Diane S. Sykes
Encyclopedia
Diane Schwerm Sykes is a federal judge
on the United States Court of Appeals for the Seventh Circuit
and former Justice of the Wisconsin Supreme Court
.
in 1976 and then earned a B.S.
degree in journalism at Northwestern University
in 1980, and a J.D.
at Marquette University Law School
in 1984.
After law school, Sykes clerked
for Judge Terence T. Evans
at the U.S. District Court for the Eastern District of Wisconsin. She was in private practice from 1985 to 1992 in Milwaukee, working as a corporate lawyer for Whyte & Hirschboeck, a medium-sized law firm. Sykes was appointed by then-Governor Tommy G. Thompson to be a trial judge on the Milwaukee County Circuit Court in 1992, serving in the misdemeanor
, felony
, and civil
divisions. She left the trial court in 1999 for the Wisconsin Supreme Court
, where she served until her appointment to the Seventh Circuit in 2004. After being appointed to the Wisconsin Supreme Court, she was elected to the court, defeating Louis B. Butler, Jr., who was later appointed to the Wisconsin Supreme Court by Governor Jim Doyle
in 2004.
nominated Sykes to a seat on the Seventh Circuit
on November 14, 2003. The Senate Judiciary Committee approved her nomination (14-5) on March 11, 2004, and she was confirmed 70-27 by the U.S. Senate on June 24, 2004. She was the first judge appointed to the Seventh Circuit by Bush.
On joining the Seventh Circuit, Sykes began serving on the court with Judge Terence T. Evans
, for whom she had clerked. It is extremely rare for a judge and their former law clerk
to serve together on the same court.
radio talk show host Charlie Sykes of WTMJ
in Milwaukee, but they are now divorced. Sykes has two children from that marriage.
Sykes is a member of the Federalist Society
.
for President Bush, and seems likely to be a leading contender in the next GOP administration.
United States federal judge
In the United States, the title of federal judge usually means a judge appointed by the President of the United States and confirmed by the United States Senate in accordance with Article II of the United States Constitution....
on the United States Court of Appeals for the Seventh Circuit
United States Court of Appeals for the Seventh Circuit
The United States Court of Appeals for the Seventh Circuit is a federal court with appellate jurisdiction over the courts in the following districts:* Central District of Illinois* Northern District of Illinois...
and former Justice of the Wisconsin Supreme Court
Wisconsin Supreme Court
The Wisconsin Supreme Court is the highest appellate court in the state of Wisconsin. The Supreme Court has jurisdiction over original actions, appeals from lower courts, and regulation or administration of the practice of law in Wisconsin.-Location:...
.
Background
Sykes graduated from Brown Deer High SchoolBrown Deer High School
Brown Deer High School is a high school on North 60th Street, Brown Deer, Wisconsin, USA. It serves about 700 students in grades 9 through 12.-Sports:...
in 1976 and then earned a B.S.
Bachelor of Science
A Bachelor of Science is an undergraduate academic degree awarded for completed courses that generally last three to five years .-Australia:In Australia, the BSc is a 3 year degree, offered from 1st year on...
degree in journalism at Northwestern University
Northwestern University
Northwestern University is a private research university in Evanston and Chicago, Illinois, USA. Northwestern has eleven undergraduate, graduate, and professional schools offering 124 undergraduate degrees and 145 graduate and professional degrees....
in 1980, and a J.D.
Juris Doctor
Juris Doctor is a professional doctorate and first professional graduate degree in law.The degree was first awarded by Harvard University in the United States in the late 19th century and was created as a modern version of the old European doctor of law degree Juris Doctor (see etymology and...
at Marquette University Law School
Marquette University Law School
Marquette University Law School is the professional school for the study of law at Marquette University in Milwaukee, Wisconsin, and one of only two law schools in Wisconsin. With 45 full-time professors and approximately 760 J.D. students, the law school is ranked in the top tier among American...
in 1984.
After law school, Sykes clerked
Law clerk
A law clerk or a judicial clerk is a person who provides assistance to a judge in researching issues before the court and in writing opinions. Law clerks are not court clerks or courtroom deputies, who are administrative staff for the court. Most law clerks are recent law school graduates who...
for Judge Terence T. Evans
Terence T. Evans
Terence Thomas Evans was a judge on the United States Court of Appeals for the Seventh Circuit.Evans received a B.A.degree from Marquette University in 1962 and his J.D. degree from Marquette University Law School in 1967. He was assistant district attorney for Milwaukee County, Wisconsin and was...
at the U.S. District Court for the Eastern District of Wisconsin. She was in private practice from 1985 to 1992 in Milwaukee, working as a corporate lawyer for Whyte & Hirschboeck, a medium-sized law firm. Sykes was appointed by then-Governor Tommy G. Thompson to be a trial judge on the Milwaukee County Circuit Court in 1992, serving in the misdemeanor
Misdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
, felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
, and civil
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
divisions. She left the trial court in 1999 for the Wisconsin Supreme Court
Wisconsin Supreme Court
The Wisconsin Supreme Court is the highest appellate court in the state of Wisconsin. The Supreme Court has jurisdiction over original actions, appeals from lower courts, and regulation or administration of the practice of law in Wisconsin.-Location:...
, where she served until her appointment to the Seventh Circuit in 2004. After being appointed to the Wisconsin Supreme Court, she was elected to the court, defeating Louis B. Butler, Jr., who was later appointed to the Wisconsin Supreme Court by Governor Jim Doyle
Jim Doyle
James Edward "Jim" Doyle is a Wisconsin politician and member of the Democratic Party. He was the 44th Governor of Wisconsin, serving from January 6, 2003 to January 3, 2011. He defeated incumbent Governor Scott McCallum by a margin of 45 percent to 41 percent; the Libertarian Party candidate Ed...
in 2004.
Seventh Circuit nomination and confirmation
President George W. BushGeorge W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
nominated Sykes to a seat on the Seventh Circuit
United States Court of Appeals for the Seventh Circuit
The United States Court of Appeals for the Seventh Circuit is a federal court with appellate jurisdiction over the courts in the following districts:* Central District of Illinois* Northern District of Illinois...
on November 14, 2003. The Senate Judiciary Committee approved her nomination (14-5) on March 11, 2004, and she was confirmed 70-27 by the U.S. Senate on June 24, 2004. She was the first judge appointed to the Seventh Circuit by Bush.
On joining the Seventh Circuit, Sykes began serving on the court with Judge Terence T. Evans
Terence T. Evans
Terence Thomas Evans was a judge on the United States Court of Appeals for the Seventh Circuit.Evans received a B.A.degree from Marquette University in 1962 and his J.D. degree from Marquette University Law School in 1967. He was assistant district attorney for Milwaukee County, Wisconsin and was...
, for whom she had clerked. It is extremely rare for a judge and their former law clerk
Law clerk
A law clerk or a judicial clerk is a person who provides assistance to a judge in researching issues before the court and in writing opinions. Law clerks are not court clerks or courtroom deputies, who are administrative staff for the court. Most law clerks are recent law school graduates who...
to serve together on the same court.
Supreme Court of Wisconsin
- Baierl v. McTaggart, 245 Wis. 2d 632 (2001) -- Dissent urging use of common law to overturn statutory rescission remedy in landlord-tenant law.
- Putnam v. Time Warner, 255 Wis.2d 447 (2002) -- Dissenting in part, denying statutory action for wrongful charges on cable bill, using "voluntary payment doctrine."
- Bammert v. Don's Super Valu, 254 Wis. 2d 347 (2002) -- Opinion of the Court refusing a cause of action for retaliation involving terminated wife of police officer who ticketed a drunk driver.
- State v. Carlson, 261 Wis.2d 97 (2003) -- Dissent urging affirmation of verdict involving non-English speaking juror.
- Tietsworth v. Harley Davidson, 270 Wis.2d 146 (2004) -- Opinion of the Court denying statutory cause of action under Wisconsin Deceptive Trade Practices Act, using "economic loss doctrine".
Seventh Circuit U.S. Court of Appeals
- Christian Legal Society v. Walker 453 F.3d 853 (2006) -- Opinion for the panel reversing the district court's denial of Christian Legal Society's motion for a temporary injunction.
- Chapman Kelley v. Chicago Park District, 635 F.3d 290 (2011) -- Opinion for the panel holding that wildflower art is not copyrightable
- Ezell v. City of Chicago (2011) --- Opinion for the panel holding that firing ranges are protected under the Second Amendment and granting preliminary injunction against Chicago's ban on firing ranges
Separate opinions
- Casey K. v. St. Anne Community High Sch. Dist. No. 302, 400 F.3d 508 (7th Cir. 2005) (dissent)
- United States v. O'Neill, 437 F.3d 654 (7th Cir. 2006) (dissent)
- In re United Airlines, 438 F.3d 720 (7th Cir. 2006) (concurring in part and dissenting in part)
- Johns v. Laidlaw Ed. Serv.,199 Fed. Appx. 568 (7th Cir. 2006) (dissent)
- Currie v. Paper Converting Machine Co., 202 Fed. Appx. 120 (7th Cir. 2006) (concurrence)
- Loubster v. Thacker, 440 F.3d 439 (7th Cir. 2006) (concurring in part and dissenting in part)
- Laskowski v. Spellings, 443 F.3d 930 (7th Cir. 2006) (dissent), vacated sub nom. Notre Dame v. Laskowski, 127 S. Ct. 3051 (2007)
- Winkler v. Gates, 481 F.3d 977 (7th Cir. 2007) (concurrence)
- IBEW v. Ill. Bell Telephone Co., 491 F.3d 685 (7th Cir. 2007) (dissent)
- Mainstreet Org. of Realtors v. Calumet City, 505 F.3d 742 (7th Cir. 2007) (concurrence)
Law review articles
- Hallows Lecture: Reflections on the Wisconsin Supreme Court, 89 Marq. L. Rev. 723 (2006)
- "Of a Judiciary Nature": Observations on Chief Justice Roberts's First Opinions, 34 Pepp. L. Rev. 1027 (2007)
- Religious Liberties: The Role of Religion in Public Debate, 20 Regent U. L. Rev. 301 (2008) (introductory remarks)
- Citation to Unpublished Orders Under New FRAP Rule 32.1 and Circuit Rule 32.1: Early Experience in the Seventh Circuit, 32 S. Ill. U. L. J. 579 (2008)
- Independence versus Accountability: Finding a Balance Amidst the Changing Politics of State Court Judicial Selection, 92 Marq. L. Rev. 341 (2008)
Personal
Sykes was married to conservativeConservatism
Conservatism is a political and social philosophy that promotes the maintenance of traditional institutions and supports, at the most, minimal and gradual change in society. Some conservatives seek to preserve things as they are, emphasizing stability and continuity, while others oppose modernism...
radio talk show host Charlie Sykes of WTMJ
WTMJ (AM)
WTMJ is a radio station in Milwaukee, Wisconsin broadcasting at 620 AM. It is a 50,000-watt station airing a format of news, talk and sports. WTMJ is owned by Journal Broadcast Group, which also owns the Milwaukee Journal Sentinel and sister station WLWK-FM....
in Milwaukee, but they are now divorced. Sykes has two children from that marriage.
Sykes is a member of the Federalist Society
Federalist Society
The Federalist Society for Law and Public Policy Studies, most frequently called simply the Federalist Society, is an organization of conservatives seeking reform of the current American legal system in accordance with a textualist and/or originalist interpretation of the U.S. Constitution...
.
Possible Supreme Court nomination
Sykes was mentioned as a potential nominee to the Supreme CourtBush Supreme Court candidates
Speculation abounded over potential nominations to the Supreme Court of the United States by President George W. Bush since before his presidency....
for President Bush, and seems likely to be a leading contender in the next GOP administration.
External links
- White House Nomination Announcement Announcement | Judiciary Committee hearings text, PDF | Senate debate (150 Congressional Record S7360-S7366) | Senate vote
- 2006 Speech reviewing the Wisconsin Supreme Court's previous term
- Biographical article from the Wisconsin State Bar Association website.