Albert Diaz (judge)
Encyclopedia
Albert Diaz is a judge on the United States Court of Appeals for the Fourth Circuit
. Diaz is the first Hispanic judge to serve the Fourth Circuit. Prior to his appointment to the U.S. 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.
as the son of divorced Puerto Rican parents, Diaz and his two brothers were raised by his mother. After graduating high school, he enlisted in the Marines
.
Diaz earned a bachelor's degree in economics from the Wharton School of the University of Pennsylvania
in 1983 and earned a law degree from New York University School of Law
in 1988. Diaz earned a master of business administration degree from Boston University
, in 1993. Diaz also served with the Marines from 1988-1995 as a Judge Advocate for the U.S. Marines, retiring as a Lt. Colonel, USMCR.
and represented Philip Morris USA
during tobacco lawsuits in the late 1990s. Also from 2000-2005 Diaz 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.
appointed Diaz to the North Carolina Superior Court
, making Diaz the first Hispanic ever to be a state judge in North Carolina. The following year, Diaz lost a bid for election. However, Easley again appointed Diaz to the Superior Court. 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.
nominated Diaz to be a judge on the United States Court of Appeals for the Fourth Circuit
, to replace Judge William Walter Wilkins
, who had taken senior status
in July 2007 and later retired. Diaz was nominated to the seat to which Steve A. Matthews
previously had been nominated by President George W. Bush
. The nomination, made along with that of fellow North Carolina nominee James A. Wynn, Jr.
, was jointly endorsed by North Carolina senators Kay Hagan, a Democrat, and Richard Burr
, a Republican. The Senate Judiciary Committee voted 19-0 on Jan. 28, 2010 to send his nomination to the Senate floor. 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. Finally, on Dec. 18, 2010, the Senate confirmed Diaz by voice vote.
Diaz received a unanimous vote from the Senate Judiciary Committee to forward his nomination to the full Senate.
He had a hearing before the Committee on December 16, 2009. He was heard along with fellow nominee James 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". They reported him to the Senate on January 28, 2010 and the Senate confirmed his nomination on December 18, 2010.
United States Court of Appeals for the Fourth Circuit
The United States Court of Appeals for the Fourth Circuit is a federal court located in Richmond, Virginia, with appellate jurisdiction over the district courts in the following districts:*District of Maryland*Eastern District of North Carolina...
. Diaz is the first Hispanic judge to serve the Fourth Circuit. Prior to his appointment to the U.S. Court of Appeals, Diaz was a North Carolina
North Carolina
North Carolina is a state located in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north. North Carolina contains 100 counties. Its capital is Raleigh, and its largest city is Charlotte...
state superior court judge and an Appellate Judge for the Navy-Marine Corps Court of Criminal Appeals.
Early life and education
Raised in BrooklynBrooklyn
Brooklyn is the most populous of New York City's five boroughs, with nearly 2.6 million residents, and the second-largest in area. Since 1896, Brooklyn has had the same boundaries as Kings County, which is now the most populous county in New York State and the second-most densely populated...
as the son of divorced Puerto Rican parents, Diaz and his two brothers were raised by his mother. After graduating high school, he enlisted in the Marines
United States Marine Corps
The United States Marine Corps is a branch of the United States Armed Forces responsible for providing power projection from the sea, using the mobility of the United States Navy to deliver combined-arms task forces rapidly. It is one of seven uniformed services of the United States...
.
Diaz earned a bachelor's degree in economics from the Wharton School of the University of Pennsylvania
Wharton School of the University of Pennsylvania
The Wharton School is the business school of the University of Pennsylvania, an Ivy League university in Philadelphia, Pennsylvania. Wharton was the world’s first collegiate business school and the first business school in the United States...
in 1983 and earned a law degree from New York University School of Law
New York University School of Law
The New York University School of Law is the law school of New York University. Established in 1835, the school offers the J.D., LL.M., and J.S.D. degrees in law, and is located in Greenwich Village, in the New York City borough of Manhattan....
in 1988. Diaz earned a master of business administration degree from Boston University
Boston University
Boston University is a private research university located in Boston, Massachusetts. With more than 4,000 faculty members and more than 31,000 students, Boston University is one of the largest private universities in the United States and one of Boston's largest employers...
, in 1993. Diaz also served with the Marines from 1988-1995 as a Judge Advocate for the U.S. Marines, retiring as a Lt. Colonel, USMCR.
Professional career
While in the Marines, Diaz served as a prosecutor, defense lawyer and judge. He left the service in 1995 for private practice, becoming an associate with the law firm of Hunton & WilliamsHunton & Williams
Founded in 1901, Hunton & Williams LLP is a US law firm that employs more than 800 lawyers. It has been called "one of the most well-connected legal and lobbying firms in DC." The firm was founded in Richmond, Virginia and has 18 other offices throughout the United States, Europe, and Asia. In...
and represented Philip Morris USA
Philip Morris USA
Philip Morris USA is the United States tobacco division of Altria Group, Inc. Philip Morris USA brands include Marlboro, Virginia Slims, Benson and Hedges, Merit, Parliament, Alpine, Basic, Cambridge, Bucks, Dave's, Chesterfield, Collector's Choice, Commander, English Ovals, Lark, L&M, Players and...
during tobacco lawsuits in the late 1990s. Also from 2000-2005 Diaz 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.
Work as a judge in North Carolina
In 2001, then-North Carolina Gov. Mike EasleyMike Easley
Michael Francis "Mike" Easley is an American politician who served as the 72nd Governor of the U.S. state of North Carolina, from 2001 to 2009. He is member of the North Carolina Democratic Party and became the first North Carolina governor to admit to a felony in a deal that halted a lengthy...
appointed Diaz to the North Carolina Superior Court
Courts of North Carolina
Courts of North Carolina include:State courts of North Carolina*North Carolina Supreme Court**North Carolina Court of Appeals***North Carolina Superior Court ***North Carolina District Courts...
, making Diaz the first Hispanic ever to be a state judge in North Carolina. The following year, Diaz lost a bid for election. However, Easley again appointed Diaz to the Superior Court. Then, in 2005, the North Carolina Supreme Court
North Carolina Supreme Court
The Supreme Court of North Carolina is the state's highest appellate court. Until the creation of the North Carolina Court of Appeals in the 1960s, it was the state's only appellate court. The Supreme Court consists of six associate justices and one chief justice, although the number of justices...
Chief Justice appointed Diaz to be Charlotte, North Carolina
Charlotte, North Carolina
Charlotte is the largest city in the U.S. state of North Carolina and the seat of Mecklenburg County. In 2010, Charlotte's population according to the US Census Bureau was 731,424, making it the 17th largest city in the United States based on population. The Charlotte metropolitan area had a 2009...
's first ever Business Court judge, one of just three in the state.
Nomination to the Fourth Circuit
On November 4, 2009, President Barack ObamaBarack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
nominated Diaz to be a judge on the United States Court of Appeals for the Fourth Circuit
United States Court of Appeals for the Fourth Circuit
The United States Court of Appeals for the Fourth Circuit is a federal court located in Richmond, Virginia, with appellate jurisdiction over the district courts in the following districts:*District of Maryland*Eastern District of North Carolina...
, to replace Judge William Walter Wilkins
William Walter Wilkins
William Walter Wilkins is a former United States federal judge.Born in Anderson, South Carolina, Wilkins received a B.A. from Davidson College in 1964 and a J.D. from the University of South Carolina Law School in 1967. He served on active duty for two years, in active reserves, and the South...
, who had taken senior status
Senior status
Senior status is a form of semi-retirement for United States federal judges, and judges in some state court systems. After federal judges have reached a certain combination of age and years of service on the federal courts, they are allowed to assume senior status...
in July 2007 and later retired. Diaz was nominated to the seat to which Steve A. Matthews
Steve A. Matthews
Steve A. Matthews is an American lawyer and unsuccessful nominee to the United States Court of Appeals for the Fourth Circuit.-Background:...
previously had been nominated by President George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
. The nomination, made along with that of fellow North Carolina nominee James A. Wynn, Jr.
James A. Wynn, Jr.
James Andrew Wynn, Jr. is an American jurist, currently a judge on the U.S. Court of Appeals for the Fourth Circuit and formerly on both the North Carolina Court of Appeals and the North Carolina Supreme Court....
, was jointly endorsed by North Carolina senators Kay Hagan, a Democrat, and Richard Burr
Richard Burr
Richard Mauze Burr is the senior United States Senator from North Carolina and a member of the Republican Party. Previously, Burr represented North Carolina's 5th congressional district in the United States House of Representatives....
, a Republican. The Senate Judiciary Committee voted 19-0 on Jan. 28, 2010 to send his nomination to the Senate floor. 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. Finally, on Dec. 18, 2010, the Senate confirmed Diaz by voice vote.
Judiciary Committee hearing
Diaz received a unanimous vote from the Senate Judiciary Committee to forward his nomination to the full Senate.
He had a hearing before the Committee on December 16, 2009. He was heard along with fellow nominee James 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". They reported him to the Senate on January 28, 2010 and the Senate confirmed his nomination on December 18, 2010.
Awards and Associations
- Vice-President of the North Carolina Bar Association
- Member, ABA Judicial Division
- Member of the NCBA Hispanic-Latino Lawyers Committee
- Member of the NCBA Minorities in the Profession Committee
- Member of the Hispanic National Bar Association
- Member of the Continuing Judicial Education Committee, North Carolina Conference of Superior Court Judges
- Member of the American College of Business Court Judges
- Member of the Mecklenburg County Bar Nominating Committee
- Member of the Special Committee on Diversity
- Secretary, Chief Justice William H. BobbittWilliam H. BobbittWilliam Haywood Bobbitt , was an American jurist and Chief Justice of the North Carolina Supreme Court. Bobbitt was born in 1900 in Raleigh, North Carolina and earned his law degree at the University of North Carolina at Chapel Hill.Bobbitt was elected a Superior Court judge and served with...
Inn of Court