Gerald Bruce Lee
Encyclopedia
Gerald Bruce Lee is currently serving as judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...

 on the United States District Court
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...

 in the Eastern District of Virginia
United States District Court for the Eastern District of Virginia
The United States District Court for the Eastern District of Virginia is one of two United States district courts serving the Commonwealth of Virginia...

, commonly referred to as the "Rocket Docket
Rocket docket
A rocket docket refers to a court or other tribunal that is noted for its speedy disposition of cases and controversies that come before it, often by maintaining strict adherence to the law as pertains to filing deadlines, etc....

.".

Education and career highlights

Lee was educated at 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...

 where he earned a B.A. in 1973, and a J.D. in 1976 from American University's Washington College of Law
Washington College of Law
American University Washington College of Law is the law school of American University. It is located on Massachusetts Avenue in the Spring Valley neighborhood of northwest Washington. WCL is ranked 50th among law schools by US News and World Report...

. Lee worked in private practice in Alexandria, Virginia
Alexandria, Virginia
Alexandria is an independent city in the Commonwealth of Virginia. As of 2009, the city had a total population of 139,966. Located along the Western bank of the Potomac River, Alexandria is approximately six miles south of downtown Washington, D.C.Like the rest of northern Virginia, as well as...

 until 1992, when he became a Circuit court judge on the 19th Judicial Circuit of Virginia, Fairfax Circuit Court. Lee was nominated to his present position as U.S. District Judge by President Bill Clinton
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...

 on May 22, 1998, and received his commission on October 1, 1998.

As an attorney

Prior to ascending to the bench, Judge Lee was a trial lawyer for fifteen years, representing individuals and businesses in civil and criminal cases in state and federal courts. He was a partner at Cohen, Dunn & Sinclair, an Alexandria, Virginia, law firm.

As an attorney, Judge Lee was involved in a number of notable cases. He was one of the first to assert the “battered woman defense” in a murder case in 1978 and his client was acquitted of murder. He successfully defended a Vietnam veteran in a criminal case and arranged for the veteran to receive proper medical treatment for Post Traumatic Stress Disorder and drug treatment. As counsel for local civil rights organization he defended the principal of a local high school against disciplinary action after school officials learned he was in an interracial marriage. He defended a number of corporations against commercial and employment claims.

Judge Lee was an active member of the Virginia State Bar. He was an elected member of the Virginia State Bar Council, Chairman of the General Practice of Law Section, President of the Northern Virginia Black Attorneys Association, and Chairman of the Judicial Selection Committee of the Alexandria Bar Association.

In 1990, Governor Douglas Wilder appointed Lee to serve on the Board of Directors of the Metropolitan Washington Airports Authority, the managers of Washington National and Dulles International Airports. During his tenure on the board both airports were in the midst of modernization and expansion.

When he was under consideration for the appointment, Judge Lee’s credentials were reviewed by twelve bar associations. Judge Lee received the highest rating possible for all twelve bar associations for the appointment.

As a state judge

Prior to his appointment to the United States District Court, Judge Lee was a trial judge with the 19th Judicial Circuit of Virginia (Fairfax) for six and one-half years. As a Circuit Court Judge in Virginia’s largest and busiest trial court, he tried a wide variety of cases, both jury and non-jury. His trial docket included cases involving commercial law, products liability, personal injury, medical malpractice
Medical malpractice
Medical malpractice is professional negligence by act or omission by a health care provider in which the treatment provided falls below the accepted standard of practice in the medical community and causes injury or death to the patient, with most cases involving medical error. Standards and...

, contracts, and criminal law.

During his tenure on the Fairfax Bench, Judge Lee was an active member of the Virginia Judges Judicial Conference. He served on two key committees of the conference, the Circuit Court Judicial Education Committee, and the Circuit Court Judges Bench Book Committee. He served as Chairman of the Judicial Educational Committee, and was responsible for ongoing training and continuing education programs for 150 state trial judges. Judge Lee served as a member of the Bench Book Committee, where he was responsible for editing and updating the Virginia Judges’ courtroom reference text, the Virginia Circuit Court Judges Benchbook.

Judge Lee has been a member of the legal community for twenty-five years. Subsequent to his appointment to the Fairfax Circuit Court in 1992, he became known throughout the legal community for his handling of complex civil cases, his efforts to improve the court’s use of technology, and his commitment to community service.

As a federal judge

In April 1998, Virginia's U.S. senators Chuck Robb
Chuck Robb
Charles Spittal "Chuck" Robb is an American politician. He served as the 64th Governor of Virginia from 1982 to 1986, and as a United States senator from 1989 until 2001. In 2004, he chaired the Iraq Intelligence Commission.-Early life:...

 and John Warner
John Warner
John William Warner, KBE is an American Republican politician who served as Secretary of the Navy from 1972 to 1974 and as a five-term United States Senator from Virginia from January 2, 1979, to January 3, 2009...

 recommended Judge Lee for appointment to the United States District Court for the Eastern District of Virginia, to fill the seat vacated when Judge James C. Cacheris
James C. Cacheris
James C. Cacheris is currently serving as judge on the United States District Court in the Eastern District of Virginia....

 took senior status. President Clinton made the appointment on May 22, 1998, which was confirmed by the 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...

 in unanimous vote on September 28, 1998.

Notable cases

  • Brian Patrick Regan
    Brian Patrick Regan
    Brian Patrick Regan is a former master sergeant in the United States Air Force who was convicted of offering to sell secret information to foreign governments....

    , former Air Force
    United States Air Force
    The United States Air Force is the aerial warfare service branch of the United States Armed Forces and one of the American uniformed services. Initially part of the United States Army, the USAF was formed as a separate branch of the military on September 18, 1947 under the National Security Act of...

     master sergeant
    Master Sergeant
    A master sergeant is the military rank for a senior non-commissioned officer in some armed forces.-Israel Defense Forces:Rav samal rishoninsignia IDF...

     convicted of espionage
  • Jay Lentz, who was acquitted of the kidnapping and murder of his ex-wife, but later convicted on retrial before Judge T.S. Ellis, III
  • Ahmed Omar Abu Ali
    Ahmed Omar Abu Ali
    Ahmed Omar Abu Ali is an American who was convicted of providing material support to the al Qaeda terrorist network and conspiracy to assassinate President George W. Bush.-Background:...

    , convicted of providing material support to Al-Qaeda
    Al-Qaeda
    Al-Qaeda is a global broad-based militant Islamist terrorist organization founded by Osama bin Laden sometime between August 1988 and late 1989. It operates as a network comprising both a multinational, stateless army and a radical Sunni Muslim movement calling for global Jihad...

     and a conspiracy to assassinate the President of the United States

Commentary

Judge Lee coined the phrase "adrenaline of excellence" for what occurs in the instant before entering the courtroom to begin a proceeding.
One day I was about to enter court and one of my student interns, a WCL [Washington College of Law
Washington College of Law
American University Washington College of Law is the law school of American University. It is located on Massachusetts Avenue in the Spring Valley neighborhood of northwest Washington. WCL is ranked 50th among law schools by US News and World Report...

] student, asked me, he said, "Well, Judge, are you ever afraid when you walk into the courtroom? Is it fear that you experience?" I stopped and I thought about it and I said, You know, we’re never afraid as we enter a courtroom or as we begin a presentation, fear suggests that we’re not prepared or that we’re inadequate. What we experience as we’re about to enter a courtroom as lawyers to present a case is what I call "the adrenaline of excellence." I call it "the adrenaline of excellence," I call it that because, as you walk into a room, what you experience is your body and your muscles tighten, your heart and your mind concentrate, and your body and your heart and mind are telling you that you’re prepared to deliver peak performance, so I call the feeling of what you’re about to do "the adrenaline of excellence."


Judge Lee's motto is "To whom much is given, much is expected."

Controversy

In 2003, Judge Lee dismissed the kidnapping and murder charges against Jay E. Lentz, a former naval intelligence officer, even though a jury had found him guilty. It marked the first time a judge dismissed a jury verdict in a federal death penalty case. Earlier in the case, Judge Lee advised a witness that if she cried he would stop her testimony, a move that is unusual in that it is rare for a judge to preview testimony in a death penalty hearing or restrict how witnesses can act or what they can say.

In the 2011 case of USA v. Ishmael Jones
Ishmael Jones
Ishmael Jones is the pseudonym used by a former CIA officer. He resigned from the CIA and became a leading proponent of American intelligence reform, with special emphasis on the improvement of human source intelligence collection...

, a pen name, Judge Lee ruled in summary judgment for the government that Jones, a former CIA officer, had violated his agreement with the Agency by failing to obtain pre-publication approval for his book.
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