Gustavo Gelpí
Encyclopedia
Gustavo Antonio Gelpí, Jr. (born 1965) is the youngest United States District Judge for the District of Puerto Rico
United States District Court for the District of Puerto Rico
The United States District Court for the District of Puerto Rico is the federal district court whose jurisdiction comprises the Commonwealth of Puerto Rico. The court is based in San Juan. The main building is the Clemente Ruiz Nazario U.S. Courthouse located in the Hato Rey district of San Juan...

.

Early life and career

Born in San Juan, Puerto Rico
San Juan, Puerto Rico
San Juan , officially Municipio de la Ciudad Capital San Juan Bautista , is the capital and most populous municipality in Puerto Rico, an unincorporated territory of the United States. As of the 2010 census, it had a population of 395,326 making it the 46th-largest city under the jurisdiction of...

, Gelpí received a B.A.
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 Brandeis University
Brandeis University
Brandeis University is an American private research university with a liberal arts focus. It is located in the southwestern corner of Waltham, Massachusetts, nine miles west of Boston. The University has an enrollment of approximately 3,200 undergraduate and 2,100 graduate students. In 2011, it...

 in 1987 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 Suffolk University Law School
Suffolk University Law School
Suffolk University Law School, also known as Suffolk Law School or SULS, is one of the professional graduate schools of Suffolk University. Suffolk University Law School is a private, non-sectarian, law school located in downtown Boston, Massachusetts. Suffolk University Law School was founded in...

 in 1991 (from which he also received an Honorary Doctor of Laws Degree in 2006). He 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...

 to Juan M. Perez-Gimenez of the U.S. District Court for the District of Puerto Rico from 1991 to 1993. Gelpí was then an assistant federal public defender
Public defender
The term public defender is primarily used to refer to a criminal defense lawyer appointed to represent people charged with a crime but who cannot afford to hire an attorney in the United States and Brazil. The term is also applied to some ombudsman offices, for example in Jamaica, and is one way...

 in the Office of the Federal Public Defender from 1993 to 1997. He worked in Puerto Rico's Department of Justice from 1997 to 1999, first as an assistant to the attorney general, and then as deputy attorney general for the office of legal counsel. During Puerto Rico Governor Pedro Rosselló
Pedro Rosselló
Pedro Juan Rosselló González, M.D., , is a Puerto Rican physician and politician who served as the sixth Governor of the Commonwealth of Puerto Rico from 1993 to 2001...

's second term, Gelpí served as Puerto Rico's Solicitor General from 1999-2000, and in said capacity argued several landmark cases on behalf of the Government of Puerto Rico before the United States Courts of Appeal for the First, Second and DC Circuits, as well as the Puerto Rico Supreme Court. He was a special litigation counsel in the law firm
Law firm
A law firm is a business entity formed by one or more lawyers to engage in the practice of law. The primary service rendered by a law firm is to advise clients about their legal rights and responsibilities, and to represent clients in civil or criminal cases, business transactions, and other...

 of McConnell Valdes in 2001, but left that position to become a United States Magistrate Judge
United States magistrate judge
In the United States federal courts, magistrate judges are appointed to assist United States district court judges in the performance of their duties...

, an office that he held for five years, from 2001 to 2006.

Federal judicial service

On April 24, 2006, Gelpí was 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....

 to a seat on the District of Puerto Rico vacated by Hector M. Laffitte. He was endorsed by the Hispanic National Bar Association and the Puerto Rico Chapter of the Federal Bar Association. Gelpí 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 July 20, 2006, and received his commission on August 1, 2006.

Contrary to other members of the Federal bench, Gelpí maintains a high public profile, attending many public activities, such as San Juan mayor Jorge Santini
Jorge Santini
Jorge Santini Padilla in San Juan, Puerto Rico) is an Puerto Rican Politician and current Mayor of San Juan City.-Biography:...

's 2009 inaugural, where he administered the oath of office .

He is also a Fellow of the Foundation of the Federal Bar Association
Federal Bar Association
The Federal Bar Association is the primary voluntary professional organization for private and government lawyers and judges practicing and sitting in federal courts in the United States.-Background:...

, a prominent distinction for any jurist.

He is the author of a court opinion in the case of Consejo de Salud de la Playa de Ponce vs. Rullan, that holds that Puerto Rico
Puerto Rico
Puerto Rico , officially the Commonwealth of Puerto Rico , is an unincorporated territory of the United States, located in the northeastern Caribbean, east of the Dominican Republic and west of both the United States Virgin Islands and the British Virgin Islands.Puerto Rico comprises an...

 is no longer an unincorporated territory of the United States, and has thus become an incorporated territory
Incorporated territory
Territories of the United States are one of the four types of political division of the United States, overseen directly by the federal government of the United States and not any part of a U.S. state. These territories were created to govern newly acquired land while the borders of the United...

. In his opinion, Judge Gelpi notes that his ruling doesn't override the United Supreme Court's Insular Cases
Insular Cases
The Insular Cases are several U.S. Supreme Court cases concerning the status of territories acquired by the U.S. in the Spanish-American War . The name "insular" derives from the fact that these territories are islands and were administered by the War Department's Bureau of Insular Affairs...

.

Honors and recognitions

On July 25, 2009, Judge Gelpí was the keynote speaker at the Commonwealth of Puerto Rico's Constitution Day ceremonies, held in San Juan
San Juan, Puerto Rico
San Juan , officially Municipio de la Ciudad Capital San Juan Bautista , is the capital and most populous municipality in Puerto Rico, an unincorporated territory of the United States. As of the 2010 census, it had a population of 395,326 making it the 46th-largest city under the jurisdiction of...

. On July 4, 2011, at the official government ceremony, he read the Preamble to the Constitution of the United States, an act historically carried out by his colleague Judge Jaime Pieras, Jr., who just weeks earlier had passed away, and to whom the ceremony was dedicated. Judge Gelpi has also participated in Hawaii, Puerto Rico and New York in a series of scholarly historical lectures sponsored by the Federal Bar Association about the racist underpinnings of the Insular Cases, and how the Supreme Court and the US Congress have disparately treated the US citizens residing in the former and current US territories.

Further reading

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