Barrington Parker

From Judgepedia
Jump to: navigation, search
Barrington Parker
Placeholder image.png
Do you have a photo that could go here? Submit it for this profile by emailing us!
Current Court Information:
United States Court of Appeals for the Second Circuit
Title:   Senior Judge
Position:   Seat #4
Station:   New York, NY
Service:
Appointed by:   George W. Bush
Active:   10/16/2001-10/10/2009
Senior:   10/10/2009-Present
Preceded by:   Ralph Winter
Succeeded by:   Susan L. Carney
Past post:   Southern District of New York
Past term:   1994-2001
Past position:   Seat #10
Personal History
Born:   1944
Hometown:   Washington, DC
Undergraduate:   Yale University, 1965
Law School:   Yale Law School, 1969

Barrington Daniels Parker, Jr. is a judge for the United States Court of Appeals for the Second Circuit. He joined the Second Circuit in 2001 after being nominated by President George W. Bush. At the time of appointment, Parker served on the United States District Court for the Southern District of New York. He joined the Southern District of New York in 1994 after an appointment from Bill Clinton. At the time of his appointment, he was a private practice attorney. He assumed senior status on October 10, 2009.[1]}}

Education

Parker graduated from Yale with his bachelor's degree in 1965 and later graduated from Yale Law with his law degree in 1969.[1]

Professional career

Parker began his legal career as a law clerk for Judge Aubrey Robinson of the United States District Court for the District of Columbia from 1969 to 1970 before becoming a private practice attorney practicing law in New York City from 1970 to 1994.[1]

Judicial career

Second Circuit

Parker was nominated by President George W. Bush on September 4, 2001, to a seat vacated by Ralph Winter. Parker was confirmed by the U.S. Senate on October 11, 2001, on unanimous consent (100-0 vote) of the Senate and received commission on October 16, 2001.[1][2] Parker was succeeded in this position by Susan L. Carney.

Southern District of New York

Parker began his federal judicial career with the United States District Court for the Southern District of New York. On the recommendation of U.S. Senator Daniel Patrick Monyihan, Parker was nominated by President Bill Clinton on April 26, 1994, to a seat vacated by Leonard Sand. Parker was confirmed by the U.S. Senate on September 14, 1994, on a majority voice vote and received commission on September 15, 1994. Parker left the Southern District of New York on October 18, 2001, due to his appointment to the Second Circuit Court of Appeals.[1][2] Parker was succeeded in this position by Richard Holwell.

Notable cases

District Court "stop-and-frisk" ruling remains intact (2013)

     United States Court of Appeals for the Second Circuit ([Part 1, Part 2 Floyd v. City of New York])

On October 31, 2013, a three-judge panel of the Second Circuit, composed of Judge Jose Cabranes and Senior Judges John Walker and Parker, removed Judge Shira Scheindlin from Floyd v. City of New York and put the remedies proposed by the judge on hold. The previous court order was stayed until an appeal was heard by the panel.[3]

Scheindlin was removed from the case as a result of interviews with the media in May 2013 which made the court question her impartiality. In response to the accusation that she violated the Code of Conduct for federal judges, Scheindlin said:

The interviews . . . were conducted under the express condition that I would not comment on the Floyd case. I did not. Some of the reporters used quotes from written opinions in Floyd that gave the appearance that I had commented on the case. However, a careful reading of each interview will reveal that no such comments were made.[4] [5]

On November 22, 2013, the judicial panel refused in a per curiam decision to vacate Judge Scheindlin's prior ruling which struck down the NYPD's stop-and-frisk policy. The judges denied motions filed by New York City to transfer the court's October 2013 stay of Scheindlin's ruling into its vacation, and further denied as moot motions filed by Scheindlin in opposition to the City's previously described motions. Judge Scheindlin's groundbreaking "stop-and-frisk" decision still stands.[6]

Background

In August 2013, Scheindlin ruled that the New York Police Department's (NYPD) "stop-and-frisk" rule, which the NYPD credited with saving lives, disregarded the Fourth and Fourteenth Amendments. Scheindlin also found that officers used racial profiling during the process, unfairly targeting minorities.[7][8][9]

VT prison labor case (2012)

     United States Court of Appeals for the Second Circuit
On August 3, 2012, the United States Court of Appeals for the Second Circuit overturned the lower court decision and held that a suit could continue which alleged that the Chittenden Regional Correctional Facility in South Burlington, Vermont, violated the Thirteenth Amendment by requiring an individual to work in the laundry room for $0.25 an hour. The suit was filed by Finbar McGarry who alleged that during his time pending trial in the facility, he was forced to work 14-hour shifts, 3 days a week, and was punished with solitary confinement if he refused. He filed the suit a month before his release, requesting $11 million in damages. U.S. District Judge Garvan Murtha threw out the case claiming that McGarry did not prove that the forced work was akin to African American slavery, which the act was originally designed to protect against. The three-judge appeals court composed of Robert Katzmann, Richard Wesley, and the writing judge Barrington Parker disagreed, writing in their opinion, that "[t]he Amendment was intended to prohibit all forms of involuntary labor, not solely to abolish chattel slavery." In addition, the court held that McGarry's pretrial status required that the state treat him differently as he was not yet convicted and the charges were later dropped. The case was remanded back to Judge Murtha for further evaluation.[10]

See also

External links

References

Federal judicial offices
Preceded by:
Leonard Sand
Southern District of New York
1994–2001
Succeeded by:
Richard Holwell
Preceded by:
Ralph Winter
Second Circuit
2001–2009
Seat #4
Succeeded by:
Susan L. Carney




New YorkUnited States District Court for the Eastern District of New YorkUnited States District Court for the Western District of New YorkUnited States District Court for the Northern District of New YorkUnited States District Court for the Southern District of New YorkUnited States bankruptcy court, Eastern District of New YorkUnited States bankruptcy court, Western District of New YorkUnited States bankruptcy court, Northern District of New YorkUnited States bankruptcy court, Southern District of New YorkUnited States Court of Appeals for the Second CircuitNew York Court of AppealsNew York Supreme Court, Appellate DivisionNew York Supreme CourtNew York County CourtsNew York City CourtsNew York Town and Village CourtsNew York Family CourtsNew York Surrogates' CourtsNew York City Civil CourtNew York City Criminal CourtsNew York Court of ClaimsNew York Problem Solving CourtsNew York countiesNew York judicial newsNew York judicial electionsJudicial selection in New YorkNewYorkTemplate.jpg