Brooks Smith

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Brooks Smith
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Current Court Information:
United States Court of Appeals for the Third Circuit
Title:   Judge
Station:   Philadelphia, PA
Service:
Appointed by:   George W. Bush
Active:   8/2/2002-Present
Preceded by:   Timothy Lewis
Past post:   Western District of Pennsylvania
Past term:   1988-2002
Past position:   Seat #9
Personal History
Born:   1951
Hometown:   Altoona, PA
Undergraduate:   Franklin and Marshall College, 1973
Law School:   Dickinson School of Law, 1976

David Brooks Smith is a federal appeals judge with the United States Court of Appeals for the Third Circuit based in Philadelphia. Smith joined the court in August 2002 after being nominated by President George W. Bush.

Prior to his work on the Court of Appeals for the Third Circuit, Smith served on the United States District Court for the Western District of Pennsylvania. Smith joined the court in October 1988 after being nominated by President Ronald Reagan.[1]

Education

Smith graduated from Franklin and Marshall College in 1973 with his bachelor's degree and graduated from Dickinson School of Law in 1976 with his J.D.[1]

Professional career

Judicial career

Third Circuit Court of Appeals

On the recommendation of U.S. Senators Rick Santorum and Arlen Specter, Smith was nominated to the United States Court of Appeals for the Third Circuit by President George W. Bush on September 10, 2001, to fill a seat vacated by Timothy Lewis. Smith was confirmed by the U.S. Senate on July 31, 2002, and received his commission on August 2, 2002.[2]

Western District of Pennsylvania

On the recommendation of U.S. Senators John Heinz III and Arlen Specter, Smith was nominated to the United States District Court for the Western District of Pennsylvania by President Ronald Reagan on July 28, 1988, in order to fill a seat vacated by Carol Mansmann as Mansmann was appointed to serve on the United States Court of Appeals for the Third Circuit. Smith was confirmed by the U.S. Senate on October 14, 1988, and received his commission on October 17, 1988.[3] Smith served as the Chief Judge of the Western District of Pennsylvania from 2001 to 2002. Smith was succeeded in this position by Kim Gibson.

Notable cases

FBI's racial profiling records kept under wraps (2013)

     United States Court of Appeals for the Third Circuit (ACLU of New Jersey v. FBI, DOJ, 12-4345)

On October 23, 2013, in a precedential opinion, a three-judge panel of the Third Circuit, composed of Judge D. Brooks Smith and Senior Judges Dolores Sloviter and Jane Roth, found that documents requested by the American Civil Liberties Union of New Jersey (ACLU) from the Federal Bureau of Investigation (FBI) under a Freedom of Information Act (FOIA) request were properly withheld. In the underlying case, the ACLU filed a FOIA request seeking access to records concerning the "FBI's use of ethnic and racial data" in its "limited racial and ethnic profiling" as authorized by the 9/11 Commission's final report. The FBI identified 782 pages of documents related to the ACLU's request, but released only 312 pages, citing 186 pages as duplicative and 284 pages as exempt from disclosure. The ALCU filed suit in May 2011, seeking access to all of the documents identified by the FBI. Citing several exemptions to FOIA rules, the FBI filed a motion for summary judgment. This prompted the ACLU to file a cross-motion for summary judgment, requesting that presiding Judge Esther Salas of the District of New Jersey review the documents privately. The ACLU further requested that Salas use a "Glomar-like" procedure in chambers. Judge Salas refused, and granted the FBI's motion for summary judgment. The ACLU filed an appeal. Writing for three-judge panel of the Third Circuit, Judge Smith rejected the ACLU's "novel [Glomarization] proposal," and stated that "ample evidence" was available in support of Judge Salas's decision. Smith further noted that it would be "hard to imagine how the FBI could provide a more detailed justification for withholding information under this exemption without compromising the very information it sought to protect."[4][5]

See also

External links

References

Federal judicial offices
Preceded by:
Carol Mansmann
Western District of Pennsylvania
1988–2002
Seat #9
Succeeded by:
Kim Gibson
Preceded by:
Timothy Lewis
Third Circuit Court of Appeals
2002–present
Succeeded by:
NA




This page is missing notable case information.