John Walker

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John Walker
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Current Court Information:
United States Court of Appeals for the Second Circuit
Title:   Senior Judge
Position:   Seat #7
Station:   New York, NY
Service:
Appointed by:   George H.W. Bush
Active:   11/27/1989 - 10/1/2006
Chief:   2001-2006
Senior:   10/1/2006 - Present
Preceded by:   Irving Kaufman
Succeeded by:   Debra Livingston
Past post:   Southern District of New York
Past term:   1985-1989
Past position:   Seat #3
Personal History
Born:   1940
Hometown:   New York, NY
Undergraduate:   Yale, B.A., 1962
Law School:   U. Michigan Law, J.D., 1966
Military service:   U.S. Marine Corps Reserve, 1963-1967



John Mercer Walker, Jr. (b. 1940) is a federal appeals judge for the United States Court of Appeals for the Second Circuit in New York City. He joined the court in 1989 after being nominated by President George H.W. Bush. At the time of appointment, Walker served on the United States District Court for the Southern District of New York. He joined the district court in 1985 after an appointment from Ronald Reagan. At the time of his appointment, he was an Assistant Secretary for the U.S. Treasury Department. He assumed senior status on October 1, 2006.

Early life and education

Born in New York City, New York, Walker graduated from Yale University with his bachelor's degree in 1962, and later from the University of Michigan Law School with his Juris Doctor degree in 1966.[1]

Military service

From 1963 to 1967, Walker served as a Private, First Class in the United States Marine Corps Reserve.[1]

Professional career

Walker served as State Counsel for the Republic of Botswana as part of an Africa-Asia Public Service Fellowship from 1966 to 1968. Walker was a private practice attorney in New York City, New York, from 1969 to 1970. Walker worked as an Assistant United States Attorney in the Southern District of New York with the U.S. Attorney's Office prosecuting criminal cases from 1970 to 1975. Walker resumed private practice from 1975 to 1981. In 1981, Walker was nominated by President Ronald Reagan to serve as Assistant Secretary of the U.S. Department of Treasury, where he worked until 1985. In 1987, President Reagan appointed Walker to serve as Special Counsel for the Administrative Conference of the United States until 1992.[1]

Judicial career

Second Circuit Court of Appeals

On the recommendation of U.S. Senator Al D'Amato, Walker was nominated to the United States Court of Appeals for the Second Circuit by President George H.W. Bush on September 21, 1989, to a seat vacated by Irving Kaufman. Walker was confirmed by the Senate on November 21, 1989, on unanimous consent of the Senate and received commission on November 27, 1989. He assumed senior status on October 1, 2006.[2] He was succeeded to this post by Debra Livingston.

Southern District of New York

On the recommendation of U.S. Senator Al D'Amato, Walker was nominated to the Southern District of New York by President Ronald Reagan on June 25, 1985, to a seat vacated by Morris Lasker. Walker was confirmed by the U.S. Senate on July 19, 1985, on a Senate vote and received commission on July 22, 1985.[1] He was succeeded to this post by Sonia Sotomayor.

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 Walker and Barrington 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:

This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.

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]

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.[5]

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.[6][7][8]


Citigroup liability case (2011)

  United States Court of Appeals for the Second Circuit
     *In re Citigroup ERISA Litigation 662 F. 3d 128
Judge Walker authored the Second Circuit's opinion in a ruling declaring that Citigroup was not liable to workers who lost money on their 401(k) plans due to the company's exposure to toxic debt. The court split 2-1 in the decision, with Judge Jose Cabranes agreeing with Judge Walker and Judge Chester Straub dissenting. The case was brought under the Employee Retirement Income Security Act of 1974 by workers who claimed that Citigroup should not have offered bank stock in its retirement plans because it knew its subprime mortgage exposure made the stock a dangerous investment. The court disagreed, and Judge Walker wrote that the workers did not show that Citigroup "either knew or should have known that Citigroup was in the sort of dire situation that required them to override plan terms in order to limit participants' investments in Citigroup stock." Marc Machiz, a lawyer for the plaintiffs, expected the case to be reheard by the full Second Circuit.[9]


See also

External links

References

Federal judicial offices
Preceded by:
Morris Lasker
Southern District of New York
1985–1989
Succeeded by:
Sonia Sotomayor
Preceded by:
Irving Kaufman
Second Circuit
1989–2006
Seat #7
Succeeded by:
Debra Livingston




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