Stuart A. Summit
Encyclopedia
Stuart A. Summit is an American lawyer, a former New York City
official and a former federal judicial nominee to the United States Court of Appeals for the Second Circuit
whose nomination died in 1988 due to unexpected opposition by a U.S. senator from his own party.
in 1957 and a law degree from Ohio State in 1959. While in law school, he was elected to the Order of the Coif
.
For 12 years, Summit helped two mayors of New York City
select judicial appointees, and for another nine years he had screened candidates for the New York Supreme Court
as part of his work for the State Commission on Judicial Nominations.
Summit currently is a partner with the New York City law firm Phillips Nizer LLP.
's presidency, Reagan nominated Summit to a seat on the United States Court of Appeals for the Second Circuit
to replace Irving Kaufman
, who had taken senior status
.
Summit's name initially had been suggested by his former law partner, Arnold I. Burns, who had been a Deputy Attorney General at the time. And although the nomination of Summit, an active Republican, had not been thought to be particularly controversial, his nomination ultimately languished.
Initially, Summit's ethics were challenged by a personal injury attorney in New York who once had faced Summit in court. Then, Burns, who had been Summit's biggest champion in the Justice Department, resigned from the Reagan administration amid a public quarrel with Attorney General Edwin Meese
. Even so, Summit was unanimously approved by the U.S. Senate Judiciary Committee on August 11, 1988, which should have placed his nomination on the fast track for confirmation.
However, shortly after judiciary committee approval of Summit's nomination, an unknown senator had placed an anonymous "hold" on Summit's nomination, which blocked it indefinitely. Ultimately, it became public that the "hold" had been placed by New York's Republican Sen. Alphonse D'Amato, who had actually introduced Summit to the U.S. Senate Judiciary Committee in April 1988. D'Amato's office never publicly explained the reason for its opposition to Summit's nomination. Summit told the Associated Press that he had made at least three telephone calls to D'Amato to find out if the report of D'Amato's opposition was true, but that the senator had never called him back. "If it is true, I'm amazed," Summit told the wire service. "I cannot imagine why." Summit also noted that D'Amato had even spoken at his confirmation hearings. "He very kindly attended the hearing in April of 1988 and spoke well of my credentials," Summit told the AP. The AP noted that the journals New York Law Journal
and Manhattan Lawyer both had reported that D'Amato blocked Summit's nomination in retaliation for the U.S. Senate Judiciary Committee having poorly treated two candidates whom D'Amato had recommended for the United States District Court for the Eastern District of New York
, New York Supreme Court
Justices Robert Roberto, Jr., who withdrew in June 1988 after the Judiciary Committee learned that he had engaged in a sex act with a 16-year-old prostitute while investigating a massage parlor in 1971, and Howard E. Levitt.
"That a single Senator, never mind one who introduced me to the committee, could simply stop the entire process only a few days before my confirmation without having to explain himself to anyone and without the courtesy of explaining himself to me, is simply beyond my understanding," Summit told the New York Times. "It's not in my makeup to be bitter. But no matter how exciting or thrilling my life now is, I will carry a sense of sadness with me. I had visualized myself dying in that job. I'll be grieving, probably all of my life."
After winning the 1988 election, President George H.W. Bush chose not to renominate Summit, and Bush instead selected for that Second Circuit seat his cousin, John M. Walker, Jr.
, who was confirmed by the U.S. Senate in 1989.
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...
official and a former federal judicial nominee 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...
whose nomination died in 1988 due to unexpected opposition by a U.S. senator from his own party.
Early life, education and professional career
Summit earned a bachelor's degree from Ohio State UniversityOhio State University
The Ohio State University, commonly referred to as Ohio State, is a public research university located in Columbus, Ohio. It was originally founded in 1870 as a land-grant university and is currently the third largest university campus in the United States...
in 1957 and a law degree from Ohio State in 1959. While in law school, he was elected to the Order of the Coif
Order of the Coif
The Order of the Coif is an honor society for United States law school graduates. A student at an American law school who earns a Juris Doctor degree and graduates in the top 10 percent of his or her class is eligible for membership if the student's law school has a chapter of the...
.
For 12 years, Summit helped two mayors of 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...
select judicial appointees, and for another nine years he had screened candidates for the New York Supreme Court
New York Supreme Court
The Supreme Court of the State of New York is the trial-level court of general jurisdiction in thestate court system of New York, United States. There is a supreme court in each of New York State's 62 counties, although some smaller counties share judges with neighboring counties...
as part of his work for the State Commission on Judicial Nominations.
Summit currently is a partner with the New York City law firm Phillips Nizer LLP.
Failed nomination to the Second Circuit
On September 23, 1987, toward the end of Ronald ReaganRonald Reagan
Ronald Wilson Reagan was the 40th President of the United States , the 33rd Governor of California and, prior to that, a radio, film and television actor....
's presidency, Reagan nominated Summit 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...
to replace Irving Kaufman
Irving Kaufman
Irving Robert Kaufman was a federal judge in the United States. He is best remembered for imposing the controversial death sentences on Julius and Ethel Rosenberg.-Biography:...
, who had taken 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...
.
Summit's name initially had been suggested by his former law partner, Arnold I. Burns, who had been a Deputy Attorney General at the time. And although the nomination of Summit, an active Republican, had not been thought to be particularly controversial, his nomination ultimately languished.
Initially, Summit's ethics were challenged by a personal injury attorney in New York who once had faced Summit in court. Then, Burns, who had been Summit's biggest champion in the Justice Department, resigned from the Reagan administration amid a public quarrel with Attorney General Edwin Meese
Edwin Meese
Edwin "Ed" Meese, III is an attorney, law professor, and author who served in official capacities within the Ronald Reagan Gubernatorial Administration , the Reagan Presidential Transition Team , and the Reagan White House , eventually rising to hold the position of the 75th Attorney General of...
. Even so, Summit was unanimously approved by the U.S. Senate Judiciary Committee on August 11, 1988, which should have placed his nomination on the fast track for confirmation.
However, shortly after judiciary committee approval of Summit's nomination, an unknown senator had placed an anonymous "hold" on Summit's nomination, which blocked it indefinitely. Ultimately, it became public that the "hold" had been placed by New York's Republican Sen. Alphonse D'Amato, who had actually introduced Summit to the U.S. Senate Judiciary Committee in April 1988. D'Amato's office never publicly explained the reason for its opposition to Summit's nomination. Summit told the Associated Press that he had made at least three telephone calls to D'Amato to find out if the report of D'Amato's opposition was true, but that the senator had never called him back. "If it is true, I'm amazed," Summit told the wire service. "I cannot imagine why." Summit also noted that D'Amato had even spoken at his confirmation hearings. "He very kindly attended the hearing in April of 1988 and spoke well of my credentials," Summit told the AP. The AP noted that the journals New York Law Journal
New York Law Journal
The New York Law Journal, founded in 1888, is a legal periodical covering the legal profession in New York, United States. The newspaper covers legal news, decisions, court calendars, and legislation, and provides analysis and insight in columns written by leading professionals...
and Manhattan Lawyer both had reported that D'Amato blocked Summit's nomination in retaliation for the U.S. Senate Judiciary Committee having poorly treated two candidates whom D'Amato had recommended for the United States District Court for the Eastern District of New York
United States District Court for the Eastern District of New York
The United States District Court for the Eastern District of New York is the federal district court whose jurisdiction comprises the entirety of Long Island and Staten Island...
, New York Supreme Court
New York Supreme Court
The Supreme Court of the State of New York is the trial-level court of general jurisdiction in thestate court system of New York, United States. There is a supreme court in each of New York State's 62 counties, although some smaller counties share judges with neighboring counties...
Justices Robert Roberto, Jr., who withdrew in June 1988 after the Judiciary Committee learned that he had engaged in a sex act with a 16-year-old prostitute while investigating a massage parlor in 1971, and Howard E. Levitt.
"That a single Senator, never mind one who introduced me to the committee, could simply stop the entire process only a few days before my confirmation without having to explain himself to anyone and without the courtesy of explaining himself to me, is simply beyond my understanding," Summit told the New York Times. "It's not in my makeup to be bitter. But no matter how exciting or thrilling my life now is, I will carry a sense of sadness with me. I had visualized myself dying in that job. I'll be grieving, probably all of my life."
After winning the 1988 election, President George H.W. Bush chose not to renominate Summit, and Bush instead selected for that Second Circuit seat his cousin, John M. Walker, Jr.
John M. Walker, Jr.
John Mercer Walker, Jr. is a judge of the United States Court of Appeals for the Second Circuit and a cousin of U.S. Presidents George H. W. Bush and George W. Bush...
, who was confirmed by the U.S. Senate in 1989.