Dale A. Kimball

Source: Wikipedia, the free encyclopedia.
Dale Albert Kimball
David Keith Winder
Succeeded byDavid Nuffer
Personal details
Born
Dale Albert Kimball

(1939-11-28) November 28, 1939 (age 84)
University of Utah College of Law (JD
)

Dale Albert Kimball[1] (born November 28, 1939)[2] is a senior United States district judge of the United States District Court for the District of Utah.[3]

Early life and education

Kimball was born in Provo, Utah, grew up on a dairy farm in Draper, Utah and worked in the fields where his family grew alfalfa, sugar beets, and grain. He continued to work on the family farm throughout his schooling, including his time in law school. His family sold their farm to the Catholic Diocese in 1996 and it is now the site of the Skaggs Catholic Center, which houses Juan Diego High School.

Kimball first became interested in law while taking a commercial law class from E.L. Crawford at Jordan High School.

University of Utah College of Law, graduating Order of the Coif and second in his class.[3] While attending law school, Kimball was a member of the Phi Kappa Phi
fraternity and was the Case Note Editor of the Utah Law Review.

Legal career

After graduating from law school, Kimball began his legal practice at Van Cott, Bagley, Cornwall & McCarthy in Salt Lake City, Utah, where Kimball maintained a full-time general practice until 1974. In 1974, Kimball became a full-time law professor at BYU's J. Reuben Clark Law School. In his second year as a full-time professor, Kimball also co-founded the law firm formerly known as Kimball, Parr, Waddoups, Brown & Gee. The firm is now known as Parr, Brown, Gee & Loveless. Kimball continued to teach part-time at BYU from 1976 to 1980. From 1975 until his appointment as a United States District Judge in 1997, Kimball maintained a full-time legal practice, primarily in commercial litigation.

Federal judicial career

On September 4, 1997, President

David K. Winder, who took senior status in June 1997. After twelve years as a full-time district court judge, Kimball took senior status on November 30, 2009.[5]
However, Kimball maintained a full case load until November 30, 2010. Kimball maintains a 60 percent case load and has resumed teaching part-time at BYU's J. Reuben Clark Law School.

Notable cases

During his time on the bench, Kimball has presided over many notable cases, such as the

Brian David Mitchell criminal trial, case no. 2:08cr125DAK.[6][7] In the case of Southern Utah Wilderness Alliance v. Norton, Case No. 2:99cv852DAK,[8] Judge Kimball's decision was reversed by the Tenth Circuit, but the United States Supreme Court then reversed the Tenth Circuit and affirmed Judge Kimball (9-0), Norton v SUWA
, 542 U.S. 55 (2004). More than 800 of his memorandum decisions appear on Westlaw.

In 1999, Kimball sat

by designation
with the Tenth Circuit of Appeals, authoring two published opinions and two unpublished opinions: Zeran v. Diamond Broadcasting, Inc., 203 F.3d 714 (10th Cir, 2000); and United States v. Moore, 198 F.3d 793 (10th Cir. 1999); Hutchinson v. Pfeil, 201 F.3d 448 (10th Cir. 1999) (unpublished); Standard v. Union Pacific Railroad Co., 198 F.3d 258 (10th Cir. 1999) (unpublished).

In May 2009, to help with the congested dockets of a neighboring district, Kimball sat by designation in the United States District Court for the District of Idaho.

Brian David Mitchell and Wanda Barzee

After defendant

Wanda Barzee were indicted by a federal grand jury for kidnapping and unlawful transportation of a minor. On May 25, 2011, Judge Kimball sentenced Mitchell to life in prison under the federal sentencing guidelines and the sentencing factors found in 18 U.S.C. § 3553a. Mitchell decided not to appeal.[6]

After being declared competent to stand trial as a result of forced medication ordered by the state court, Wanda Barzee entered into a plea agreement with the federal government. Judge Kimball sentenced Barzee on November 17, 2009, to 15 years in prison.[9]

Community and professional service

Kimball is a member of

Former activities

Current activities

  • Fellow of the American Bar Foundation
  • Master of the Bench for the American Inn of Court I
  • Member of the Board of Federal Bar Association, Salt Lake Chapter
  • Member of the Judicial Conference Committee on Criminal Law

Awards and publications

Judge Kimball graduated second in his class at the University of Utah College of Law and was elected to the Order of the Coif.[3] Order of the Coif is an honorary scholastic society consisting of members graduating in the top ten percent of their class. In 1996, Kimball was honored by the Utah State Bar as the "Distinguished Lawyer of the Year".[3] In 2010, Kimball was honored by the Federal Bar Association, Salt Lake Chapter as the "Judge of the Year".

Kimball has authored numerous legal publications over the years. For a partial listing see http://www.utd/uscourts.gov/judges/kimball.html[permanent dead link].

References

  1. ^ "Biographical Information (Public)". Confirmation hearings on federal appointments: Hearings before the Committee on the Judiciary, United States Senate, One Hundred Fifth Congress. 1997. p. 574.
  2. ^ Henley, Claudia Driggins (10 December 2007). "Judicial Staff Directory 2008/Winter". CQ Press – via Google Books.
  3. ^ a b c d "JUDGE DALE A. KIMBALL". www.utd.uscourts.gov. Archived from the original on 2017-01-07. Retrieved 2008-12-16.
  4. ^ "Judicial Profile: Dale Kimball" (PDF).
  5. ^ "Kimball, Dale A. - Federal Judicial Center". www.fjc.gov.
  6. ^ a b [Case Number 2:08cr125DAK]
  7. ^ [Case Number 2:03cv688DAK]
  8. ^ [Case Number 2:99cv852DAK]
  9. ^ Tribune, The Salt Lake. "Utah Local News - Salt Lake City News, Sports, Archive - The Salt Lake Tribune". www.sltrib.com. Archived from the original on 2010-03-04. Retrieved 2011-12-23.
  10. ^ Deseret News, May 3, 2003

External links

Legal offices
Preceded by
David Keith Winder
Judge of the United States District Court for the District of Utah
1997–2009
Succeeded by