Barrington Parker

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Barrington Parker, Jr.
Image of Barrington Parker, Jr.

Nonpartisan

United States Court of Appeals for the 2nd Circuit (senior status)
Tenure

2009 - Present

Years in position

14

Prior offices
United States District Court for the Southern District of New York
United States Court of Appeals for the 2nd Circuit

Education

Bachelor's

Yale University, 1965

Law

Yale Law School, 1969

Personal
Birthplace
District of Columbia


Barrington Daniels Parker, Jr. is a federal judge on senior status with the United States Court of Appeals for the 2nd Circuit. He joined the court in 2001 after being nominated by President George W. Bush. At the time of his appointment, Parker was a judge on the United States District Court for the Southern District of New York. He joined the district court in 1994 after an appointment from President Bill Clinton. At the time of his appointment to the district court, Parker was in private practice. He assumed senior status on October 10, 2009.[1]

Early life and education

A native of Washington, D.C., Parker graduated from Yale University with his bachelor's degree in 1965, and from Yale Law School with his LL.B. in 1969.[1]

Professional career

Parker clerked for Judge Aubrey Robinson of the United States District Court for the District of Columbia from 1969 to 1970. He was in private practice in New York City from 1970 to 1994.[1]

Judicial nominations and appointments

2nd Circuit Court of Appeals

Nomination Tracker
Fedbadgesmall.png
Nominee Information
Name: Barrington D. Parker, Jr.
Court: United States Court of Appeals for the 2nd Circuit
Progress
Confirmed 155 days after nomination.
ApprovedANominated: May 9, 2001
ApprovedAABA Rating: Unanimously Well Qualified
Questionnaire:
ApprovedAHearing: September 13, 2001
Hearing Transcript: Hearing Transcript
QFRs: (Hover over QFRs to read more)
ApprovedAReported: October 4, 2001 
ApprovedAConfirmed: October 11, 2001
ApprovedAVote: 100-0
DefeatedAReturned: August 3, 2001

Parker was first nominated by President George W. Bush on May 9, 2001, to a seat vacated by Ralph Winter. Under provisions of Rule XXXI, paragraph 6, of the standing rules of the U.S. Senate, Parker's nomination was returned to the president on August 3, 2001.[2] President Bush resubmitted the nomination on September 4, 2001. The American Bar Association rated Parker Unanimously Well Qualified for the nomination.[3] Hearings on Parker's nomination were held before the United States Senate Committee on the Judiciary on September 13, 2001, and his nomination was reported by U.S. Sen. Patrick Leahy (D-Vt.) on October 4, 2001. Parker was confirmed by a unanimous 100-0 vote of the Senate on October 11, 2001, and he received his commission on October 16, 2001. Parker assumed senior status on October 10, 2009.[1][4] Parker was succeeded in this position by Susan L. Carney.

U.S. District Court for the Southern District of New York

Parker was nominated by President Bill Clinton on April 26, 1994, to a seat vacated by Leonard Sand. The American Bar Association rated Parker Unanimously Well Qualified for the nomination.[5] Hearings on Parker's nomination were held before the Senate Judiciary Committee on August 11, 1994, and his nomination was reported by then-U.S. Sen. Joseph Biden (D-Del.) on August 25, 1994. Parker was confirmed by a voice vote of the U.S. Senate on September 14, 1994, and he received his commission on September 15, 1994. He resigned from the court on October 18, 2001, upon his elevation to the Second Circuit.[1][6] Parker was succeeded in this position by Richard Holwell.

Noteworthy cases

District Court "stop-and-frisk" ruling remains intact (2013)
See also: United States Court of Appeals for the 2nd Circuit ([Part 1 (dead link), Part 2 Floyd v. City of New York])

On October 31, 2013, a three-judge panel of the Second Circuit, composed of Judge Jose Cabranes and Senior Judges John Walker and Parker, removed Judge Shira Scheindlin from Floyd v. City of New York and put the remedies proposed by the judge on hold. The previous court order was stayed until an appeal was heard by the panel.[7]

Scheindlin was removed from the case as a result of interviews with the media in May 2013 which made the court question her impartiality. In response to the accusation that she violated the Code of Conduct for federal judges, Scheindlin said:

“ The interviews . . . were conducted under the express condition that I would not comment on the Floyd case. I did not. Some of the reporters used quotes from written opinions in Floyd that gave the appearance that I had commented on the case. However, a careful reading of each interview will reveal that no such comments were made.[8] [9] ”

On November 22, 2013, the judicial panel refused in a per curiam decision to vacate Judge Scheindlin's prior ruling which struck down the NYPD's stop-and-frisk policy. The judges denied motions filed by New York City to transfer the court's October 2013 stay of Scheindlin's ruling into its vacation, and further denied as moot motions filed by Scheindlin in opposition to the City's previously described motions. Judge Scheindlin's groundbreaking "stop-and-frisk" decision still stands.[10]

Background

In August 2013, Scheindlin ruled that the New York Police Department's (NYPD) "stop-and-frisk" rule, which the NYPD credited with saving lives, disregarded the Fourth and Fourteenth Amendments. Scheindlin also found that officers used racial profiling during the process, unfairly targeting minorities.[11][12][13]

VT prison labor case (2012)
See also: United States Court of Appeals for the 2nd Circuit

On August 3, 2012, the United States Court of Appeals for the 2nd Circuit overturned the lower court decision and held that a suit could continue which alleged that the Chittenden Regional Correctional Facility in South Burlington, Vermont, violated the Thirteenth Amendment by requiring an individual to work in the laundry room for $0.25 an hour. The suit was filed by Finbar McGarry who alleged that during his time pending trial in the facility, he was forced to work 14-hour shifts, three days a week, and was punished with solitary confinement if he refused. He filed the suit a month before his release, requesting $11 million in damages. U.S. District Judge Garvan Murtha threw out the case claiming that McGarry did not prove that the forced work was akin to African American slavery, which the act was originally designed to protect against. The three-judge appeals court composed of Robert Katzmann, Richard Wesley, and the writing judge Barrington Parker disagreed, writing in their opinion, that "[t]he Amendment was intended to prohibit all forms of involuntary labor, not solely to abolish chattel slavery." In addition, the court held that McGarry's pretrial status required that the state treat him differently as he was not yet convicted and the charges were later dropped. The case was remanded back to Judge Murtha for further evaluation.[14]

See also

External links


Footnotes

  1. ↑ 1.0 1.1 1.2 1.3 1.4 Federal Judicial Center, "Biographical directory of federal judges," accessed June 8, 2016
  2. ↑ United States Congress, "PN 393 - Barrington D. Parker Jr. - The Judiciary," accessed June 8, 2016
  3. ↑ American Bar Association, "Ratings of Article III judicial nominees," accessed June 8, 2016
  4. ↑ United States Congress, "PN 884 - Barrington D. Parker - The Judiciary," accessed June 8, 2016
  5. ↑ American Bar Association, "Ratings of Article III judicial nominees, 103rd Congress," accessed June 8, 2016
  6. ↑ United States Congress, "PN 1327 - Barrington D. Parker Jr. - The Judiciary," accessed June 8, 2016
  7. ↑ Center for Constitutional Rights, "Second Circuit Decision in Floyd v. City of New York FAQ," accessed January 25, 2014
  8. ↑ New York Daily News, "Stop-and-frisk judge removed from case, reforms put on hold after federal appeals court ruling," October 31, 2013
  9. ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  10. ↑ Courthouse News Service, "Boot to Stop-and-Frisk Judge Won't Kill Rulings," November 22, 2013
  11. ↑ New York Times, "Judge Rejects New York's Stop-and-Frisk Policy," August 12, 2013
  12. ↑ National Journal, "Why 'Stop and Frisk' Was Ruled Unconstitutional," August 12, 2013
  13. ↑ Nation Sun Journal, "Federal court strikes down New York's stop-and-frisk policy," August 12, 2013
  14. ↑ Reuters, "Appeals court reinstates Vermont prison forced labor case," August 3, 2012
Political offices
Preceded by:
Ralph Winter 		Second Circuit
2001–2009
Seat #4 		Succeeded by:
Susan L. Carney
Preceded by:
Leonard Sand 		Southern District of New York
1994–2001 		Succeeded by:
Richard Holwell





New York courts

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Second Circuit Court of Appeals • U.S. District Court: Eastern District of New York, Western District of New York, Northern District of New York, Southern District of New York • U.S. Bankruptcy Court: Eastern District of New York, Western District of New York, Northern District of New York, Southern District of New York

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State resources:

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