David Hamilton (judge)

David Hamilton
Judge of the Court of Appeals for the Seventh Circuit
Incumbent
Assumed office November 23, 2009
Nominated by	Barack Obama
Preceded by	Kenneth Ripple
Chief Judge of the District Court for the Southern District of Indiana
In office 2008–2009
Preceded by	Larry McKinney
Succeeded by	Richard Young
Judge of the District Court for the Southern District of Indiana
In office October 11, 1994 – November 23, 2009
Nominated by	Bill Clinton
Preceded by	Samuel Dillin
Succeeded by	Tanya Pratt
Personal details
Born	1957 (age 53–54) Bloomington, Indiana, U.S.
Alma mater	Haverford College Yale Law School

David Frank Hamilton (born 1957) is a United States federal judge, currently serving on the United States Court of Appeals for the Seventh Circuit. He previously was the Chief Judge of the United States District Court for the Southern District of Indiana. On March 17, 2009, President Barack Obama nominated Hamilton to the United States Court of Appeals for the Seventh Circuit.^[1][2][3][4] On June 4, 2009, the Senate Judiciary Committee approved his nomination.^[5] He was confirmed to the Seventh Circuit on November 19, 2009 in a 59-to-39 vote.^[6]

Early life, education, and career

Born in Bloomington, Indiana, Hamilton (a nephew of former U.S. Rep. Lee H. Hamilton) grew up in southern Indiana and earned a bachelor's degree from Haverford College in 1979, followed by a J.D. from Yale Law School in 1983.^[7][8] He also performed graduate work as a Fulbright Scholar at the University of Tübingen in Germany.^[9]

Hamilton worked from 1983 until 1984 as a law clerk for Judge Richard Dickson Cudahy of the United States Court of Appeals for the Seventh Circuit.^[7] He then entered private practice in Indianapolis until 1989 as an associate at the law firm of Barnes & Thornburg. He served as legal counsel to Indiana Governor Evan Bayh from 1989 until 1991.^[7] Hamilton returned to Barnes & Thornburg in Indianapolis, working as a partner from 1991 until becoming a federal judge in 1994.^[9]

In addition, Hamilton is a member of the Indiana Civil Liberties Union, and served as their Vice President for Litigation.^[10]

Federal judicial service

On June 8, 1994, President Bill Clinton nominated Hamilton to be a judge on the United States District Court for the Southern District of Indiana. The United States Senate confirmed Hamilton in a voice vote on October 7, 1994,^[7] and he received his commission on October 11, 1994.^[7]

A number of cases decided by Hamilton have drawn media attention. In American Amusement Mach. Ass'n v. Cottey,^[11] Hamilton held that the First Amendment did not prevent the city of Indianapolis from requiring parental consent for children to have access to video games containing explicit sexual content or extreme violence. This ruling was overturned by the Seventh Circuit.^[12]

In November 2005, Hamilton drew headlines for ruling that because "the Establishment Clause was intended in large part to protect religious minorities from religious majorities who might try to harness the power and prestige of the government to advance their sincere religious beliefs", the Indiana state legislature is not permitted to begin its sessions with Christian prayers imploring conversion to Christianity or representing Christianity as the only true faith. He held that invocations that use names like Jesus Christ or Christian terms like savior are sectarian, but that names for God in other languages are permissible unless there is evidence that those words are used in order to advance or disparage a particular religion.^[13] Hamilton concluded that using proselytizing words in invocations at the statehouse violated the United States Constitution. "All are free to pray as they wish in their own houses of worship or in other settings," Hamilton wrote. "Those who wish to participate in a practice of official prayer must be willing to stay within constitutional bounds."^[14][15] The ruling was overturned by the Seventh Circuit on the grounds that the taxpayers lacked standing.^[16]

In 2006, the Seventh Circuit upheld Hamilton's decision to sentence a child pornographer to one hundred years in prison.^[17]

In 2008, Hamilton became the chief judge of the Southern District of Indiana.^[7]

On March 17, 2009, President Barack Obama announced his intention to nominate Hamilton to a vacancy on the United States Court of Appeals for the Seventh Circuit that was created by the September 2008 transition to senior status by Judge Kenneth F. Ripple.^[18] Obama formally nominated Hamilton to the Seventh Circuit later that day.^[1]

On June 4, 2009, Hamilton was voted out of the United States Senate Committee on the Judiciary in a party-line, 12-7 vote.^[19][20]

On November 10, 2009, Senate Majority Leader Harry Reid filed for cloture on Hamilton's nomination. On November 17, 2009, the Senate voted 70-29 to end the Republican filibuster of the nomination. Judge Hamilton was the first Obama judicial nominee subject to a cloture vote.^[21] The Senate approved Hamilton's nomination in a 59-39 vote on November 19, 2009.

Family

Hamilton's brother, John Hamilton, is married to Dawn Johnsen, whose nomination to serve as assistant attorney general for the Office of Legal Counsel in the United States Department of Justice was blocked by the U.S. Congress.^[22] His father, Richard "Dick" Hamilton is a retired United Methodist minister who served the North United Methodist Church in Indianapolis for many years.

References

1. ^ ^{a b} http://www.whitehouse.gov/the_press_office/Presidential-Nomination-Sent-to-the-Senate-3/17
2. ^ President Obama Announces David Hamilton for the United States 7th Circuit Court of Appeals The White House, March 17, 2009
3. ^ Neil A. Lewis, Moderate Is Said to Be Pick for Court The New York Times, March 17, 2009
4. ^ Lauren Kornreich, Obama picks moderate as first judicial nominee, CNN, March 17, 2009
5. ^ Maureen Groppe, Senate panel OKs Indiana judge, Indianapolis Star (June 4, 2009).
6. ^ http://judiciary.senate.gov/nominations/111thCongress.cfm
7. ^ ^{a b c d e f} David Hamilton at the Biographical Directory of Federal Judges, a public domain publication of the Federal Judicial Center.
8. ^ Chief Judge David F. Hamilton United States District Court, Southern District of Indiana
9. ^ ^{a b} [1]
10. ^ http://legaltimes.typepad.com/blt/2009/03/obamas-circuit-nominee-mixed-corporate-civil-liberties-work.html
11. ^ American Amusement Mach. Ass'n v. Cottey, 115 F. Supp. 2d 943 (S.D. Ind. 2000).
12. ^ American Amusement Machine Association v. Kendrick, 244 F.3d 572 (7th Cir. 2001).
13. ^ [2] Hinrichs v. Bosma, 400 F.Supp.2d 1103 (S.D.Ind.2005), Entry on Post Judgment Motion at 15 (Dec. 28, 2005)
14. ^ "Judge Bars Indiana Legislature from Christian Prayers". Associated Press / Fox News. 2005-12-01. http://www.foxnews.com/story/0,2933,177244,00.html. 
15. ^ Lithwick, Dahlia (200-11-19). "Jesus vs. Allah: The fight over God's secular title". Newsweek. http://www.newsweek.com/id/223519. 
16. ^ Hinrichs v. Speaker of the House of Representatives, 506 F.3rd 584 (7th Cir. 2007)
17. ^ United States v. Turner, 206 Fed. Appx. 572 (7th Cir. 2006).
18. ^ [3]
19. ^ http://judiciary.senate.gov/nominations/111thCongressJudicialNominations/Materials111thCongress.cfm
20. ^ http://leahy.senate.gov/press/200906/060409c.html
21. ^ http://www.senate.gov/legislative/LIS/roll_call_lists/vote_menu_111_1.htm
22. ^ [4]

External links

• David Hamilton at the Biographical Directory of Federal Judges, a public domain publication of the Federal Judicial Center.
• Recent opinions by Chief Judge David F. Hamilton, from the United States District Court, Southern District of Indiana
• David Hamilton at the Alliance for Justice

Legal offices
Preceded by Samuel Dillin	Judge of the District Court for the Southern District of Indiana 1994–2009	Succeeded by Tanya Pratt
Preceded by Larry McKinney	Chief Judge of the District Court for the Southern District of Indiana 2008–2009	Succeeded by Richard Young
Preceded by Kenneth Ripple	Judge of the Court of Appeals for the Seventh Circuit 2009–present	Incumbent

Persondata
Name	Hamilton, David Frank
Alternative names
Short description	United States federal judge
Date of birth	1957
Place of birth	Bloomington, Indiana
Date of death
Place of death