John T. Elfvin
Encyclopedia
John Thomas Elfvin was an American lawyer
and jurist
who served as a Federal judge of the U.S. District Court for the Western District of New York. Elfvin became a federal judge following his nomination to the court by President Gerald Ford
in 1974. He assumed senior judge status in 1987.
, Elfvin received his bachelor's degree in electrical engineering
from Cornell University
in 1942 and was a member of Phi Kappa Tau
fraternity there. He earned his Juris Doctor degree in 1947 from the Georgetown University Law School following service in the U.S. Navy as an electrical engineer in the Bureau of Ships during World War II
, from 1943 to 1946.
of the U.S. Court of Appeals for the D.C. Circuit (1947–48). After private practice in New York City
at Cravath, Swaine & Moore and for several firms in Buffalo, New York
, he served three years as assistant U.S. Attorney from 1955-58. He returned to private practice in Buffalo from 1958-1969 during which time he was a member of the Board of Supervisors for Erie County
, a member of the Buffalo Common Council. Elfvin served one year on the Supreme Court of New York in 1969 and returned to private practice before becoming US Attorney for the Western District of New York
in 1972.
to a seat on the United States District Court for the Western District of New York
vacated by John O. Henderson. Elfvin was confirmed by the United States Senate
on December 20, 1974, and received his commission the following day.
Elfvin's independence sometimes caused controversy. He was admonished by the 2nd Circuit Court of Appeals for a failure to follow remand instructions, the latest instance being in United States v. Benjamin (05-3677-cr), about which the court stated, "This is, therefore, the third case in two years, in which Judge Elfvin failed in the initial sentencing proceeding to comply with the requirements of notice and explanation for the imposition of a non-Guidelines sentence and then, on remand, failed to follow a direction of this court to comply with those requirements. This pattern of behavior is disturbing evidence of willfulness. The need to remove Judge Elfvin from this case being self-evident, we order reassignment to a different Judge". It should be noted, however, that the United States Supreme Court, in United States v. Booker, 543 U.S. 220 (2005), ultimately agreed with Elfvin, without citing the Benjamin case, in determining that the United States Sentencing Guidelines are not mandatory.
Elfvin assumed senior status
on July 1, 1987, and retired from the federal bench entirely, after nearly 33 years of service, on October 5, 2007. In 2005 he received the prestigious Outstanding Jurist award of the Bar Association of Erie County for his contributions to the administration of justice. He was a favorite of trial lawyers, described as a "trial lawyers' judge" based on his excellent judicial temperament, work ethic, attention to detail and knowledge of the law.
nursing home. He was survived by his wife (since 1960), the former Peggy Pierce.
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
and jurist
Jurist
A jurist or jurisconsult is a professional who studies, develops, applies, or otherwise deals with the law. The term is widely used in American English, but in the United Kingdom and many Commonwealth countries it has only historical and specialist usage...
who served as a Federal judge of the U.S. District Court for the Western District of New York. Elfvin became a federal judge following his nomination to the court by President Gerald Ford
Gerald Ford
Gerald Rudolph "Jerry" Ford, Jr. was the 38th President of the United States, serving from 1974 to 1977, and the 40th Vice President of the United States serving from 1973 to 1974...
in 1974. He assumed senior judge status in 1987.
Early life
Born in Montour Falls, New YorkMontour Falls, New York
Montour Falls is a village in Schuyler County, New York, United States. The population was 1,797 at the 2000 census. A waterfall in the village gives the village its name...
, Elfvin received his bachelor's degree in electrical engineering
Electrical engineering
Electrical engineering is a field of engineering that generally deals with the study and application of electricity, electronics and electromagnetism. The field first became an identifiable occupation in the late nineteenth century after commercialization of the electric telegraph and electrical...
from Cornell University
Cornell University
Cornell University is an Ivy League university located in Ithaca, New York, United States. It is a private land-grant university, receiving annual funding from the State of New York for certain educational missions...
in 1942 and was a member of Phi Kappa Tau
Phi Kappa Tau
Phi Kappa Tau is a U.S. national collegiate fraternity.-History:Phi Kappa Tau Fraternity was founded in the Union Literary Society Hall of Miami University's Old Main Building in Oxford, Ohio on March 17, 1906...
fraternity there. He earned his Juris Doctor degree in 1947 from the Georgetown University Law School following service in the U.S. Navy as an electrical engineer in the Bureau of Ships during World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
, from 1943 to 1946.
Career
Elfvin clerked for E. Barrett PrettymanE. Barrett Prettyman
Elijah Barrett Prettyman was a United States federal judge.Prettyman was born in Lexington, Virginia. Educated at Randolph-Macon College, he received a Bachelor of Arts in 1910 and a Master of Arts in 1911. He then earned a law degree from Georgetown University Law School in 1915. Prettyman began...
of the U.S. Court of Appeals for the D.C. Circuit (1947–48). After private practice 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...
at Cravath, Swaine & Moore and for several firms in Buffalo, New York
Buffalo, New York
Buffalo is the second most populous city in the state of New York, after New York City. Located in Western New York on the eastern shores of Lake Erie and at the head of the Niagara River across from Fort Erie, Ontario, Buffalo is the seat of Erie County and the principal city of the...
, he served three years as assistant U.S. Attorney from 1955-58. He returned to private practice in Buffalo from 1958-1969 during which time he was a member of the Board of Supervisors for Erie County
Erie County, New York
Erie County is a county located in the U.S. state of New York. As of the 2010 census, the population was 919,040. The county seat is Buffalo. The county's name comes from Lake Erie, which in turn comes from the Erie tribe of American Indians who lived south and east of the lake before 1654.Erie...
, a member of the Buffalo Common Council. Elfvin served one year on the Supreme Court of New York in 1969 and returned to private practice before becoming US Attorney for the Western District of New York
US Attorney for the Western District of New York
The United States Attorney for the Western District of New York is the chief federal law enforcement officer in seventeen New York counties: Allegany, Cattaraugus, Chautauqua, Chemung, Erie, Genesee, Livingston, Monroe, Niagara, Ontario, Orleans, Schuyler, Seneca, Steuben, Wayne, Wyoming, and...
in 1972.
Federal judicial service
On December 9, 1974, Elfvin was nominated by President Gerald FordGerald Ford
Gerald Rudolph "Jerry" Ford, Jr. was the 38th President of the United States, serving from 1974 to 1977, and the 40th Vice President of the United States serving from 1973 to 1974...
to a seat on the United States District Court for the Western District of New York
United States District Court for the Western District of New York
The United States District Court for the Western District of New York is the Federal district court whose jurisdiction comprises only a part of New York....
vacated by John O. Henderson. Elfvin 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 December 20, 1974, and received his commission the following day.
Elfvin's independence sometimes caused controversy. He was admonished by the 2nd Circuit Court of Appeals for a failure to follow remand instructions, the latest instance being in United States v. Benjamin (05-3677-cr), about which the court stated, "This is, therefore, the third case in two years, in which Judge Elfvin failed in the initial sentencing proceeding to comply with the requirements of notice and explanation for the imposition of a non-Guidelines sentence and then, on remand, failed to follow a direction of this court to comply with those requirements. This pattern of behavior is disturbing evidence of willfulness. The need to remove Judge Elfvin from this case being self-evident, we order reassignment to a different Judge". It should be noted, however, that the United States Supreme Court, in United States v. Booker, 543 U.S. 220 (2005), ultimately agreed with Elfvin, without citing the Benjamin case, in determining that the United States Sentencing Guidelines are not mandatory.
Elfvin 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...
on July 1, 1987, and retired from the federal bench entirely, after nearly 33 years of service, on October 5, 2007. In 2005 he received the prestigious Outstanding Jurist award of the Bar Association of Erie County for his contributions to the administration of justice. He was a favorite of trial lawyers, described as a "trial lawyers' judge" based on his excellent judicial temperament, work ethic, attention to detail and knowledge of the law.
Death
Elfvin died January 6, 2009 at a Lancaster, New YorkLancaster (town), New York
Lancaster is a town in Erie County, New York, USA. As of the 2000 census, the town population has 39,019 residents.The Town of Lancaster has a village also called Lancaster. The Town and Village are currently exploring consolidation of governmental functions. Both town and village are east of...
nursing home. He was survived by his wife (since 1960), the former Peggy Pierce.