Barry G. Silverman
Encyclopedia
Barry G. Silverman is a federal judge
Federal judge
Federal judges are judges appointed by a federal level of government as opposed to the state / provincial / local level.-Brazil:In Brazil, federal judges of first instance are chosen exclusively by public contest...

 on the U.S. Court of Appeals for the Ninth Circuit.

Education and Early Career

Born in Bronx, N.Y., Silverman attended Phoenix's Central High School in the late 1960s. Silverman earned his B.A. from Arizona State University
Arizona State University
Arizona State University is a public research university located in the Phoenix Metropolitan Area of the State of Arizona...

 in 1973 and his law degree from the Arizona State University College of Law
Sandra Day O'Connor College of Law
Sandra Day O'Connor College of Law is one of the professional graduate schools at Arizona State University, located in Tempe, Arizona. Founded in 1964, the law school has held American Bar Association accreditation since 1969. The school is currently located in , adjacent to the architecturally...

 in 1976. Silverman served as assistant city prosecutor for the city of Phoenix from 1976 until 1977 and was the deputy county attorney from 1977 until 1979, being assigned to the courtroom of future U.S. Supreme Court Justice Sandra Day O'Connor
Sandra Day O'Connor
Sandra Day O'Connor is an American jurist who was the first female member of the Supreme Court of the United States. She served as an Associate Justice from 1981 until her retirement from the Court in 2006. O'Connor was appointed by President Ronald Reagan in 1981...

, who at that time was an Arizona jurist. Silverman was a Maricopa superior court commissioner from 1979 until 1984. Then-Arizona Gov. Bruce Babbitt
Bruce Babbitt
Bruce Edward Babbitt , a Democrat, served as United States Secretary of the Interior and as the 16th governor of Arizona, from 1978 to 1987.-Biography:...

 appointed Silverman a state superior court judge in 1984. In 1995, Silverman was appointed a United States magistrate judge in Phoenix.

Nomination to the Ninth Circuit and Confirmation

Nominated by William J. Clinton on November 8, 1997, to a seat vacated by William Cameron Canby, Jr.; Confirmed by the Senate on January 28, 1998, and received commission on February 4, 1998. Silverman's nomination enjoyed bipartisan support, with backing from Republican Sen. Jon Kyl
Jon Kyl
Jon Llewellyn Kyl is the junior U.S. Senator from Arizona and the Senate Minority Whip, the second-highest position in the Republican Senate leadership. In 2010 he was recognized by Time magazine as one of the 100 most influential people in the world for his persuasive role in the Senate.The son...

, a key member of the Senate Judiciary Committee. Silverman's nomination was sent by the Senate Judiciary Committee to the floor of the Senate on November 13, 1997. The full Senate confirmed Silverman in a voice vote on January 28, 1998. After Silverman's confirmation, he told the Jewish News of Greater Phoenix
Jewish News of Greater Phoenix
Jewish News of Greater Phoenix is an independent weekly Jewish newspaper published in Phoenix, Arizona. The newspaper reports on local, national, and international stories of interest to the Jewish community in metropolitan Phoenix.-History:...

in an article that appeared on February 6, 1998 that he was "really grateful" to President Clinton, Sen. John McCain
John McCain
John Sidney McCain III is the senior United States Senator from Arizona. He was the Republican nominee for president in the 2008 United States election....

, Sen. Jon Kyl
Jon Kyl
Jon Llewellyn Kyl is the junior U.S. Senator from Arizona and the Senate Minority Whip, the second-highest position in the Republican Senate leadership. In 2010 he was recognized by Time magazine as one of the 100 most influential people in the world for his persuasive role in the Senate.The son...

 and Rep. Ed Pastor
Ed Pastor
Edward Lopez "Ed" Pastor is the U.S. Representative for , serving since 1991. He is a member of the Democratic Party.The district includes most of southern, western, and downtown Phoenix, along with a portion of Glendale....

for their help and support in securing his confirmation. "I am going to try to live up to their confidence," he told the paper. In an article in the East Valley Tribune that ran on August 31, 2007, Silverman explained the support for him by two Republican senators by noting that he must have been a "registered Democrat that Republicans would be able to stomach. It just sort of fell in my lap, really."

Significant rulings

Since joining the Ninth Circuit, Silverman probably has become most known for writing the dissenting opinion for the 2-1 ruling in May 2002 that overturned a Sacramento federal judgement court's decision barring male prisoners the constitutional right to procreate and mail their sperm from jail. As the lone dissenting member of that earlier three-judge panel, Silverman famously wrote in September 2001 that the ruling would permit prisoners "to procreate from prison via FedEx," according to a September 6, 2001 article in the Los Angeles Times.

External links

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