Arthur J. Schwab
Encyclopedia
Early life, education, and career
Born in Pittsburgh, PennsylvaniaPittsburgh, Pennsylvania
Pittsburgh is the second-largest city in the US Commonwealth of Pennsylvania and the county seat of Allegheny County. Regionally, it anchors the largest urban area of Appalachia and the Ohio River Valley, and nationally, it is the 22nd-largest urban area in the United States...
, Schwab received an A.B.
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
from Grove City College
Grove City College
Grove City College is a Christian liberal arts college in Grove City, Pennsylvania, about north of Pittsburgh. According to the College Bulletin, its stated three-fold mission is to provide an excellent education at an affordable price in a thoroughly Christian environment...
, Pennsylvania in 1968 and a J.D.
Juris Doctor
Juris Doctor is a professional doctorate and first professional graduate degree in law.The degree was first awarded by Harvard University in the United States in the late 19th century and was created as a modern version of the old European doctor of law degree Juris Doctor (see etymology and...
from the University of Virginia School of Law
University of Virginia School of Law
The University of Virginia School of Law was founded in Charlottesville in 1819 by Thomas Jefferson as one of the original subjects taught at his "academical village," the University of Virginia. The law school maintains an enrollment of approximately 1,100 students in its initial degree program...
in 1972. He was in the U.S. National Guard from 1968 to 1978, and was a law clerk
Law clerk
A law clerk or a judicial clerk is a person who provides assistance to a judge in researching issues before the court and in writing opinions. Law clerks are not court clerks or courtroom deputies, who are administrative staff for the court. Most law clerks are recent law school graduates who...
in a Pennsylvania
Pennsylvania
The Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to...
private practice in 1972, and to Chief Judge Collins J. Seitz
Collins J. Seitz
Collins Jacques Seitz was a judge on the United States Court of Appeals for the Third Circuit from 1966 until his death in 1998....
of the United States Court of Appeals for the Third Circuit
United States Court of Appeals for the Third Circuit
The United States Court of Appeals for the Third Circuit is a federal court with appellate jurisdiction over the district courts for the following districts:* District of Delaware* District of New Jersey...
from 1972 to 1973. He was in private practice in Pennsylvania from 1973 to 2002. He began teaching as an adjunct professor at Grove City College
Grove City College
Grove City College is a Christian liberal arts college in Grove City, Pennsylvania, about north of Pittsburgh. According to the College Bulletin, its stated three-fold mission is to provide an excellent education at an affordable price in a thoroughly Christian environment...
, Pennsylvania, in 2001.
Federal judicial service
On January 23, 2002, Schwab was nominated by President George W. BushGeorge 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....
to a seat on the United States District Court for the Western District of Pennsylvania
United States District Court for the Western District of Pennsylvania
The United States District Court for the Western District of Pennsylvania sits in Pittsburgh, Erie, and Johnstown, Pennsylvania. It is composed of ten judges as authorized by federal law. The Honorable Judge Gary L. Lancaster is currently Chief Judge of the Western Pennsylvania District...
vacated by Maurice B. Cohill, Jr.. Schwab was confirmed by the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
on September 13, 2002, and received his commission on September 17, 2002. It was Schwab, who in 2003, presided over the case involving Tommy Chong for conspiracy to distribute drug paraphernalia (bongs) , and sentenced him to nine months in federal prison, as well as a hefty financial penalty.
The Cyril Wecht Case
Schwab presided over and was eventually removed from the Cyril WechtCyril Wecht
Dr. Cyril Harrison Wecht is an American forensic pathologist. He has been a consultant in numerous high-profile cases, but is perhaps best known for his criticism of the Warren Commission's findings concerning the assassination of John F...
federal trial, a case that caused considerable controversy. The defendant, a prominent Democrat in Pennsylvania, alleged that Judge Schwab was biased and the prosecution was political in nature and sought to have Judge Schwab removed, but was turned down. Among the controversial decisions that Schwab made was seeking to keep the names of jurors anonymous, a tactic usually reserved for criminal cases where the jurors may be in danger. This was overturned by the Third Circuit Court of Appeals.
After Judge Schwab declared the original trial a mistrial, he was criticized for not following proper procedures before declaring a mistrial, such as polling the jury which would have determined if the defendant should be retried on all counts or just one.
One month later he was removed from presiding over the retrial. The Appellate court cited a "combative tenor" in the proceedings and hoped for "reduced level of rancor."
On May 14, 2009, the new judge in the case tossed out most of the evidence against Wecht stating it was seized under unconstitutional warrants
On June 2, all charges were dropped against Cyril Wecht.