because it failed to clear the parking area in one of its apartment complexes despite specifying a duty to do so "once a year, before the end of March".[7]

In a 2009 decision, he held that a San Francisco resolution urging the Vatican to withdraw a directive against gay adoptions does not violate the Establishment Clause.[8]

In a 2011 decision, he wrote the majority opinion upholding a lower court's blocking of the most controversial parts of the Arizona SB 1070 anti-illegal immigration law from taking effect.[9]

Also in 2011, in Mattos v. Argarano, Paez wrote the majority opinion ruling that police officers tasing a domestic violence victim who happens to be standing between the officers and her abuser violates the 4th amendment.[10]

On May 3, 2019, Paez concurred in a 9th Circuit en banc decision holding that an immigration judge erred by failing to inform a 14-year old immigrant that he might be eligible for a form of relief from removal, temporarily halting his deportation to Honduras. However, Paez went further than the majority. Paez would have ruled that the 5th Amendment's Due Process Clause guarantees the right to appointed counsel for minors in most removal proceedings, an issue the majority declined to reach. Paez's concurrence was joined by Judges Marsha Berzon and William A. Fletcher.[11]

On February 24, 2020, Paez strongly dissented when the 9th Circuit upheld Trump's "Global Gag Rule" by a vote of 7 to 4. Paez's dissent was joined by Chief Judge Thomas, Judges Wardlaw and Fletcher. Paez also claimed that the majority was kowtowing towards the Trump administration, and he called the decision "paternalistic" and partisan.[12][13]

Paez dissented in the Americans with Disabilities Act lawsuit, D.D. v. LAUSD, decided November 19, 2021. Paez argued that forcing the plaintiffs to go through the entire litigation process would not be helpful. He wrote "The majority has unduly burdened students with disabilities with having to proceed with a full hearing at the administrative level for claims that do not implicate a FAPE simply because the discrimination they suffer happens at school."[14] The decision was 6-5 on unusual lines; the 5 dissenters were Paez, 2 other liberals, and 2 textualist conservatives (who wrote their own dissenting opinion).

On February 4, 2022, Paez dissented from an opinion by Judge Milan Smith determining that former United States Secretary of Education Elisabeth DeVos could not be forced to sit for a deposition in a case arising out of delays in making decisions on student loans. Paez emphasized that because DeVos was only a former cabinet secretary, ordinary concerns about disrupting an executive official's duties were not present. Paez also said that the majority decision did not give a good reason for revisiting the trial court's "holistic assessment of the record."[15]

See also edit

References edit

  1. ^ Hearing Before the Committee on the Judiciary, United States Senate, One Hundred Tenth Congress, First Session, Parts 2-3
  2. ^ a b c d Richard Paez at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.
  3. ^ "On the Nomination (Confirmation of Richard Paez to be U.S. Circuit Judge, Ninth Circuit)".
  4. ^ Lewis, Neil a (10 March 2000). "After Long Delays, Senate Confirms 2 Judicial Nominees". The New York Times.
  5. ^ "Judge Paez Gives Biden 3rd Opening On 9th Circ". Law360. Retrieved January 9, 2023.
  6. ^ (PDF). Archived from the original (PDF) on 2008-12-19. Retrieved 2020-04-10.
  7. ^ "Court documents". FindLaw. December 3, 2007. Retrieved May 19, 2021.
  8. ^ Jackson, Brian (June 4, 2009). "Ninth Circuit upholds resolution urging Catholics to permit same-sex adoptions". Jurist.
  9. ^ Markon, Jerry (April 11, 2011). "Court upholds block on parts of Arizona immigration law". The Washington Post. Retrieved April 11, 2011.
  10. ^ "MATTOS v. AGARANO" (PDF). ca9.uscourts.gov. October 17, 2011. Retrieved January 5, 2022.
  11. ^ C.J.L.G. v. Barr, 923 F.3d 622 (9th Cir. 2019)
  12. ^ "'Devastating': Ninth Circuit Court Greenlights Trump's 'Gag Rule'". 24 February 2020.
  13. ^ "En Banc Ninth Circuit Lifts Blocks on Trump Abortion Gag Rule". Courthousenews.com. 2020-02-24. Retrieved 2020-04-10.
  14. ^ "D. D. v. Los Angeles Unified School District, No. 19-55810 (9th Cir. 2021)". Justia. November 19, 2021. Retrieved November 28, 2021.
  15. ^ "In re U.S. Department of Education" (PDF).

Sources edit

Legal offices
Preceded by
Seat established by 104 Stat. 5089
Judge of the United States District Court for the Central District of California
1994–2000
Succeeded by
Preceded by Judge of the United States Court of Appeals for the Ninth Circuit
2000–2021
Succeeded by

richard, paez, venezuelan, football, player, manager, richard, páez, richard, anthony, paez, born, 1947, senior, united, states, circuit, judge, united, states, court, appeals, ninth, circuit, senior, judge, united, states, court, appeals, ninth, circuitincumb. For the Venezuelan football player and manager see Richard Paez Richard Anthony Paez born May 5 1947 is a senior United States circuit judge of the United States Court of Appeals for the Ninth Circuit Richard PaezSenior Judge of the United States Court of Appeals for the Ninth CircuitIncumbentAssumed office December 13 2021Judge of the United States Court of Appeals for the Ninth CircuitIn office March 14 2000 December 13 2021Appointed byBill ClintonPreceded byCecil F PooleSucceeded byLucy KohJudge of the United States District Court for the Central District of CaliforniaIn office June 16 1994 March 17 2000Appointed byBill ClintonPreceded bySeat established by 104 Stat 5089Succeeded byS James OteroPersonal detailsBornRichard Anthony Paez 1947 05 05 May 5 1947 age 76 1 Salt Lake City UtahPolitical partyDemocraticEducationBrigham Young University BA University of California Berkeley JD Contents 1 Early life and education 2 Career 2 1 Federal judicial service 3 Notable cases 4 See also 5 References 6 SourcesEarly life and education editBorn in Salt Lake City Utah Paez received his Bachelor of Arts degree from Brigham Young University in 1969 He attended the UC Berkeley School of Law and graduated with a Juris Doctor in 1972 Career editPaez began his career as a staff attorney for California Rural Legal Assistance from 1972 to 1974 then as a staff attorney for the Western Center on Law and Poverty from 1974 to 1976 He joined the Legal Aid Foundation of Los Angeles in 1976 as senior counsel was director of litigation from 1978 to 1979 and deputy director for litigation from 1979 to 1980 then was acting executive director and director of litigation from 1980 to 1981 Paez then became a judge of the Los Angeles Municipal Court from 1981 to 1994 Federal judicial service edit Following his March 9 1994 nomination by President Bill Clinton confirmation by the United States Senate on June 15 1994 and reception of commission on June 16 1994 Paez became the second Mexican American to sit on the bench of the United States District Court for the Central District of California a district that covers Los Angeles 2 His service as a district court judge was terminated on March 17 2000 when he was elevated to the court of appeals 2 Paez was confirmed by Senate on March 9 2000 by a 59 39 vote 3 more than four years after President Clinton first nominated him to the United States Court of Appeals for the Ninth Circuit Paez waited 1 506 days to be confirmed which at that time was the longest wait for a vote by any judicial nominee in U S history The campaign against Paez s confirmation was led by Senators Robert C Smith of New Hampshire and Jeff Sessions of Alabama over assertions that Paez and other Ninth Circuit judges were too liberal Then Vice President Al Gore interrupted his campaign to fly back to Washington to preside over the confirmation vote 4 He received his commission on March 14 2000 2 On May 10 2021 he announced his intent to assume senior status upon confirmation of a successor 5 He assumed senior status on December 13 2021 2 Notable cases editThis biography of a living person relies too much on references to primary sources Please help by adding secondary or tertiary sources Contentious material about living persons that is unsourced or poorly sourced must be removed immediately especially if potentially libelous or harmful Find sources Richard Paez news newspapers books scholar JSTOR January 2022 Learn how and when to remove this template message On August 6 2004 Paez ruled that Maricopa County Sheriff Joe Arpaio s internet broadcasting of pretrial detainees violated the 14th Amendment He wrote We fail to see how turning pretrial detainees into the unwilling objects of the latest reality show serves any legitimate goals Inmates are not like animals in a zoo to be filmed and photographed at will 6 Paez authored the ruling in Bolt v United States which was filed on December 3 2007 In April 1999 Carol Bolt had fallen on snow and ice in the parking lot of an Army apartment complex and broken her ankle Paez ruled that the Army could not use the discretionary function exception as a defense because it failed to clear the parking area in one of its apartment complexes despite specifying a duty to do so once a year before the end of March 7 In a 2009 decision he held that a San Francisco resolution urging the Vatican to withdraw a directive against gay adoptions does not violate the Establishment Clause 8 In a 2011 decision he wrote the majority opinion upholding a lower court s blocking of the most controversial parts of the Arizona SB 1070 anti illegal immigration law from taking effect 9 Also in 2011 in Mattos v Argarano Paez wrote the majority opinion ruling that police officers tasing a domestic violence victim who happens to be standing between the officers and her abuser violates the 4th amendment 10 On May 3 2019 Paez concurred in a 9th Circuit en banc decision holding that an immigration judge erred by failing to inform a 14 year old immigrant that he might be eligible for a form of relief from removal temporarily halting his deportation to Honduras However Paez went further than the majority Paez would have ruled that the 5th Amendment s Due Process Clause guarantees the right to appointed counsel for minors in most removal proceedings an issue the majority declined to reach Paez s concurrence was joined by Judges Marsha Berzon and William A Fletcher 11 On February 24 2020 Paez strongly dissented when the 9th Circuit upheld Trump s Global Gag Rule by a vote of 7 to 4 Paez s dissent was joined by Chief Judge Thomas Judges Wardlaw and Fletcher Paez also claimed that the majority was kowtowing towards the Trump administration and he called the decision paternalistic and partisan 12 13 Paez dissented in the Americans with Disabilities Act lawsuit D D v LAUSD decided November 19 2021 Paez argued that forcing the plaintiffs to go through the entire litigation process would not be helpful He wrote The majority has unduly burdened students with disabilities with having to proceed with a full hearing at the administrative level for claims that do not implicate a FAPE simply because the discrimination they suffer happens at school 14 The decision was 6 5 on unusual lines the 5 dissenters were Paez 2 other liberals and 2 textualist conservatives who wrote their own dissenting opinion On February 4 2022 Paez dissented from an opinion by Judge Milan Smith determining that former United States Secretary of Education Elisabeth DeVos could not be forced to sit for a deposition in a case arising out of delays in making decisions on student loans Paez emphasized that because DeVos was only a former cabinet secretary ordinary concerns about disrupting an executive official s duties were not present Paez also said that the majority decision did not give a good reason for revisiting the trial court s holistic assessment of the record 15 See also editList of Hispanic and Latino American juristsReferences edit Hearing Before the Committee on the Judiciary United States Senate One Hundred Tenth Congress First Session Parts 2 3 a b c d Richard Paez at the Biographical Directory of Federal Judges a publication of the Federal Judicial Center On the Nomination Confirmation of Richard Paez to be U S Circuit Judge Ninth Circuit Lewis Neil a 10 March 2000 After Long Delays Senate Confirms 2 Judicial Nominees The New York Times Judge Paez Gives Biden 3rd Opening On 9th Circ Law360 Retrieved January 9 2023 JAMIE DEMERY SAMANTHA MOORE ARACELIA LETICIA PFEIFER JANET LEE KING JERRI CABANISS ROSA VELAZQUEZ CYNTHIA MATTHERS RHONDA FARMER SANDRA PUEBLA JORDAN MARTIN LAURA HARTNEY ELENA M IRVINE YVETTE ROSE LEON TINA MARIE SOX LORETTA CHRISTIE ALISON LEE ADAIR VICTORIA ZEPEDA NIKISHA CALLISTE TERRY MCEVOY TOM ODENKIRK DEAN TOUSIGNANT BENNY DAVID BERRYMAN DAMON SCOGGIN SEAN BOTKIN v JOE ARPAIO Maricopa County Sheriff in his official capacity and COUNTY OF MARICOPA JOHN JANE DOES 1 100 PDF Archived from the original PDF on 2008 12 19 Retrieved 2020 04 10 Court documents FindLaw December 3 2007 Retrieved May 19 2021 Jackson Brian June 4 2009 Ninth Circuit upholds resolution urging Catholics to permit same sex adoptions Jurist Markon Jerry April 11 2011 Court upholds block on parts of Arizona immigration law The Washington Post Retrieved April 11 2011 MATTOS v AGARANO PDF ca9 uscourts gov October 17 2011 Retrieved January 5 2022 C J L G v Barr 923 F 3d 622 9th Cir 2019 Devastating Ninth Circuit Court Greenlights Trump s Gag Rule 24 February 2020 En Banc Ninth Circuit Lifts Blocks on Trump Abortion Gag Rule Courthousenews com 2020 02 24 Retrieved 2020 04 10 D D v Los Angeles Unified School District No 19 55810 9th Cir 2021 Justia November 19 2021 Retrieved November 28 2021 In re U S Department of Education PDF Sources editRichard Paez at the Biographical Directory of Federal Judges a publication of the Federal Judicial Center Legal officesPreceded bySeat established by 104 Stat 5089 Judge of the United States District Court for the Central District of California1994 2000 Succeeded byS James OteroPreceded byCecil F Poole Judge of the United States Court of Appeals for the Ninth Circuit2000 2021 Succeeded byLucy Koh Retrieved from https en wikipedia org w index php title Richard Paez amp oldid 1179077537, wikipedia, wiki, book, books, library,

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