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Joseph Greenaway

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Joseph Greenaway
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Current Court Information:
United States Court of Appeals for the Third Circuit
Title:   Judge
Station:   Philadelphia, PA
Appointed by:   Barack Obama
Approval vote:   84-0
Active:   2/9/2010-Present
Preceded by:   Samuel Alito
Past post:   District of New Jersey
Past term:   1996-2010
Past position:   Seat #6
Personal History
Born:   1957
Hometown:   England
Undergraduate:   Columbia University, 1978
Law School:   Harvard Law School, 1981

Joseph A. Greenaway, Jr. is a federal judge for the United States Court of Appeals for the Third Circuit. He was nominated to the court by President Barack Obama on June 19, 2009, and confirmed by the Senate on February 9, 2010.[1]

Early life and education

Born in England, and later turned U.S. citizen, Greenaway graduated from Columbia College with his bachelor's degree in 1978, and from Harvard Law School with his Juris Doctor in 1981.[2]

Professional career

  • 1990-1996: Attorney in private practice, law firm of Johnson & Johnson
  • 1989-1990: Chief of Narcotics, U.S. Attorney's Office, District of New Jersey
  • 1985-1989: Assistant U.S. Attorney, District of New Jersey
  • 1983-1985: Attorney in private practice, New York
  • 1982-1983: Law clerk, Hon. Vincent Broderick of the Southern District of New York
  • 1981-1982: Attorney in private practice, New York[1][2][1]

Judicial career

Third Circuit

Nomination Tracker
 Candidate:Joseph Greenaway
 Court:Third Circuit
 Progress:Confirmed 235 days after nomination.
ApprovedANominated:June 19, 2009
ApprovedAABA Rating:Unanimously Well Qualified
ApprovedAHearing:September 9, 2009
ApprovedAReported:October 1, 2009 
ApprovedAConfirmed:February 9, 2010
 Vote: 84-0

On the recommendation of U.S. Senators Frank Lautenberg and Robert Menendez, Greenaway was nominated by President Barack Obama on June 19, 2009, to a seat vacated by Samuel Alito which had been vacant since Alito's elevation to the Supreme Court of the United States in 2005.[3]

In regard to the nomination, President Obama stated:

Judge Greenaway and Judge Martin have distinguished themselves as first-rate jurists with unflagging integrity and evenhandedness. I am grateful for their service to the states of New Jersey and Georgia and look forward to adding their considerable wisdom and experience to the Third and Eleventh Circuit Courts.[4][5]

Lautenberg, the senior U.S. Senator for New Jersey, praised Greewnaway's nomination stating:

Judge Greenaway has the integrity, knowledge, expertise and judgment to protect New Jerseyans and their rights. He will make a great appeals court judge for our state and for the entire region.[3][5]

Greenaway was confirmed by the U.S. Senate on February 9, 2010, on a unanimous 84-0 vote.[6][7]

Judiciary Committee hearing

Greenaway's Public Questionnaire Available Here
Questions for the Record available here

Greeaway had a hearing before the Senate Judiciary Committee on September 9, 2009.[8] He was asked by Senator Jeff Sessions if he still believed in his former statement that judicial activism was "antithetical" to the proper role of judges, to which Greenaway replied, "Absolutely, sir."[1] The Committee voted to approve his nomination in October 2009.[6]

District of New Jersey

On the unanimous recommendation of New Jersey U.S. Senators Bill Bradley and Frank Lautenberg, Greenaway was nominated by President Bill Clinton to the United States District Court for the District of New Jersey on November 27, 1995, to a seat vacated by Judge John Gerry. Greenaway was confirmed by the U.S. Senate on July 16, 1996, and received commission on July 26, 1996.[2]

New Jersey Law Journal survey

In 2008, the New Jersey Law Journal performed a survey rating magistrates and district judges. The scale was from 1 - 10; Greenaway's overall score was 8.05 out of a district-wide average of 8.19. His broken down scores were as follows:

  • Lack of bias as to race, gender, and party identity, 9.17
  • Courteous and respectful treatment of litigants and lawyers, 8.94
  • Fostering settlements skillfully, 7.64
  • Moving proceedings and making decisions promptly, 6.90[1]

Notable cases

Computer hacker's conviction and sentence vacated for lack of proper venue (2014)

     United States Court of Appeals for the Third Circuit (U.S. v. Auernheimer, 13-1816)

On April 11, 2014, a three-judge panel of the Third Circuit, composed of Judges Greenaway, Thomas Vanaskie, and Michael Chagares, vacated a hacker's conviction and prison sentence on charges relating to the Computer Fraud and Abuse Act (CFAA).[9]

In the underlying case, in June 2010, Andrew “weev” Auernheimer and co-conspirator Daniel Spiller discovered a security flaw on AT&T's network server that allowed them to obtain the email addresses of 114,000 iPad users. Auernheimer emailed the details of their find to several media outlets, and shared the full list of emails generated with a writer from Gawker, a news and gossip website. While Auernheimer resided in Arkansas and the servers affected were located in Texas and Georgia, he was prosecuted in New Jersey federal court, which Auernheimer argued was an improper venue under the circumstances. The District of New Jersey rationalized this course of action by saying that the email addresses of 4,500 New Jersey residents appeared on Auernheimer's list.[9]

In 2012, a jury convicted Auernheimer of identity fraud and conspiracy to access a computer without authorization, and in March 2013, he was sentenced by Judge Susan Wigenton to forty-one months in prison. On appeal to the Third Circuit, the three-judge panel found that Auernheimer's conviction must be vacated because of improper venue. Writing for the court in a precedential decision, Judge Chagares noted that New Jersey was "not the site of either essential conduct element" of the CFAA -- Auernheimer neither accessed nor obtained the unauthorized information in the state at any time.[9] Chagares continued, writing:

[E]ven assuming that defective venue could be amenable to harmless error review, the venue error here clearly affected Auernheimer’s substantial rights. ... The venue error in this case is not harmless because there was no evidence that any of the essential conduct elements occurred in New Jersey. If Auernheimer’s jury had been properly instructed on venue, it could not have returned a guilty verdict; the verdict rendered in this trial would have been different.[9][5]

Auernheimer was released after having spent thirteen months in prison.[9]

See also

External links


Federal judicial offices
Preceded by:
John Gerry
District of New Jersey
Succeeded by:
Claire Cecchi
Preceded by:
Samuel Alito
Third Circuit Court of Appeals
Succeeded by:

This page is missing notable case information.