Charles Bernard Day
Encyclopedia
Charles Bernard Day is a United States magistrate judge and former nominee to be a United States district judge on the United States District Court for the District of Maryland
. His nomination to a life-tenure, federal district court judgeship during 2010 and 2011 ran aground amid opposition from Republican senators, who objected to moving forward with a United States Senate Committee on the Judiciary
hearing on his nomination after what were reported to be "insurmountable concerns" by Republicans over matters raised during Day's background investigation.
, Day earned a bachelor's degree in criminal justice from the University of Maryland
in 1978, a master's degree in judicial administration in 1980 from American University
and a law degree in 1984 from the University of Maryland School of Law
.
. In 1989, he joined the Washington, D.C. law firm Sherman, Meehan, Curtin & Ain, working as a civil litigation attorney with a firm, being promoted to partner in 1995.
to take senior status
. Day's nomination lapsed at the end of 2010, and President Obama renominated him on January 5, 2011.
However, Day's nomination languished for more than a year, and he never received a hearing before the United States Senate Committee on the Judiciary
, which is the standard procedure for a judicial nominee in order to be considered for a floor vote before the full Senate. NPR
commented on the delay in an August 4, 2011 article, stating that "Some of the longest waiting nominees, Louis Butler of Wisconsin, Charles Bernard Day of Maryland and Edward Dumont
of Washington happen to be black or openly gay". Without comment, Obama withdrew Day's nomination on October 31, 2011.
After Day's nomination was withdrawn, a spokeswoman for U.S. Sen. Charles Grassley, the ranking member
of the U.S. Senate Judiciary Committee, told the Blog of Legal Times in an e-mail that some committee members had "insurmountable concerns" about matters raised during Day's background investigation. Those concerns, which the spokeswoman declined to elaborate on, were what prompted Republican senators to block a committee hearing on Day. The spokeswoman also told the Blog of Legal Times that Day "is aware of those problems and is free to share that information if he so desires."
In the wake of the failed nomination, Maryland's two Democratic senators, Barbara Mikulski
and Ben Cardin
, issued a joint statement stating that they were "very disappointed" that Day's nomination had stalled in committee. "Judge Day is an extraordinary jurist, greatly respected by the Maryland legal community," the statement read. "He has the experience and qualities that are needed in our judges. He also understands the day to day lives of ordinary Americans, and the need for their rights to be protected."
United States District Court for the District of Maryland
The United States District Court for the District of Maryland is the Federal district court whose jurisdiction is the state of Maryland....
. His nomination to a life-tenure, federal district court judgeship during 2010 and 2011 ran aground amid opposition from Republican senators, who objected to moving forward with a United States Senate Committee on the Judiciary
United States Senate Committee on the Judiciary
The United States Senate Committee on the Judiciary is a standing committee of the United States Senate, of the United States Congress. The Judiciary Committee, with 18 members, is charged with conducting hearings prior to the Senate votes on confirmation of federal judges nominated by the...
hearing on his nomination after what were reported to be "insurmountable concerns" by Republicans over matters raised during Day's background investigation.
Early life and education
Born in Dothan, AlabamaDothan, Alabama
Dothan is a city located in the southeastern corner of the US state of Alabama, situated approximately west of the Georgia state line and north of Florida. It is the seat of Houston County, with portions extending into nearby Dale County and Henry County...
, Day earned a bachelor's degree in criminal justice from the University of Maryland
University of Maryland
When the term "University of Maryland" is used without any qualification, it generally refers to the University of Maryland, College Park.University of Maryland may refer to the following:...
in 1978, a master's degree in judicial administration in 1980 from American University
American University
American University is a private, Methodist, liberal arts, and research university in Washington, D.C. The university was chartered by an Act of Congress on December 5, 1892 as "The American University", which was approved by President Benjamin Harrison on February 24, 1893...
and a law degree in 1984 from the University of Maryland School of Law
University of Maryland School of Law
The University of Maryland Francis King Carey School of Law is the second-oldest law school in the United States by date of establishment and third-oldest by date of first classes. The school is located on the campus of the University of Maryland, Baltimore in Downtown Baltimore's West Side...
.
Professional career
Day began his legal career in 1985 as an assistant state's attorney for Montgomery County, MarylandMontgomery County, Maryland
Montgomery County is a county in the U.S. state of Maryland, situated just to the north of Washington, D.C., and southwest of the city of Baltimore. It is one of the most affluent counties in the United States, and has the highest percentage of residents over 25 years of age who hold post-graduate...
. In 1989, he joined the Washington, D.C. law firm Sherman, Meehan, Curtin & Ain, working as a civil litigation attorney with a firm, being promoted to partner in 1995.
Work as a magistrate judge
In 1997, Day was appointed by the judges on the United States District Court for the District of Maryland to be a federal magistrate judge.Nomination to federal district court
On July 21, 2010, President Obama nominated Day to a judicial seat on the United States District Court for the District of Maryland, to fill the vacancy created by the Judge Peter Jo MessittePeter Jo Messitte
Peter Jo Messitte is a United States federal judge.Born in Washington, D.C., Messitte received a B.A. from Amherst College in 1963 and a J.D. from the University of Chicago Law School in 1966. He was a Peace Corps volunteer in São Paulo, Brazil from 1966 to 1968...
to take 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...
. Day's nomination lapsed at the end of 2010, and President Obama renominated him on January 5, 2011.
However, Day's nomination languished for more than a year, and he never received a hearing before the United States Senate Committee on the Judiciary
United States Senate Committee on the Judiciary
The United States Senate Committee on the Judiciary is a standing committee of the United States Senate, of the United States Congress. The Judiciary Committee, with 18 members, is charged with conducting hearings prior to the Senate votes on confirmation of federal judges nominated by the...
, which is the standard procedure for a judicial nominee in order to be considered for a floor vote before the full Senate. NPR
NPR
NPR, formerly National Public Radio, is a privately and publicly funded non-profit membership media organization that serves as a national syndicator to a network of 900 public radio stations in the United States. NPR was created in 1970, following congressional passage of the Public Broadcasting...
commented on the delay in an August 4, 2011 article, stating that "Some of the longest waiting nominees, Louis Butler of Wisconsin, Charles Bernard Day of Maryland and Edward Dumont
Edward C. DuMont
Edward Carroll DuMont is an American lawyer who in 2010 and 2011 had been nominated by President Barack Obama to a seat on the United States Court of Appeals for the Federal Circuit. In November 2011, however, DuMont sent a letter to President Obama asking him to withdraw his nomination to the...
of Washington happen to be black or openly gay". Without comment, Obama withdrew Day's nomination on October 31, 2011.
After Day's nomination was withdrawn, a spokeswoman for U.S. Sen. Charles Grassley, the ranking member
Ranking member
In United States politics, a ranking member is the second-most senior member of a congressional or state legislative committee from the majority party. Another usage refers to the most senior member of a congressional or state legislative committee from the minority party. This second usage, often...
of the U.S. Senate Judiciary Committee, told the Blog of Legal Times in an e-mail that some committee members had "insurmountable concerns" about matters raised during Day's background investigation. Those concerns, which the spokeswoman declined to elaborate on, were what prompted Republican senators to block a committee hearing on Day. The spokeswoman also told the Blog of Legal Times that Day "is aware of those problems and is free to share that information if he so desires."
In the wake of the failed nomination, Maryland's two Democratic senators, Barbara Mikulski
Barbara Mikulski
Barbara Ann Mikulski is the senior United States Senator from Maryland and a member of the Democratic Party. Mikulski, a former U.S. Representative, is the longest-serving female senator in U.S...
and Ben Cardin
Ben Cardin
Benjamin Louis "Ben" Cardin is the junior United States Senator from Maryland and a member of the Democratic Party. Before his election to the Senate, Cardin was a member of the United States House of Representatives, representing from 1987 to 2007.Cardin was elected to succeed Paul Sarbanes in...
, issued a joint statement stating that they were "very disappointed" that Day's nomination had stalled in committee. "Judge Day is an extraordinary jurist, greatly respected by the Maryland legal community," the statement read. "He has the experience and qualities that are needed in our judges. He also understands the day to day lives of ordinary Americans, and the need for their rights to be protected."