Albert Diaz (judge)

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Albert Diaz
Diaz in 2022
Chief Judge of the United States Court of Appeals for the Fourth Circuit
Assumed office
July 8, 2023
Preceded byRoger Gregory
Judge of the United States Court of Appeals for the Fourth Circuit
Assumed office
December 22, 2010
Appointed byBarack Obama
Preceded byWilliam Walter Wilkins
Personal details
Born1960 (age 63–64)
New York City, New York, U.S.
EducationUniversity of Pennsylvania (BS)
New York University (JD)
Boston University (MS)

Albert Diaz (born 1960) is the chief United States circuit judge of the United States Court of Appeals for the Fourth Circuit. Diaz is the first Hispanic judge to serve on the Fourth Circuit. Prior to his appointment to the Court of Appeals, Diaz was a North Carolina state superior court judge and an appellate judge for the Navy-Marine Corps Court of Criminal Appeals.

Early life and education

Raised in

Wharton School of the University of Pennsylvania in 1983 and earned a Juris Doctor from New York University School of Law in 1988.[2] Diaz earned a Master of Science degree from Boston University, in 1993.[2] Diaz also served with the Marines from 1988 to 1995 as a judge advocate, retiring as a lieutenant colonel, USMCR.[3][4][5]

Professional career

While in the Marines, Diaz served as a prosecutor, defense lawyer and judge.

Hunton & Williams and represented Philip Morris USA during tobacco lawsuits in the late 1990s.[1] From 2000 to 2005, he served as a military judge for the U.S. Navy-Marine Corps Trial Judiciary and as an appellate judge for the U.S. Navy-Marine Corps Court of Criminal Appeals.[3]

Judicial career

State court service

In 2001, then-North Carolina Gov. Mike Easley appointed Diaz to the North Carolina Superior Court, making Diaz the first Hispanic ever to be a state judge in North Carolina.[1] The following year, Diaz lost a bid for election.[1] However, Easley again appointed Diaz to the Superior Court.[1] Then, in 2005, the North Carolina Supreme Court chief justice appointed Diaz to be Charlotte, North Carolina's first ever Business Court judge, one of just three in the state.[1][5]

Federal judicial service

On November 4, 2009, President Barack Obama nominated Diaz to be a United States circuit judge of the United States Court of Appeals for the Fourth Circuit, to replace Judge William Walter Wilkins, who assumed senior status in July 2007 and later retired.[2]

The nomination, made along with that of fellow North Carolina nominee James Andrew Wynn, was jointly endorsed by North Carolina senators Kay Hagan, a Democrat, and Richard Burr, a Republican.[6] He had a hearing before the Committee on December 16, 2009.[7] He was heard along with fellow nominee James Andrew Wynn by just three of the Committee members. When asked about his judicial philosophy, Diaz said: "We're not simply dealing with an academic exercise, but we're affecting people's lives in each and every case".[8][9] The Senate Judiciary Committee voted 19–0 on January 28, 2010, to send his nomination to the Senate floor.[10]

A combination of secret holds and the threat of filibuster by Republicans caused Democratic Senate Majority Leader Harry Reid not to bring Diaz's confirmation to a vote for nearly eleven months.[11] On December 18, 2010, the Senate confirmed Diaz by a voice vote.[12] He received his commission on December 22, 2010. He became chief judge on July 8, 2023.[5]

In August 2020, Diaz wrote for the unanimous panel when it upheld the convictions of

severable.[13][14]

Awards and associations

See also

References

  1. ^ a b c d e f g Wright, Gary L.; Morrill, Jim (October 9, 2009). "White House evaluates Diaz for 4th Circuit Court". The Charlotte Observer. p. 1A. Retrieved 4 November 2009.
  2. ^ a b c President Obama Nominates Judge Albert Diaz and Judge James Wynn to the Fourth Circuit Court of Appeals Archived 2017-02-16 at the Wayback Machine, whitehouse.gov (November 4, 2009).
  3. ^ a b c "North Carolina Court System Diaz Biography".
  4. ^ "JUDGE ALBERTO DIAZ Nominee to the Fourth Circuit Court of Appeals" (PDF). Archived from the original (PDF) on 2010-12-02. Retrieved 2011-11-26.
  5. ^ a b c Albert Diaz at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.
  6. ^ Diana Smith, North Carolina Lawyer's Weekly, reprinted in Virginia Lawyer's Weekly, November 9, 2009, Vol. 24, No. 23, p. 3.
  7. ^ "Senate Judiciary Committee Official Hearing Notice". judiciary.senate.gov. Archived from the original on 2011-06-07. Retrieved 2011-11-26.
  8. ^ "N.C. judges get easy hearing in Senate". newsobserver.com. December 17, 2009.
  9. ^ "N.C. judges show well at confirmation hearing". news-record.com. December 17, 2009. Archived from the original on 2012-04-05. Retrieved 2011-11-26.
  10. ^ "News & Observer: Judges Diaz, Wynn get key Senate vote, head toward confirmation". newsobserver.com. Archived from the original on 2010-01-30. Retrieved April 23, 2018.
  11. ^ Jamelle Bouie (November 15, 2010). "The Vacancy Crisis". The American Prospect.
  12. ^ "Senate Confirms Albert Diaz". senatus.wordpress.com. December 18, 2010.
  13. ^ Note, Recent Case: Fourth Circuit Finds the Anti-Riot Act Partially Unconstitutional, 134 Harv. L. Rev. 2614 (2021).
  14. ^ United States v. Miselis, 972 F.3d 518 (4th Cir. 2020).

External links

Legal offices
Preceded by Judge of the United States Court of Appeals for the Fourth Circuit
2010–present
Incumbent
Preceded by Chief Judge of the United States Court of Appeals for the Fourth Circuit
2023–present