Gerard E. Lynch
Encyclopedia
Gerard Edmund Lynch is a United States federal judge
on the United States Court of Appeals for the Second Circuit
. He was confirmed to that seat on September 17, 2009 after previously having been appointed in 2000 by President Bill Clinton
to serve on the United States District Court for the Southern District of New York
. Judge Lynch was the first appeals-court judge nominated by President Barack Obama
to win confirmation from the United States Senate
.
Lynch is also the Paul J. Kellner Professor of Law at Columbia Law School
.
in 1968. He received his A.B. from Columbia University
in 1972 and his J.D.
from Columbia Law School
in 1975. He joined the Columbia faculty in 1977, following judicial clerkships
for Judge Wilfred Feinberg
of the United States Court of Appeals for the Second Circuit
in 1975-76 and United States Supreme Court Justice William J. Brennan, Jr.
in 1976-77. He served as assistant U.S. attorney, Southern District of New York in 1980-83, prosecuting white-collar criminal cases and serving as chief appellate attorney. He returned to that office as chief of the criminal division in 1990-92. He was in private practice of law in New York City
from 1992 to 2000.
Lynch served as Vice Dean
of Columbia Law School from 1992 to 1997. He has been a visiting professor or lecturer at Hebrew University of Jerusalem
; National Police Academy (Tokyo
); University of Tokyo
; University of Buenos Aires
; the Leiden University
; and the University of Amsterdam. He was appointed counsel to numerous city, state, and federal commissions and special prosecutors investigating public corruption, including the Iran/Contra investigation, where among other responsibilities he briefed and argued the prosecution position in the appeal of Oliver North
. He briefed and argued cases in federal appellate courts, including the Supreme Court, and as a cooperating attorney with the American
and New York Civil Liberties Unions. He also has extensive experience as a defense attorney in state and federal cases.
Lynch is a member of the American Law Institute
, and of various bar associations and advisory committees. He has published and lectured on the federal racketeering laws, sentencing, plea bargaining and other aspects of criminal law, constitutional theory, and legal ethics. He received the student-voted Willis Reese Award for Excellence in Teaching in 1994, and in 1997 became the first member of the law faculty to receive the University-wide President's Award for Outstanding Teaching. His principal teaching and research areas include criminal law and procedure, sentencing, and professional responsibility.
to a seat on the United States District Court for the Southern District of New York
vacated by John E. Sprizzo
. After Lynch was nominated to the district court in 2000, some Senate Republicans expressed concerns that he was a judicial activist, citing a previous warning in writings by Lynch warning the legal community not to overemphasize words from "18th- and 19th-century dictionaries" when interpreting the United States Constitution
. However, as part of a deal between Senate Democrats and Republicans that also paved the way for a vote to confirm Clinton's nomination of Republican Bradley A. Smith
to the Federal Election Commission
and United States Court of Appeals for the Federal Circuit
nominee Timothy B. Dyk
, Lynch was confirmed by the United States Senate
on May 24, 2000 in a 63-36 vote, and he received his commission the following day.
As a district court judge, Lynch presided over the perjury
trial of rap artist Lil' Kim
in 2005. He sentenced her to a year and a day in jail.http://web.archive.org/web/20060214105230/http://abcnews.go.com/Entertainment/wireStory?id=916248&CMP=OTC-RSSFeeds0312 Judge Lynch is also an active participant in Legal Outreach, a non-for-profit organization in which he mentors inner-city kids in New York.
On April 2, 2009, President Barack Obama
nominated Lynch to a seat on the United States Court of Appeals for the Second Circuit
vacated when Chester J. Straub
assumed senior status
. Lynch was confirmed by the United States Senate
to the United States Court of Appeals for the Second Circuit
on September 17, 2009, by a vote of 94-3, and received his commission the following day.
United States federal judge
In the United States, the title of federal judge usually means a judge appointed by the President of the United States and confirmed by the United States Senate in accordance with Article II of the United States Constitution....
on the United States Court of Appeals for the Second Circuit
United States Court of Appeals for the Second Circuit
The United States Court of Appeals for the Second Circuit is one of the thirteen United States Courts of Appeals...
. He was confirmed to that seat on September 17, 2009 after previously having been appointed in 2000 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...
to serve on the United States District Court for the Southern District of New York
United States District Court for the Southern District of New York
The United States District Court for the Southern District of New York is a federal district court. Appeals from the Southern District of New York are taken to the United States Court of Appeals for the Second Circuit The United States District Court for the Southern District of New York (in case...
. Judge Lynch was the first appeals-court judge nominated by President Barack Obama
Barack 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...
to win confirmation from 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...
.
Lynch is also the Paul J. Kellner Professor of Law at Columbia Law School
Columbia Law School
Columbia Law School, founded in 1858, is one of the oldest and most prestigious law schools in the United States. A member of the Ivy League, Columbia Law School is one of the professional graduate schools of Columbia University in New York City. It offers the J.D., LL.M., and J.S.D. degrees in...
.
Education and early career
Born in Brooklyn, New York, Lynch graduated from Regis High SchoolRegis High School (New York City)
Regis High School is a private Jesuit university-preparatory school for academically gifted Roman Catholic young men located on Manhattan's Upper East Side. Annual class enrollment is limited to approximately 135 male students from the New York, New Jersey, and Connecticut tri-state area...
in 1968. He received his A.B. from Columbia University
Columbia University
Columbia University in the City of New York is a private, Ivy League university in Manhattan, New York City. Columbia is the oldest institution of higher learning in the state of New York, the fifth oldest in the United States, and one of the country's nine Colonial Colleges founded before the...
in 1972 and his 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 Columbia Law School
Columbia Law School
Columbia Law School, founded in 1858, is one of the oldest and most prestigious law schools in the United States. A member of the Ivy League, Columbia Law School is one of the professional graduate schools of Columbia University in New York City. It offers the J.D., LL.M., and J.S.D. degrees in...
in 1975. He joined the Columbia faculty in 1977, following judicial clerkships
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...
for Judge Wilfred Feinberg
Wilfred Feinberg
Wilfred Feinberg is a Senior United States Circuit Judge of the U.S. Court of Appeals for the Second Circuit. He was Chief Judge of the Circuit from 1980 to 1988, and assumed senior status in 1991...
of the United States Court of Appeals for the Second Circuit
United States Court of Appeals for the Second Circuit
The United States Court of Appeals for the Second Circuit is one of the thirteen United States Courts of Appeals...
in 1975-76 and United States Supreme Court Justice William J. Brennan, Jr.
William J. Brennan, Jr.
William Joseph Brennan, Jr. was an American jurist who served as an Associate Justice of the United States Supreme Court from 1956 to 1990...
in 1976-77. He served as assistant U.S. attorney, Southern District of New York in 1980-83, prosecuting white-collar criminal cases and serving as chief appellate attorney. He returned to that office as chief of the criminal division in 1990-92. He was in private practice of law in New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
from 1992 to 2000.
Lynch served as Vice Dean
Dean (education)
In academic administration, a dean is a person with significant authority over a specific academic unit, or over a specific area of concern, or both...
of Columbia Law School from 1992 to 1997. He has been a visiting professor or lecturer at Hebrew University of Jerusalem
Hebrew University of Jerusalem
The Hebrew University of Jerusalem ; ; abbreviated HUJI) is Israel's second-oldest university, after the Technion – Israel Institute of Technology. The Hebrew University has three campuses in Jerusalem and one in Rehovot. The world's largest Jewish studies library is located on its Edmond J...
; National Police Academy (Tokyo
Tokyo
, ; officially , is one of the 47 prefectures of Japan. Tokyo is the capital of Japan, the center of the Greater Tokyo Area, and the largest metropolitan area of Japan. It is the seat of the Japanese government and the Imperial Palace, and the home of the Japanese Imperial Family...
); University of Tokyo
University of Tokyo
, abbreviated as , is a major research university located in Tokyo, Japan. The University has 10 faculties with a total of around 30,000 students, 2,100 of whom are foreign. Its five campuses are in Hongō, Komaba, Kashiwa, Shirokane and Nakano. It is considered to be the most prestigious university...
; University of Buenos Aires
University of Buenos Aires
The University of Buenos Aires is the largest university in Argentina and the largest university by enrollment in Latin America. Founded on August 12, 1821 in the city of Buenos Aires, it consists of 13 faculties, 6 hospitals, 10 museums and is linked to 4 high schools: Colegio Nacional de Buenos...
; the Leiden University
Leiden University
Leiden University , located in the city of Leiden, is the oldest university in the Netherlands. The university was founded in 1575 by William, Prince of Orange, leader of the Dutch Revolt in the Eighty Years' War. The royal Dutch House of Orange-Nassau and Leiden University still have a close...
; and the University of Amsterdam. He was appointed counsel to numerous city, state, and federal commissions and special prosecutors investigating public corruption, including the Iran/Contra investigation, where among other responsibilities he briefed and argued the prosecution position in the appeal of Oliver North
Oliver North
Oliver Laurence North is a retired U.S. Marine Corps officer, political commentator, host of War Stories with Oliver North on Fox News Channel, a military historian, and a New York Times best-selling author....
. He briefed and argued cases in federal appellate courts, including the Supreme Court, and as a cooperating attorney with the American
American Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...
and New York Civil Liberties Unions. He also has extensive experience as a defense attorney in state and federal cases.
Lynch is a member of the American Law Institute
American Law Institute
The American Law Institute was established in 1923 to promote the clarification and simplification of American common law and its adaptation to changing social needs. The ALI drafts, approves, and publishes Restatements of the Law, Principles of the Law, model codes, and other proposals for law...
, and of various bar associations and advisory committees. He has published and lectured on the federal racketeering laws, sentencing, plea bargaining and other aspects of criminal law, constitutional theory, and legal ethics. He received the student-voted Willis Reese Award for Excellence in Teaching in 1994, and in 1997 became the first member of the law faculty to receive the University-wide President's Award for Outstanding Teaching. His principal teaching and research areas include criminal law and procedure, sentencing, and professional responsibility.
Federal judicial service
On February 28, 2000, Lynch was nominated by President Bill ClintonBill 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...
to a seat on the United States District Court for the Southern District of New York
United States District Court for the Southern District of New York
The United States District Court for the Southern District of New York is a federal district court. Appeals from the Southern District of New York are taken to the United States Court of Appeals for the Second Circuit The United States District Court for the Southern District of New York (in case...
vacated by John E. Sprizzo
John E. Sprizzo
John Emilio Sprizzo was a federal judge for the United States District Court for the Southern District of New York.-Early life:...
. After Lynch was nominated to the district court in 2000, some Senate Republicans expressed concerns that he was a judicial activist, citing a previous warning in writings by Lynch warning the legal community not to overemphasize words from "18th- and 19th-century dictionaries" when interpreting the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
. However, as part of a deal between Senate Democrats and Republicans that also paved the way for a vote to confirm Clinton's nomination of Republican Bradley A. Smith
Bradley A. Smith
Bradley A. Smith is a professor at Capital University Law School, who was Commissioner, Vice Chairman and Chairman of the Federal Election Commission between 2000 and 2005 and is best known for his writing and activities opposing campaign finance regulation.-Academic career and influence:A...
to the Federal Election Commission
Federal Election Commission
The Federal Election Commission is an independent regulatory agency that was founded in 1975 by the United States Congress to regulate the campaign finance legislation in the United States. It was created in a provision of the 1975 amendment to the Federal Election Campaign Act...
and United States Court of Appeals for the Federal Circuit
United States Court of Appeals for the Federal Circuit
-Vacancies and pending nominations:-List of former judges:-Chief judges:Notwithstanding the foregoing, when the court was initially created, Congress had to resolve which chief judge of the predecessor courts would become the first chief judge...
nominee Timothy B. Dyk
Timothy B. Dyk
Timothy Belcher Dyk is a federal judge on the United States Court of Appeals for the Federal Circuit.- Education and early career :The son of noted women's suffragist Ruth Belcher Dyk, Dyk was born in Boston, Massachusetts...
, Lynch 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 May 24, 2000 in a 63-36 vote, and he received his commission the following day.
As a district court judge, Lynch presided over the perjury
Perjury
Perjury, also known as forswearing, is the willful act of swearing a false oath or affirmation to tell the truth, whether spoken or in writing, concerning matters material to a judicial proceeding. That is, the witness falsely promises to tell the truth about matters which affect the outcome of the...
trial of rap artist Lil' Kim
Lil' Kim
Kimberly Denise Jones , better known by her stage name Lil' Kim, is an American rapper and actress who was a member of the group Junior M.A.F.I.A.....
in 2005. He sentenced her to a year and a day in jail.http://web.archive.org/web/20060214105230/http://abcnews.go.com/Entertainment/wireStory?id=916248&CMP=OTC-RSSFeeds0312 Judge Lynch is also an active participant in Legal Outreach, a non-for-profit organization in which he mentors inner-city kids in New York.
On April 2, 2009, President Barack Obama
Barack 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 Lynch to a seat on the United States Court of Appeals for the Second Circuit
United States Court of Appeals for the Second Circuit
The United States Court of Appeals for the Second Circuit is one of the thirteen United States Courts of Appeals...
vacated when Chester J. Straub
Chester J. Straub
Chester John Straub is a Senior Circuit Judge of the United States Court of Appeals for the Second Circuit headquartered in New York City.-Life:...
assumed 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...
. Lynch 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...
to the United States Court of Appeals for the Second Circuit
United States Court of Appeals for the Second Circuit
The United States Court of Appeals for the Second Circuit is one of the thirteen United States Courts of Appeals...
on September 17, 2009, by a vote of 94-3, and received his commission the following day.