Leonard I. Garth
Encyclopedia
Judge Leonard I. Garth is a senior judge on the United States Court of Appeals for the Third Circuit
.
Garth was born in Brooklyn, New York, and graduated with a bachelor of arts from Columbia University
in 1942. He served during World War II
as a United States Army
Lieutenant
from 1943 to 1946. Upon his return, he earned his law degree from Harvard Law School
in 1952.
After building a private practice in Paterson, New Jersey
, Garth was made a judge
in the U.S. District Court for the District of New Jersey by President Richard M. Nixon in 1969, and elevated to the Third Circuit by Nixon in 1973. He assumed senior status
in 1986.
Supreme Court
Justice Samuel Alito
clerked for Judge Garth from 1976 to 1977 in his first job out of law school
. Judge Garth currently holds the distinction of being one of two living judges for whom a member of the U.S. Supreme Court has clerked. (Abner Mikva, for whom Justice Kagan clerked, is the other.)
Judge Garth had been a lecturer at Rutgers Law School
and at Seton Hall Law School.
was confirmed to replace Sandra Day O'Connor
on the Supreme Court.
In his opening remarks before the Senate Judiciary Committee, Alito referred to his service with Garth as being formative, stating that Garth "taught all of his law clerks that every case has to be decided on an individual basis, and he really didn't have much use for any grand theories." Garth is said to disapprove of "results oriented" judging, instead holding that cases must be decided on the application of the law and legal principles, without reference to underlying social policy, or who among the litigants is more deserving.
Judge Garth is careful and strict about proper appellate procedure, and is the original author of the Circuit's internal manual for appellate jurisdiction and standards of review. The merits of a case can only be decided, in Garth's view, if the underlying procedure has been properly followed.
Garth's judicial philosophy, as Alito indicates, really isn't a philosophy regarding the law at all. It is much more a code of conduct for the proper execution of his duties as a judge. Garth believes strongly in giving every litigant's arguments his complete attention (his preparation for each case is legendary), making sure that any key factual points relied on by attorneys (or colleagues) are found in the record, deciding only so much as is required in order to resolve a case and not any more, and making sure that the decision is clear and unambiguous, so that it can be properly followed.
United States Court of Appeals for the Third Circuit
The United States Court of Appeals for the Third Circuit is a federal court with appellate jurisdiction over the district courts for the following districts:* District of Delaware* District of New Jersey...
.
Garth was born in Brooklyn, New York, and graduated with a bachelor of arts from Columbia University
Columbia University
Columbia University in the City of New York is a private, Ivy League university in Manhattan, New York City. Columbia is the oldest institution of higher learning in the state of New York, the fifth oldest in the United States, and one of the country's nine Colonial Colleges founded before the...
in 1942. He served during World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
as a United States Army
United States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...
Lieutenant
Lieutenant
A lieutenant is a junior commissioned officer in many nations' armed forces. Typically, the rank of lieutenant in naval usage, while still a junior officer rank, is senior to the army rank...
from 1943 to 1946. Upon his return, he earned his law degree from Harvard Law School
Harvard Law School
Harvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...
in 1952.
After building a private practice in Paterson, New Jersey
Paterson, New Jersey
Paterson is a city serving as the county seat of Passaic County, New Jersey, United States. As of the 2010 United States Census, its population was 146,199, rendering it New Jersey's third largest city and one of the largest cities in the New York City Metropolitan Area, despite a decrease of 3,023...
, Garth was made a judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
in the U.S. District Court for the District of New Jersey by President Richard M. Nixon in 1969, and elevated to the Third Circuit by Nixon in 1973. He assumed 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...
in 1986.
Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
Justice Samuel Alito
Samuel Alito
Samuel Anthony Alito, Jr. is an Associate Justice of the U.S. Supreme Court. He was nominated by President George W. Bush and has served on the court since January 31, 2006....
clerked for Judge Garth from 1976 to 1977 in his first job out of law school
Law school
A law school is an institution specializing in legal education.- Law degrees :- Canada :...
. Judge Garth currently holds the distinction of being one of two living judges for whom a member of the U.S. Supreme Court has clerked. (Abner Mikva, for whom Justice Kagan clerked, is the other.)
Judge Garth had been a lecturer at Rutgers Law School
Rutgers University
Rutgers, The State University of New Jersey , is the largest institution for higher education in New Jersey, United States. It was originally chartered as Queen's College in 1766. It is the eighth-oldest college in the United States and one of the nine Colonial colleges founded before the American...
and at Seton Hall Law School.
Judicial philosophy
Garth has recently received public attention, as his colleague on the Third Circuit, and former law clerk, Samuel AlitoSamuel Alito
Samuel Anthony Alito, Jr. is an Associate Justice of the U.S. Supreme Court. He was nominated by President George W. Bush and has served on the court since January 31, 2006....
was confirmed to replace 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...
on the Supreme Court.
In his opening remarks before the Senate Judiciary Committee, Alito referred to his service with Garth as being formative, stating that Garth "taught all of his law clerks that every case has to be decided on an individual basis, and he really didn't have much use for any grand theories." Garth is said to disapprove of "results oriented" judging, instead holding that cases must be decided on the application of the law and legal principles, without reference to underlying social policy, or who among the litigants is more deserving.
Judge Garth is careful and strict about proper appellate procedure, and is the original author of the Circuit's internal manual for appellate jurisdiction and standards of review. The merits of a case can only be decided, in Garth's view, if the underlying procedure has been properly followed.
Garth's judicial philosophy, as Alito indicates, really isn't a philosophy regarding the law at all. It is much more a code of conduct for the proper execution of his duties as a judge. Garth believes strongly in giving every litigant's arguments his complete attention (his preparation for each case is legendary), making sure that any key factual points relied on by attorneys (or colleagues) are found in the record, deciding only so much as is required in order to resolve a case and not any more, and making sure that the decision is clear and unambiguous, so that it can be properly followed.