Andre Davis

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Andre Davis
Current Court Information:
United States Court of Appeals for the Fourth Circuit
Title:   Judge
Service:
Appointed by:   Barack Obama
Active:   11/10/2009 - Current
Preceded by:   Francis Murnaghan
Past post:   District of Maryland
Past term:   1995-2009
Past position:   Seat #3
Personal History
Born:   1949
Home State:   Baltimore, MD
Bachelors:   U. of Pennsylvania '71
Law School:   U. Maryland Law '78

Contents

Andre Maurice Davis is an Article III federal judge for the United States Court of Appeals for the Fourth Circuit. He was nominated by President Obama and received his commission on November 10, 2009. [1] Davis was officially sworn in on April 30, 2010. [2][3]

Early life and education

A native Marylander, Davis received his Bachelor's degree in American history from Pennsylvania (Penn) in 1971. Davis later went to Maryland Law from 1975 to 1978 and graduated cum laude in 1978. While at Maryland Law Judge Davis served on the Moot Court Board, and he served as chair of the Honor Board and the Black Law Students Association. Davis was a member of the National Moot Court Team. He was selected as the Best Advocate in the Myerowitz Memorial Moot Court Competition, and in the Marshall-Wythe Moot Court Competition. [1]

Before entering the legal profession and law school, Davis worked as an Assistant Housing Manager and Equal Employment Opportunity Specialist from 1972 to 1974 with the Housing Authority of Baltimore City.[1]

Professional career

After law school, Davis served as law clerk to federal judge Frank Kaufman of the United States District Court for the District of Maryland from 1978 to 1979. Davis also served as a law clerk to Judge Francis Murnaghan for the Fourth Circuit Court of Appeals from 1979 to 1980. In 1980, Davis joined the U.S. Department of Justice's Civil Rights Division as an attorney specializing in appeals cases. In 1981, Davis joined the United States Attorney’s Office for the District of Maryland as an Assistant United States Attorney serving the Baltimore area and remained there until 1983 when Davis entered private practice. From 1984 to 1987, Davis was an full-fledged assistant professor at Maryland Law. In 1987, Davis was appointed by the Maryland Governor William Schaeferas associate judge of the District Court of Maryland for Baltimore City, where he remained until 1990 and later in 1990 was appointed as associate judge of the Circuit Court for Baltimore City until his appointment to the Federal Bench. [1]

Judicial career

District of Maryland

Davis was nominated by President Bill Clinton on May 4, 1995 to a seat on the United States District Court for the District of Maryland vacated by Walter Black. Davis was confirmed by the U.S. Senate on August 11, 1995 on a majority voice vote and received commission on August 14, 1995. [4].

Fourth Circuit

Judge Davis was tapped by President Obama as a pick for the United States Court of Appeals for the Fourth Circuit on April 2, 2009. [5] [6]

On June 4, 2009, the Senate Judiciary Committee voted to report favorably Appeals Judge Davis on a 16-3 vote in committee, [7] he was confirmed 72-16 by the Senate on November 9, 2009, [8] and received his commission on November 10, 2009. [1]

Fourth Circuit nominating controversy

Davis was originally nominated to the Fourth Circuit Court of Appeals in 2000 when President Bill Clinton nominated him to the court to replace Francis Murnaghan who died in 2000 which was to fill in Maryland's seat in the appeals court. The nomination was a part of President Clinton's effort to integrate the Fourth Circuit Court of Appeals, as an African-American had never served in that circuit as a federal appeals judge[9]. However, since Davis was nominated after July 1, 2000, which was the unofficial start date of the Thurmond Rule which states during a presidential election year that no hearings be scheduled, the nomination was returned to President Clinton at the end of his term. [10]

President George W. Bush chose not to renominate Davis to the Fourth Circuit during his administration. However, when President George W. Bush was in office, he made three unsuccessful attempts to fill the vacancy in the Fourth Circuit as Bush nominated Washington, DC litigator Peter Keisler in the spring of 2001, Former Assistant to the President for Domestic Policy Claude Allen in 2004, and former Assistant Assistant U.S. Attorney General Rod J. Rosenstein in 2007 which was blocked mainly in part by Maryland U.S. Senators Paul Sarbanes and Barbara Mikulski claiming that they were not strong enough members of the Maryland legal community[11] [12].

April 29, 2009 Confirmation Hearing

The following are excerpts from live proceedings of the Senate Judiciary Committee's hearing in matter of the nomination of Andre Davis on April 29, 2009. These are key questions with Judge Hamilton's response being asked by Senators who serve on the judiciary committee along with statements of support from Maryland's representatives in their congressional delegation.

According to the American Bar Association, Judge Davis has a qualified to well qualifed ranking[13].

Statement of Senator Barbara Mikulski (D-Maryland)

On the Confirmation Delay in the Fourth Circuit

“For eight years I have pressed for a qualified Maryland jurist to fill the Maryland vacancy on the Fourth Circuit Court of Appeals first with Senator Sarbanes, then with Senator Cardin. This is the seat held by the late, great Judge (Francis) Murnaghan. He was a true legal giant with deep roots of civic engagement and extraordinary judicial competence."[14].

On Davis and his legal background

“Judge Davis’ competence is unquestioned; his integrity, beyond reproach. When first nominated by President Clinton in 2000 to fill this seat, the American Bar Association unanimously gave Judge Davis its highest rating. For the past 22 years, Andre Davis has served as a judge in three different federal and state courts. He now sits as a federal District Judge for the Maryland District. He was nominated for that position in 1995 by President Clinton and was unanimously confirmed by the U.S. Senate. Under his tenure as a judge, he has demonstrated a level head, an ability to handle difficult situations, and a calm and thoughtful temperament. Not only has he served as a distinguished judge, he has experience as a prosecutor in both the Civil Rights Division at the Department of Justice and the U.S. Attorney’s office in Maryland."[14]

“Finally, Judge Davis possesses great integrity, a strong work ethic, and a commitment to public service. He holds uncompromising views on judicial independence, being an independent thinker and dedicated to rule of law. Judge Davis is well-respected by his colleagues. He received the Benjamin L. Cardin Public Service Award, showing he is considered a ‘first rate’ judge, according to Judge Frederick Motz, with an ‘unassailable record in the community as a lawyer and a judge,’ according to University of Maryland Law Professor Sherrilyn Ifill. "[14]

Statement of Former U.S. Senator Paul Sarbanes (D-Maryland)

"Maryland judges have rated the highest throughout US history as some of the most competent judges in America...This is a distinguished jurist that people can evaluate at the state and Federal trial level."

Judge Davis On Judicial Empathy

Asked by Senator Tom Coburn (R-Oklahoma)

"One of those qualities in and out of the law to become a wise judge is being empathetic. A empathetic judge is one who appreciates the burdens the littigants face before the court and a empathetic judges is one who appreciates the value of a fair trial and impartial justice".

Judge Davis on International Law

Asked by Senator Tom Coburn (R-Oklahoma)'

"There is no basic evidence to prove that at the circuit court level that international law can be used, but the only example of the Supreme Court of the United States is where international law has been used. When the Supreme Court has used international law in the past it was done in a restrained manner, but the key benchmark at the (District Court level) that the Constitution of the United States prevails as the first consideration."

On his questioned membership of the FREE Board

Asked by Senator Russ Feingold (D-Wisconsin)

Senator Russ Feingold who serves on the Senate Judiciary Committee, questioned Judge Davis's involvement on the Foundation or Research on the Economics and the Environment known as FREE as a member of the Board of Directors.

Senator Feingold brought up the statement as a complaint was filed in the past against Judge Davis alleging that Davis violated sections 2A and 5B of the Federal Code of Judicial Canons and also was critical of Davis taking taxpayer (expense) funded judicial education related trips which has been a concern of the Junior Senator of Wisconsin.

When a memo was brought up at the time of the alleged violation, Judge Davis resigned from his membership.

On Increasing Equal Opportunities in the Courts

Asked by Senator Ben Cardin (D-Maryland)

"I have a deep belief in the pro bono system to increase opportunities for judges and attorneys to help those in need. Also, I work with the youth of Maryland and civic and charitable groups through the District of Maryland's Open Doors program to help our citizens be educated about the court system and their legal rights as I was the judge of a recent mock trial event in my district. Also, I improved forms for pro-se (self-represented) litigants to make it easier when they have to go to court but they cannot afford representation."

See also

External links

References

  1. ↑ 1.0 1.1 1.2 1.3 1.4 Davis Biography from the Federal Judicial Center.
  2. ↑ Associated Press "Judge Andre Davis Sworn In To Appeals Court", April 30, 2010
  3. ↑ Afro.com "Federal Fourth Circuit. Ct. of Appeals gets Another Black Judge", May 2, 2010
  4. ↑ "THOMAS" Nomination of Andre Davis, April 14, 2009 (Search for Andre M. Davis)
  5. ↑ Associated Press, "Obama taps Judge Andre Davis for federal appeals court", April 2, 2009
  6. ↑ Press Release "President Obama Announces Judge Gerard Lynch for United States Court of Appeals for the Second Circuit", April 2, 2009
  7. ↑ "Balitmore Sun" Senate panel OK's 2 Maryland nominees, June 5, 2009
  8. ↑ New York Times "Senate Vote 342 - On the Nomination Andre M. Davis, of Maryland, to be United States Circuit Judge for the Fourth Circuit", November 9, 2009
  9. ↑ "Find Articles" White House-Clinton Press Release Nominating Andre Davis, April 14, 2009
  10. ↑ "Wikipedia" Article of Andre Davis April 14, 2009
  11. ↑ "New York Times" The Road to the Bench is going to be bumpier in the Senate, June 26, 2001
  12. ↑ "Wikipedia" Article of Rod J. Rosenstien, April 14, 2009
  13. ↑ "American Bar Association" Ratings of the 111th Congress, April 29, 2009
  14. ↑ 14.0 14.1 14.2 "Senator Barbara Milkulski" Statement of Support of Andre Davis, April 29, 2009
Federal judicial offices
Preceded by:
Walter Black 		District of Maryland
1995–2009
Seat #3 		Succeeded by:
Ellen Hollander
Preceded by:
Francis Murnaghan 		Fourth Circuit Court of Appeals
2009–present 		Succeeded by:
NA


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