Marilyn Hall Patel
Encyclopedia
Marilyn Hall Patel is an active judge presiding in the U.S. District Court for the Northern District of California. She was Chief District Judge of that jurisdiction from 1997 until 2004, and heard several notable cases during that time.
Patel was born Marilyn Hall in Amsterdam, New York. She obtained a BA from Wheaton College
in 1959 and a Juris Doctor
degree from Fordham University
in 1963.
From 1963 until 1967 she worked as an attorney
in private practice in New York City
. From 1967 until 1971 she was general counsel for the US Immigration and Naturalization Service
in San Francisco. She then returned to private practice in San Francisco (during which time she was counsel for the National Organization for Women
) before becoming adjunct professor of law at the University of California Hastings College of the Law, where she remained until 1976. In 1976 she was appointed to the bench of the Municipal Court for the Oakland
-Piedmont
Judicial District, a position she held until 1980.
On , President Jimmy Carter
nominated Patel to fill the seat vacated by Lloyd Hudson Burke
on the US District Court for Northern California. She was confirmed by the United States Senate
in June of that year. She was the Chief District Judge for the Northern District from 1997 until 2004, and remains an active judge in that jurisdiction. Her replacement as Chief District Judge is Judge Vaughn R. Walker
.
In 1966 she married Indian-American banker Magan C. Patel. The couple have two sons, Brian and Gian. Patel won the California Women Lawyers' Rose Bird Memorial Award in 2003.
that enforced equal access to employment and advancement at the SFFD. In addition to clarifying the department's responsibilities with regard to the race of applicants, the decree ensured access for women to front-line firefighter
roles.
In a 1999 ruling, Judge Patel found that the layout of Macy's
department stores violated the Americans with Disabilities Act, forcing the chain to significantly widen the aisles between merchandise. Many other retailers in other jurisdictions followed suit. http://bankrupt.com/CAR_Public/991101.MBX
In 2003 she overturned the double murder conviction of Foster City, California
native Glen William "Buddy" Nickerson. Nickerson had spent nineteen years on death row
at San Quentin State Prison
before new witnesses and evidence of police misconduct came to light. Ruling, Patel said it was "more probable than not" that Nickerson was innocent. http://www.truthinjustice.org/nickerson2.htm
Judge Patel dismissed a 2005 suit brought by San Franciscan Wayne Ritchie against the US Government in which he alleged he had been harmed by the covert administration of LSD
as part of the MKULTRA program. http://sfgate.com/cgi-bin/article.cgi?file=/c/a/2005/04/13/BAGPJC78CA1.DTL
Judge Patel determined that California's method of execution by lethal cyanide gas violates the Eighth Amendment prohibition of "cruel and unusual punishments" after privately viewing a recording of the execution of Robert Alton Harris
. Her colleague, Judge Jeremy Fogel, has considered the constitutionality of California's lethal-injection protocol in a few cases, most notably Morales v. Tilton.
Presently Judge Patel's docket includes the ongoing case of Okinawa Dugong v. Rumsfeld, in which an environmental group seeks to prevent the construction of a military runway
on the island of Okinawa, citing the hazard this may pose to the okinawa dugong
, an endangered marine mammal. http://www.commondreams.org/news2005/0302-08.htm
In 2007 and 2008, Judge Patel reviewed the standards employed by the Oakland Police Department for public strip and body cavity searches. Judge Patel ruled that the O.P.D.'s policy permitting such searches in cases of reasonable suspicion was unconstitutionally low, permitting future searches only where there is probable cause—the same standard required to arrest suspects.
Patel was born Marilyn Hall in Amsterdam, New York. She obtained a BA from Wheaton College
Wheaton College (Illinois)
Wheaton College is a private, evangelical Protestant liberal arts college in Wheaton, Illinois, a suburb west of Chicago in the United States...
in 1959 and a Juris Doctor
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...
degree from Fordham University
Fordham University
Fordham University is a private, nonprofit, coeducational research university in the United States, with three campuses in and around New York City. It was founded by the Roman Catholic Diocese of New York in 1841 as St...
in 1963.
From 1963 until 1967 she worked as an attorney
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...
in 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...
. From 1967 until 1971 she was general counsel for the US Immigration and Naturalization Service
Immigration and Naturalization Service
The United States Immigration and Naturalization Service , now referred to as Legacy INS, ceased to exist under that name on March 1, 2003, when most of its functions were transferred from the Department of Justice to three new components within the newly created Department of Homeland Security, as...
in San Francisco. She then returned to private practice in San Francisco (during which time she was counsel for the National Organization for Women
National Organization for Women
The National Organization for Women is the largest feminist organization in the United States. It was founded in 1966 and has a membership of 500,000 contributing members. The organization consists of 550 chapters in all 50 U.S...
) before becoming adjunct professor of law at the University of California Hastings College of the Law, where she remained until 1976. In 1976 she was appointed to the bench of the Municipal Court for the Oakland
Oakland, California
Oakland is a major West Coast port city on San Francisco Bay in the U.S. state of California. It is the eighth-largest city in the state with a 2010 population of 390,724...
-Piedmont
Piedmont, California
Piedmont is a small, affluent city in Alameda County, California, United States. It is surrounded by the city of Oakland. The population was 10,667 at the 2010 census. Piedmont was incorporated in 1907 and was developed significantly in the 1920s and 1930s...
Judicial District, a position she held until 1980.
On , President Jimmy Carter
Jimmy Carter
James Earl "Jimmy" Carter, Jr. is an American politician who served as the 39th President of the United States and was the recipient of the 2002 Nobel Peace Prize, the only U.S. President to have received the Prize after leaving office...
nominated Patel to fill the seat vacated by Lloyd Hudson Burke
Lloyd Hudson Burke
Lloyd Hudson Burke was a United States federal judge.Born in Oakland, California, Burke received an A.B. from St. Mary's College in 1937 and an LL.B. from the University of California, Berkeley, Boalt Hall School of Law in 1940. He was a Deputy district attorney of Alameda County, California from...
on the US District Court for Northern California. She 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...
in June of that year. She was the Chief District Judge for the Northern District from 1997 until 2004, and remains an active judge in that jurisdiction. Her replacement as Chief District Judge is Judge Vaughn R. Walker
Vaughn R. Walker
Vaughn R. Walker served as a district judge of the United States District Court for the Northern District of California from 1989 to 2011.-Biography:Walker was born in Watseka, Illinois, in 1944...
.
In 1966 she married Indian-American banker Magan C. Patel. The couple have two sons, Brian and Gian. Patel won the California Women Lawyers' Rose Bird Memorial Award in 2003.
Landmark cases
- Korematsu v. United StatesKorematsu v. United StatesKorematsu v. United States, 323 U.S. 214 , was a landmark United States Supreme Court case concerning the constitutionality of Executive Order 9066, which ordered Japanese Americans into internment camps during World War II....
— Judge Patel heard a petition for a writ of coram nobisCoram nobisCoram nobis or coram vobis also known as error coram nobis or error coram vobis is a legal writ issued by a court to correct a previous error "of...
filed by attorneys Peter Irons and Dale MinamiDale MinamiDale Minami is a San Francisco-based lawyer best known for heading the legal team that overturned the wrongful conviction of Fred Korematsu, whose defiance of the World War II Japanese American internment order lead to Korematsu v...
asking the judge to vacate the conviction in the 40-year old case of Korematsu v. United StatesKorematsu v. United StatesKorematsu v. United States, 323 U.S. 214 , was a landmark United States Supreme Court case concerning the constitutionality of Executive Order 9066, which ordered Japanese Americans into internment camps during World War II....
. Fred KorematsuFred Korematsuwas one of the many Japanese-American citizens living on the West Coast during World War II. Shortly after the Imperial Japanese Navy attacked Pearl Harbor, President Franklin D. Roosevelt issued Executive Order 9066, authorizing the Secretary of War and his military commanders to require all...
, a Japanese AmericanJapanese Americanare American people of Japanese heritage. Japanese Americans have historically been among the three largest Asian American communities, but in recent decades have become the sixth largest group at roughly 1,204,205, including those of mixed-race or mixed-ethnicity...
, had been convicted of failing to comply with government orders to leave his home during World War IIWorld War IIWorld 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...
in San Leandro, CaliforniaSan Leandro, CaliforniaSan Leandro is a city in Alameda County, California, United States. It is considered a suburb of Oakland and San Francisco. The population was 84,950 as of 2010 census. The climate of the city is mild throughout the year.-Geography and water resources:...
and enter an internment campJapanese American internmentJapanese-American internment was the relocation and internment by the United States government in 1942 of approximately 110,000 Japanese Americans and Japanese who lived along the Pacific coast of the United States to camps called "War Relocation Camps," in the wake of Imperial Japan's attack on...
. Finding that the United States government had deliberately misled the United States Supreme Court in securing its affirmance of the conviction, on November 10, 1983, Judge Patel formally vacated the conviction, saying, "[Korematsu] stands as a caution that in times of distress the shield of military necessity and national security must not be used to protect governmental actions from close scrutiny and accountability".
- A & M Records, Inc. v. Napster, Inc.A & M Records, Inc. v. Napster, Inc.A&M Records, Inc. v. Napster, Inc., 239 F.3d 1004 was a landmark intellectual property case in which the United States Court of Appeals for the Ninth Circuit affirmed the ruling of the United States District Court for the Northern District of California, holding that defendant, peer-to-peer ...
, commonly known as RIAA v. NapsterNapsterNapster is an online music store and a Best Buy company. It was originally founded as a pioneering peer-to-peer file sharing Internet service that emphasized sharing audio files that were typically digitally encoded music as MP3 format files...
— Judge Patel ruled that Napster was not an ISPInternet service providerAn Internet service provider is a company that provides access to the Internet. Access ISPs directly connect customers to the Internet using copper wires, wireless or fiber-optic connections. Hosting ISPs lease server space for smaller businesses and host other people servers...
in the definition specified by the Digital Millennium Copyright ActDigital Millennium Copyright ActThe Digital Millennium Copyright Act is a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization . It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures that control access to...
, and thus was not entitled to protection under that law's "safe harbor" provision. Judge Patel's injunction and final ruling (largely upheld on appeal by the United States Court of Appeals for the Ninth CircuitUnited States Court of Appeals for the Ninth CircuitThe United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...
) meant that Napster was responsible for policing its internetInternetThe Internet is a global system of interconnected computer networks that use the standard Internet protocol suite to serve billions of users worldwide...
file sharingFile sharingFile sharing is the practice of distributing or providing access to digitally stored information, such as computer programs, multimedia , documents, or electronic books. It may be implemented through a variety of ways...
network for materials that violate record companies' copyrights. http://news.findlaw.com/legalnews/lit/napster/s/patelruling1.html
- Bernstein v. US Department of StateBernstein v. United StatesBernstein v. United States is a set of court cases brought by Daniel J. Bernstein challenging restrictions on the export of cryptography from the United States....
— Daniel J. BernsteinDaniel J. BernsteinDaniel Julius Bernstein is a mathematician, cryptologist, programmer, and professor of mathematics at the University of Illinois at Chicago...
, a college computer scienceComputer scienceComputer science or computing science is the study of the theoretical foundations of information and computation and of practical techniques for their implementation and application in computer systems...
professor, sued the U.S. Government alleging that the government's restrictions on the export of "dual use" cryptographic technology violated his rights under the First AmendmentFirst Amendment to the United States ConstitutionThe First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
. Judge Patel supported the plaintiff's argument that computer source code was indeed protected speech, and that the blanket requirements imposed by the AECA and ITAR regulations, (which required licences for "export", which Bernstein contended essentially amounted to "publication", of cryptographic algorithms or technologies) amounted to an impermissible prior restraintPrior restraintPrior restraint or prior censorship is censorship in which certain material may not be published or communicated, rather than not prohibiting publication but making the publisher answerable for what is made known...
of Bernstein's Free Speech rights under the First Amendment. Judge Patel's decision was affirmed on appeal to the Ninth Circuit. http://cr.yp.to/export/1997/0825-order.html http://www.ffhsj.com/cmemos/0114525.htm
- National Federation of the Blind v. Target CorporationNational Federation of the Blind v. Target CorporationNational Federation of the Blind v. Target Corporation was a class action lawsuit in the United States that was filed on February 7, 2006 in California state court, and subsequently moved to federal court. The case challenged whether the limitations the Americans with Disabilities Act of 1990...
— National Federation of the BlindNational Federation of the BlindThe National Federation of the Blind is an organization of blind people in the United States. It is the oldest and largest organization led by blind people in the United States...
sued Target CorporationTarget CorporationTarget Corporation, doing business as Target, is an American retailing company headquartered in Minneapolis, Minnesota. It is the second-largest discount retailer in the United States, behind Walmart. The company is ranked at number 33 on the Fortune 500 and is a component of the Standard & Poor's...
, alleging that its electronic commerceElectronic commerceElectronic commerce, commonly known as e-commerce, eCommerce or e-comm, refers to the buying and selling of products or services over electronic systems such as the Internet and other computer networks. However, the term may refer to more than just buying and selling products online...
website does not comply with the Americans with Disabilities Act of 1990Americans with Disabilities Act of 1990The Americans with Disabilities Act of 1990 is a law that was enacted by the U.S. Congress in 1990. It was signed into law on July 26, 1990, by President George H. W. Bush, and later amended with changes effective January 1, 2009....
. Judge Patel ruled that a retailer can be sued if its website is inaccessible to the blind.
- United States of America v. Lacy Melias, 679 F. Supp. 3d 1265 (N.D. Cal.), an unusual criminal case in which Judge Patel denied habeus corpus relief for a pro se petitioner's claim of ineffective assistance of counselIneffective assistance of counselIneffective assistance of counsel is an issue raised in legal malpractice suits and in appeals in criminal cases where a criminal defendant asserts that their criminal conviction occurred because their attorney failed to properly defend the case...
. The case has since become notorious for the gruesomeness of the crime committed, the subsequent (and mysterious) destruction of the petitioner's home, and the spate of copy-cat murders it inspired in San Francisco's Sunset District. http://abovethelaw.com/2011/09/non-sequiturs-09-15-11/
Other notable cases
In a 1987 suit brought against the Fire Department of San Francisco (in which Judge Patel harshly criticized the department), she issued a consent decreeConsent decree
A consent decree is a final, binding judicial decree or judgment memorializing a voluntary agreement between parties to a suit in return for withdrawal of a criminal charge or an end to a civil litigation...
that enforced equal access to employment and advancement at the SFFD. In addition to clarifying the department's responsibilities with regard to the race of applicants, the decree ensured access for women to front-line firefighter
Firefighter
Firefighters are rescuers extensively trained primarily to put out hazardous fires that threaten civilian populations and property, to rescue people from car incidents, collapsed and burning buildings and other such situations...
roles.
In a 1999 ruling, Judge Patel found that the layout of Macy's
Macy's
Macy's is a U.S. chain of mid-to-high range department stores. In addition to its flagship Herald Square location in New York City, the company operates over 800 stores in the United States...
department stores violated the Americans with Disabilities Act, forcing the chain to significantly widen the aisles between merchandise. Many other retailers in other jurisdictions followed suit. http://bankrupt.com/CAR_Public/991101.MBX
In 2003 she overturned the double murder conviction of Foster City, California
Foster City, California
Foster City is an affluent planned city located in San Mateo County, California, 94404. As of the 2010 census, the city had a total population of 30,567. Forbes ranked Foster City #10 on their 2009 list of America's Top 25 Towns to Live Well. Money has also recognized Foster City multiple times as...
native Glen William "Buddy" Nickerson. Nickerson had spent nineteen years on death row
Death row
Death row signifies the place, often a section of a prison, that houses individuals awaiting execution. The term is also used figuratively to describe the state of awaiting execution , even in places where no special facility or separate unit for condemned inmates exists.After individuals are found...
at San Quentin State Prison
San Quentin State Prison
San Quentin State Prison is a California Department of Corrections and Rehabilitation state prison for men in unincorporated San Quentin, Marin County, California, United States. Opened in July 1852, it is the oldest prison in the state. California's only death row for male inmates, the largest...
before new witnesses and evidence of police misconduct came to light. Ruling, Patel said it was "more probable than not" that Nickerson was innocent. http://www.truthinjustice.org/nickerson2.htm
Judge Patel dismissed a 2005 suit brought by San Franciscan Wayne Ritchie against the US Government in which he alleged he had been harmed by the covert administration of LSD
LSD
Lysergic acid diethylamide, abbreviated LSD or LSD-25, also known as lysergide and colloquially as acid, is a semisynthetic psychedelic drug of the ergoline family, well known for its psychological effects which can include altered thinking processes, closed and open eye visuals, synaesthesia, an...
as part of the MKULTRA program. http://sfgate.com/cgi-bin/article.cgi?file=/c/a/2005/04/13/BAGPJC78CA1.DTL
Judge Patel determined that California's method of execution by lethal cyanide gas violates the Eighth Amendment prohibition of "cruel and unusual punishments" after privately viewing a recording of the execution of Robert Alton Harris
Robert Alton Harris
Robert Alton Harris was an American career criminal and murderer who was executed in San Quentin's gas chamber in 1992. This marked the first execution in the state of California since 1967. Harris had killed two teenage boys in 1978...
. Her colleague, Judge Jeremy Fogel, has considered the constitutionality of California's lethal-injection protocol in a few cases, most notably Morales v. Tilton.
Presently Judge Patel's docket includes the ongoing case of Okinawa Dugong v. Rumsfeld, in which an environmental group seeks to prevent the construction of a military runway
Runway
According to ICAO a runway is a "defined rectangular area on a land aerodrome prepared for the landing and take-off of aircraft." Runways may be a man-made surface or a natural surface .- Orientation and dimensions :Runways are named by a number between 01 and 36, which is generally one tenth...
on the island of Okinawa, citing the hazard this may pose to the okinawa dugong
Dugong
The dugong is a large marine mammal which, together with the manatees, is one of four living species of the order Sirenia. It is the only living representative of the once-diverse family Dugongidae; its closest modern relative, Steller's sea cow , was hunted to extinction in the 18th century...
, an endangered marine mammal. http://www.commondreams.org/news2005/0302-08.htm
In 2007 and 2008, Judge Patel reviewed the standards employed by the Oakland Police Department for public strip and body cavity searches. Judge Patel ruled that the O.P.D.'s policy permitting such searches in cases of reasonable suspicion was unconstitutionally low, permitting future searches only where there is probable cause—the same standard required to arrest suspects.