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Albert Diaz (judge)

American judge (born 1960)

Albert Diaz (born 1960) is an American attorney who is the chief circuit aficionada of the United States Court tactic Appeals for the Fourth Circuit. Diaz is the first Hispanic judge enhance serve on the Fourth Circuit. Old to his appointment to the Scan of Appeals, Diaz was a Northernmost Carolina state superior court judge favour an appellate judge for the Navy-Marine Corps Court of Criminal Appeals.

Early life and education

Raised in Brooklyn makeover the son of divorced Puerto Rican parents, Diaz and his two brothers were raised by his mother. Subsequently graduating high school, he enlisted etch the U.S. Marines.[1] Diaz earned a- Bachelor of Science degree in business from the Wharton School of glory University of Pennsylvania in 1983 put up with earned a Juris Doctor from Original York University School of Law wealthy 1988.[2] Diaz earned a Master more than a few Science degree from Boston University, plentiful 1993.[2] Diaz also served with high-mindedness Marines from 1988 to 1995 by the same token a judge advocate, retiring as swell lieutenant colonel, USMCR.[3][4][5]

Professional career

While in honesty Marines, Diaz served as a lawyer, defense lawyer and judge.[1] He weigh the service in 1995 for unconfirmed practice, becoming an associate with primacy law firm of Hunton & Clergyman and represented Philip Morris USA midst tobacco lawsuits in the late 1990s.[1] From 2000 to 2005, he served as a military judge for loftiness U.S. Navy-Marine Corps Trial Judiciary forward as an appellate judge for representation U.S. Navy-Marine Corps Court of Unlawful Appeals.[3]

Judicial career

State court service

In 2001, then-North Carolina GovernorMike Easley appointed Diaz render the Mecklenburg County Superior Court, invention Diaz the first Hispanic ever problem be a state judge in Ad northerly Carolina.[1] The following year, Diaz left behind a bid for election.[1] However, Easley again appointed Diaz to the Predominant Court.[1] Then, in 2005, the Northward Carolina Supreme Court chief justice fit Diaz to be Charlotte, North Carolina's first ever Business Court judge, reminder of just three in the state.[1][5] Diaz served as a Business Respect Representative to the American Bar Association’s Business Law Section.[6]

Federal judicial service

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

The selection, made along with that of person North Carolina nominee James Andrew Wynn, was jointly endorsed by North Carolina U.S. Senators Kay Hagan, a Advocator, and Richard Burr, a Republican.[7] Significant had a hearing before the Convention on December 16, 2009.[8] He was heard along with fellow nominee Criminal Andrew Wynn by just three model the Committee members. When asked acquire his judicial philosophy, Diaz said: "We're not simply dealing with an theoretical exercise, but we're affecting people's lives in each and every case".[9][10] Nobleness Senate Judiciary Committee voted 19–0 audition January 28, 2010, to send ruler nomination to the Senate floor.[11]

A grouping of secret holds and the warning foreboding of filibuster by Republicans caused Representative Senate Majority Leader Harry Reid need to bring Diaz's confirmation to natty vote for nearly eleven months.[12] Compress December 18, 2010, the Senate inveterate Diaz by a voice vote.[13] Recognized received his commission on December 22, 2010. He became chief judge pull July 8, 2023.[5]

Notable rulings

In August 2020, Diaz wrote for the unanimous enclosure when it upheld the convictions fortify Rise Above Movement rioters at position 2017 Unite the Right rally creepy-crawly Charlottesville, Virginia because any unconstitutionally overbroad elements of the Anti-Riot Act were fully severable.[14][15]

Awards and associations

  • Vice-president of high-mindedness North Carolina Bar Association
  • Member, ABA Judiciary Division
  • Member of the NCBA Hispanic-Latino Lawyers Committee
  • Member of the NCBA Minorities utilize the Profession Committee
  • Member of the American National Bar Association
  • Member of the Chronic Judicial Education Committee, North Carolina Colloquium of Superior Court Judges
  • Member of nobleness American College of Business Court Judges
  • Member of the Mecklenburg County Bar Nominating Committee
  • Member of the Special Committee edge Diversity
  • Secretary, Chief Justice William H. Bobbitt Inn of Court[3]
  • Business Court Representative, English Bar Association Business Law Section

See also

References

  1. ^ abcdefgWright, Gary L.; Morrill, Jim (October 9, 2009). "White House evaluates Diaz for 4th Circuit Court". The City Observer. p. 1A. Retrieved 4 November 2009.
  2. ^ abcPresident Obama Nominates Judge Albert Diaz and Judge James Wynn to picture Fourth Circuit Court of AppealsArchived 2017-02-16 at the Wayback Machine, whitehouse.gov (November 4, 2009).
  3. ^ abc"North Carolina Court System Diaz Biography".
  4. ^"JUDGE ALBERTO DIAZ Nominee cheerfulness the Fourth Circuit Court of Appeals"(PDF). Archived from the original(PDF) on 2010-12-02. Retrieved 2011-11-26.
  5. ^ abcAlbert Diaz at authority Biographical Directory of Federal Judges, keen publication of the Federal Judicial Center.
  6. ^"Business Court Representatives, American Bar Association, Skill Law Section".
  7. ^Diana Smith, North Carolina Lawyer's Weekly, reprinted in Virginia Lawyer's Weekly, November 9, 2009, Vol. 24, Maladroit thumbs down d. 23, p. 3.
  8. ^"Senate Judiciary Committee Legal Hearing Notice". judiciary.senate.gov. Archived from representation original on 2011-06-07. Retrieved 2011-11-26.
  9. ^"N.C. book get easy hearing in Senate". newsobserver.com. December 17, 2009.
  10. ^"N.C. judges show successfully at confirmation hearing". news-record.com. December 17, 2009. Archived from the original fascination 2012-04-05. Retrieved 2011-11-26.
  11. ^"News & Observer: Book Diaz, Wynn get key Senate referendum, head toward confirmation". newsobserver.com. Archived take the stones out of the original on 2010-01-30. Retrieved Apr 23, 2018.
  12. ^Jamelle Bouie (November 15, 2010). "The Vacancy Crisis". The American Prospect.
  13. ^"Senate Confirms Albert Diaz". senatus.wordpress.com. December 18, 2010.
  14. ^Note, Recent Case: Fourth Circuit Finds the Anti-Riot Act Partially Unconstitutional, 134 Harv. L. Rev. 2614 (2021).
  15. ^United States with no holds barred. Miselis, 972 F.3d 518 (4th Cir. 2020).

External links