Sam Sparks
Encyclopedia
Sam Sparks is a federal judge in the United States District Court for the Western District of Texas
United States District Court for the Western District of Texas
The United States District Court For the Western District Of Texas is a Federal district court. The court convenes in San Antonio with divisions in Austin, Del Rio, El Paso, Midland, Pecos, and Waco. It has jurisdiction in over 50 Trans-Pecos, Permian Basin and Hill Country counties of the U.S....

.

Early life

After graduating from Austin High School
Austin High School (Austin, Texas)
Stephen F. Austin High School, or more commonly Austin High, founded in 1881, is one of the oldest public high schools west of the Mississippi River, and was the first public high school in the state of Texas....

 as senior class president, Sparks received an undergraduate degree from the University of Texas in 1961 where he was a member of the Texas Cowboys
Texas Cowboys
Texas Cowboys is an honorary men's service organization at The University of Texas at Austin. Founded in 1922, its members include some of the University's most distinguished students and alumni...

, and a Bachelor of Laws
Bachelor of Laws
The Bachelor of Laws is an undergraduate, or bachelor, degree in law originating in England and offered in most common law countries as the primary law degree...

 degree from the University of Texas School of Law
University of Texas School of Law
The University of Texas School of Law, also known as UT Law, is an ABA-certified American law school located on the University of Texas at Austin campus. The law school has been in operation since the founding of the University in 1883. It was one of only two schools at the University when it was...

 two years later. He clerked for Federal District Court Judge Homer Thornberry
Homer Thornberry
William Homer Thornberry was a United States Representative from the 10th congressional district of Texas from 1948 to 1963, and then was a federal judge.-Biography:...

 before turning to private practice.

Family

His great-grandfather and his grandfather were also named Sam Sparks; the former was sheriff of Bell County, Texas
Bell County, Texas
Bell County is a county located in the U.S. state of Texas. Bell County was founded in 1850. It is part of the Killeen–Temple–Fort Hood Metropolitan Statistical Area. In 2000, the county's population was 237,974; in 2010 the U.S. Census Bureau reported that its population had reached...

, and the latter succeeded him in 1897. This Sam Sparks became president of the Texas Sheriff's Association in 1903 and the Texas state treasurer in 1906. http://www.goodlifemag.com/archives/11-05/11-05_sparks.htm

He was married to Arden Reed Sparks, until she died in 1990. He married his second wife, Melinda Echols, formerly of Fort Worth, in 1995.

Judicial career

He was nominated by President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....

 George H.W. Bush on October 1, 1991, to a new seat created by 104 Stat. 5089. He 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...

 on November 21, 1991, and received his commission on November 25, 1991.

Sparks once began an order with a poem http://www.austinchronicle.com/issues/vol17/issue41/pols.naked.poem.html, and began another order with the following: "When the undersigned accepted the appointment from the President of the United States of the position now held, he was ready to face the daily practice of law in federal courts with presumably competent lawyers. No one warned the undersigned that in many instances his responsibility would be the same as a person who supervised kindergarten
Kindergarten
A kindergarten is a preschool educational institution for children. The term was created by Friedrich Fröbel for the play and activity institute that he created in 1837 in Bad Blankenburg as a social experience for children for their transition from home to school...

." http://scholar.google.com/scholar_case?q=Klein-Becker,+LLC+v.+Stanley+A-03-CA-871-SS&hl=en&as_sdt=2,5&as_vis=1&case=1940243551778254161&scilh=0.

Among his more notable cases were the sentencing of former Texas Attorney General
Texas Attorney General
The Texas Attorney General is the chief legal officer of the State of Texas.The department has offices at the William P. Clements State Office Building at 300 West 15th Street in Austin.-History:...

 Dan Morales
Dan Morales
Daniel C. "Dan" Morales served as the 48th Texas Attorney General from January 15, 1991 through January 13, 1999, during the administrations of Governors Ann Richards and George W. Bush. As attorney general, Morales reached a $17 billion settlement with big tobacco companies. He also authored...

 (for mail fraud and filing false tax returns) and the trial of Gary Paul Karr for federal wire fraud
Wire fraud
Mail and wire fraud is a federal crime in the United States. Together, 18 U.S.C. §§ 1341, 1343, and 1346 reach any fraudulent scheme or artifice to intentionally deprive another of property or honest services with a nexus to mail or wire communication....

 (in connection with the kidnapping and murders of atheist Madalyn Murray O'Hair
Madalyn Murray O'Hair
Madalyn Murray O'Hair was an American atheist activist and founder of the organization American Atheists and its president from 1963 to 1986. One of her sons, Jon Garth Murray, was the president of the organization from 1986 to 1995, while she remained de facto president during these nine years....

 and her son and granddaughter). Sparks also heard the Karl Rove
Karl Rove
Karl Christian Rove was Senior Advisor and Deputy Chief of Staff to former President George W. Bush until Rove's resignation on August 31, 2007. He has headed the Office of Political Affairs, the Office of Public Liaison, and the White House Office of Strategic Initiatives...

 & Co. v Thornburgh
case in 1993. This case found its way into court following a dispute over payment of fundraising expenses by the failed Republican Senate campaign of Dick Thornburgh
Dick Thornburgh
Richard Lewis "Dick" Thornburgh is an American lawyer and Republican politician who served as the 41st Governor of Pennsylvania from 1979 to 1987, and then as the U.S...

. Sparks ruled that Rove's company could recoup roughly $180,000 in bills from the Thornburgh campaign.

In 1994 Sparks ruled in favor of Steve Jackson Games
Steve Jackson Games
Steve Jackson Games is a game company, founded in 1980 by Steve Jackson, that creates and publishes role-playing, board, and card games, and the gaming magazine Pyramid.-History:...

 against the United States Secret Service
United States Secret Service
The United States Secret Service is a United States federal law enforcement agency that is part of the United States Department of Homeland Security. The sworn members are divided among the Special Agents and the Uniformed Division. Until March 1, 2003, the Service was part of the United States...

. The latter had raided Jackson's offices and seized computers, searching for a sensitive file that one of Jackson's employees may have posted. The Electronic Frontier Foundation
Electronic Frontier Foundation
The Electronic Frontier Foundation is an international non-profit digital rights advocacy and legal organization based in the United States...

 helped with the lawsuit, and Sparks ruled that the Secret Service had acted in a too heavy-handed manner.

In 1998 Sparks issued stays of execution for Joseph Stanly Faulder and Danny Lee Barber, holding that the Texas Board of Pardons and Paroles failed to provide due process in considering their requests for clemency.

He received the Trial Judge of the Year from the Texas Chapter of the Board of Trial Advocates in 2005. In 2010, he became the second honoree in the history of the American College of Trial Lawyers' Sandra Day O'Connor Award. The award "is to be given from time to time to a judge, either federal or state, who has demonstrated exemplary judicial independence in the performance of his or her duties, sometimes in difficult or even dangerous circumstances."

In 2006 he handled a case involving the Texas Republican Party's effort to get former Congressman Tom DeLay
Tom DeLay
Thomas Dale "Tom" DeLay is a former member of the United States House of Representatives, representing Texas's 22nd congressional district from 1984 until 2006. He was Republican Party House Majority Leader from 2003 to 2005, when he resigned because of criminal money laundering charges in...

's name removed from the ballot in the 2006 Congressional Election
United States House elections, 2006
- House of Representatives prior to the election :As of November 7, 2006, the U.S. House of the 109th Congress was composed of 229 Republicans, 201 Democrats and 1 Independent . There were also four vacancies...

. DeLay won the Republican primary election
Primary election
A primary election is an election in which party members or voters select candidates for a subsequent election. Primary elections are one means by which a political party nominates candidates for the next general election....

 in March, but resigned from Congress in early April during a corruption scandal. However, since Texas law states that the name of a candidate who "withdraws" from a race after the primary must remain on the ballot, Texas Democrats filed a lawsuit to prevent Republicans from nominating another candidate. Republicans argued that DeLay did not "withdraw" from the race but instead made himself ineligible to be elected by changing his voter registration from Texas to Virginia
Virginia
The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...

, therefore allowing Republicans to name a replacement. On July 6, Judge Sparks ruled that DeLay's name must remain on the ballot. http://www.chron.com/disp/story.mpl/front/4028453.html

External links

  • Text of decision of the DeLay case, Texas Democratic Party v Benkiser
  • http://www.590klbj.com/News/Story.aspx?ID=1272077 Re: Copeland trial
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