James Lyons (lawyer)
Encyclopedia
James M. Lyons is an attorney at law in Denver, Colorado
Denver, Colorado
The City and County of Denver is the capital and the most populous city of the U.S. state of Colorado. Denver is a consolidated city-county, located in the South Platte River Valley on the western edge of the High Plains just east of the Front Range of the Rocky Mountains...

. He is a commercial trial lawyer with extensive public service.

Early life and education

James Lyons was born in Joliet, Illinois
Joliet, Illinois
Joliet is a city in Will and Kendall Counties in the U.S. state of Illinois, located southwest of Chicago. It is the county seat of Will County. As of the 2010 census, the city was the fourth-most populated in Illinois, with a population of 147,433. It continues to be Illinois' fastest growing...

 on January 6, 1947 to Judge Michael Lyons and Helen Glass Lyons. He is the oldest of six children. He attended parochial elementary school and Joliet Catholic High School, graduating in 1964. He earned a bachelor's degree in Political Science from the College of the Holy Cross
College of the Holy Cross
The College of the Holy Cross is an undergraduate Roman Catholic liberal arts college located in Worcester, Massachusetts, USA...

 in Worcester, Massachusetts
Worcester, Massachusetts
Worcester is a city and the county seat of Worcester County, Massachusetts, United States. Named after Worcester, England, as of the 2010 Census the city's population is 181,045, making it the second largest city in New England after Boston....

 in 1968. He earned a law degree in 1971 from DePaul University College of Law
DePaul University College of Law
DePaul University College of Law is a law school located in Chicago, Illinois, USA. Founded in 1897 as the Illinois College of Law, the school became part of DePaul University in 1912 and is one of the academic colleges of DePaul, a Big East Conference university. The College is known for its...

 in Chicago, where he served as Associate Editor of the DePaul Law Review.

Professional career

Lyons joined the Denver law firm of Rothgerber Appel & Powers, now Rothgerber Johnson & Lyons, in September 1971. His initial practice involved financial institutions and civil litigation. He became a partner of the firm in 1974 and his name was added to the firm in 1999. His practice includes complex litigation, mediation and arbitration, and international business transactions. Recent clients include The Anschutz Corporation
The Anschutz Corporation
The Anschutz Corporation is a privately-held holding company headquartered in Denver, Colorado. It was started in 1958 by Fred Anschutz, an wildcatter, and the father of Philip Anschutz, who took over the company in 1962....

, the City and County of Denver, Colorado State University
Colorado State University
Colorado State University is a public research university located in Fort Collins, Colorado. The university is the state's land grant university, and the flagship university of the Colorado State University System.The enrollment is approximately 29,932 students, including resident and...

, and the Board of Directors of Qwest Communications International, Inc.

Lyons is admitted to state courts in Illinois and Colorado, and to various federal courts, including the Supreme Court of the United States
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...

. He served as President of the Faculty of Federal Advocates (FFA) of the United States District Court for the District of Colorado
United States District Court for the District of Colorado
The United States District Court for the District of Colorado is the Federal district court whose jurisdiction is the state of Colorado. The United States Congress organized Colorado as a single judicial district on June 26, 1876, by 19 Stat. 61...

. He also served as Chairman of the United States Magistrate Judge Merit Selection Panel for the United States District Court for the District of Colorado.

Lyons is a Fellow in the American College of Trial Lawyers
American College of Trial Lawyers
The American College of Trial Lawyers is a professional association of trial lawyers from the United States and Canada. Founded in 1950, the College is dedicated to maintaining and improving the standards of trial practice, the administration of justice and the ethics of the profession...

. Membership is by invitation and limited to fewer than one percent of active trial lawyers in the United States. He has served as ACTL Colorado State Chairman. He is a Fellow of the International Academy of Trial Lawyers. (Membership is by invitation only and is limited to 500 lawyers in the world.) He is also a member of the American Board of Trial Advocates (ABOTA). He has been listed in Best Lawyers in America since its inception (Commercial Litigation and Bet-the-Company Litigation).

Lyons is listed in Colorado Super Lawyers. For an unprecedented three consecutive years (2006, 2007 and 2008) he has been the number one vote getter in Colorado. He is the subject of a feature article in the April 2007 Colorado Super Lawyer entitled "The Gold Standard–How Jim Lyons Helped Bring Peace to Northern Ireland".

He is a former adjunct faculty member at the University of Denver College of Law and Graduate School of International Studies. He is a frequent panelist and lecturer to legal audiences on trial subjects, ethics and conflict resolution.

Public service

Lyons served as general counsel for the Clinton Transition Foundation and as counsel in the Office of the President-Elect
Office of the President-Elect
The Office of the President-Elect was a title used by Barack Obama to reference to the body coordinating the transition activities of the President-elect of the United States. The office is not mentioned in the U.S. Constitution, nor is it a statutory office of the Federal Government; however,...

 from November 1992 until February 1993.

In 1993, Lyons accepted a Presidential appointment to serve as U.S. Observer to the International Fund for Ireland
International Fund for Ireland
The International Fund for Ireland is an independent international organisation established in 1986 by the British and Irish governments with the objectives of promoting "economic and social advance and to encourage contact, dialogue and reconciliation between nationalists and unionists throughout...

. The International Fund for Ireland is a multi-nation foundation supported by the United States, the European Union, Canada, New Zealand and Australia. According to an independent assessment by the audit and accounting firm KPMG
KPMG
KPMG is one of the largest professional services networks in the world and one of the Big Four auditors, along with Deloitte, Ernst & Young and PwC. Its global headquarters is located in Amstelveen, Netherlands....

, the IFI is responsible for the creation of over 31,000 full-time permanent jobs in Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...

 and the border counties of the Republic of Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...

, and has been credited with supporting over 3,600 exceeding $1.5 billion of inward investment.

In 1997, Lyons was appointed by the President to replace Senator George J. Mitchell
George J. Mitchell
George John Mitchell, Jr., is the former U.S. Special Envoy for Middle East Peace under the Obama administration. A Democrat, Mitchell was a United States Senator who served as the Senate Majority Leader from 1989 to 1995...

 as Special Advisor to the President and U.S. Secretary of State for Economic Initiatives in Northern Ireland and the border counties of the Republic. In this capacity, Lyons coordinated programs of the U.S. State Department, United States Department of Commerce
United States Department of Commerce
The United States Department of Commerce is the Cabinet department of the United States government concerned with promoting economic growth. It was originally created as the United States Department of Commerce and Labor on February 14, 1903...

, United States Department of Education
United States Department of Education
The United States Department of Education, also referred to as ED or the ED for Education Department, is a Cabinet-level department of the United States government...

, United States Department of Agriculture
United States Department of Agriculture
The United States Department of Agriculture is the United States federal executive department responsible for developing and executing U.S. federal government policy on farming, agriculture, and food...

, United States Department of Labor
United States Department of Labor
The United States Department of Labor is a Cabinet department of the United States government responsible for occupational safety, wage and hour standards, unemployment insurance benefits, re-employment services, and some economic statistics. Many U.S. states also have such departments. The...

, and the Small Business Administration
Small Business Administration
The Small Business Administration is a United States government agency that provides support to entrepreneurs and small businesses. The mission of the Small Business Administration is "to maintain and strengthen the nation's economy by enabling the establishment and viability of small businesses...

 in support of the peace process in Northern Ireland. He was responsible for the establishment of Aspire, a micro loan fund in Belfast and the first of its kind in Western Europe. Lyons served as U.S. Observer and Special Advisor until January 2001.

In commenting on his service, President Bill Clinton
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...

 stated:


"Jim was very important to the peace process in Northern Ireland because of his tireless efforts to keep Americans involved in promoting economic development in a way that benefited both countries, promoted reconciliation and effectively demonstrated the depth of our commitment to peace."


In 2002, the University of Ulster
University of Ulster
The University of Ulster is a multi-campus, co-educational university located in Northern Ireland. It is the largest single university in Ireland, discounting the federal National University of Ireland...

 awarded Lyons an honorary Doctorate of Laws in recognition "of his service to the people of Northern Ireland and the cause of peace."

In 2006, Lyons served as executive director of the transition of Colorado Governor-elect Bill Ritter. In 2007, Governor Ritter appointed Lyons co-chair of the Jobs Cabinet, which is developing strategies to develop a prepared work force for existing and new businesses and industries in Colorado.

Whitewater

In February 1992, Lyons was engaged by the Clintons to investigate their involvement in the real estate investment later known as Whitewater
Whitewater
Whitewater is formed in a rapid, when a river's gradient increases enough to disturb its laminar flow and create turbulence, i.e. form a bubbly, or aerated and unstable current; the frothy water appears white...

. Within a month, Lyons issued a report which concluded that the Clintons had not been involved in the management of the Whitewater real estate venture or the failure or Madison Guaranty Savings & Loan. He also concluded that the Clintons had invested and lost substantial funds in connection with the Whitewater venture.

Two subsequent investigations resulted in reports, including the Final Report of the Independent Counsel. These two reports confirmed the conclusions of the so-called Lyons report. The Final Report of the Independent Counsel stated "all three investigative entities [i.e., Lyons, Pillsbury Madison & Sutro, and Independent Counsel] reached substantially the same conclusions" regarding the Clintons' financial contributions and involvement in Whitewater.

Nomination to the Tenth Circuit

On September 22, 1999, President Clinton nominated Lyons to a seat on the United States Court of Appeals for the Tenth Circuit
United States Court of Appeals for the Tenth Circuit
The United States Court of Appeals for the Tenth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* District of Colorado* District of Kansas...

 that had opened up when Tenth Circuit Judge John Carbone Porfilio
John Carbone Porfilio
John Carbone Porfilio is a United States federal judge.Born in Denver, Colorado, Porfilio received a B.A. from the University of Denver in 1956 and an LL.B. from the University of Denver College of Law in 1959. He was in private practice in Denver, Colorado from 1959 to 1962. He was an Assistant...

 assumed senior status. Although Lyons was given the highest rating ("well qualified") by the nonpartisan American Bar Association
American Bar Association
The American Bar Association , founded August 21, 1878, is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. The ABA's most important stated activities are the setting of academic standards for law schools, and the formulation...

 and supported by Colorado's senior senator at the time, Ben Nighthorse Campbell
Ben Nighthorse Campbell
Benjamin Nighthorse Campbell is an American politician. He was a U.S. Senator from Colorado from 1993 until 2005 and was during his tenure the only American Indian serving in the U.S. Congress. Campbell was a three term U.S. Representative from 1987 to 1993, when he was sworn into office as a...

, Colorado's other senator, Wayne Allard
Wayne Allard
Alan Wayne Allard is a member of the Republican Party, and was a United States Senator from Colorado. He did not seek re-election in 2008.-Early life:...

, used his home-state senator prerogative to block Lyons' nomination because of his ties to the Whitewater scandal. In an article in the Rocky Mountain News
Rocky Mountain News
The Rocky Mountain News was a daily newspaper published in Denver, Colorado, United States from April 23, 1859, until February 27, 2009. It was owned by the E. W. Scripps Company from 1926 until its closing. As of March 2006, the Monday-Friday circulation was 255,427...

 on December 11, 1999, Allard called Lyons' Whitewater report "a whitewash" and labeled Lyons "a political operative." "I'm interested in keeping the judiciary relatively free of politics," Allard told the paper. "If Nixon had a close political operative, and he was going to put him in the judiciary, I think there would be a lot of concerns about this. I think we need to look at Jim Lyons in that same vein - as a political operative." Lyons, however, told the paper that the work that he did for Clinton was essentially supported by an independent panel two years later, the Rocky Mountain News reported. "To say that the work I did for one client out of literally hundreds in the course of a career disqualifies me from being a federal judge is nothing less than grossly unfair," Lyons told the paper.

With Lyons' nomination going nowhere in the U.S. Senate, the White House withdrew his nomination on June 6, 2000. The following month, President Clinton nominated Christine Arguello
Christine Arguello
Christine Marie Arguello is a federal judge on the United States District Court for the District of Colorado and is a former Colorado state official. Previously, she was a nominee to the U.S...

 for the same post. However, with her nomination coming so late in Clinton's presidency, the U.S. Senate Judiciary Committee never held a hearing on Arguello's nomination, and her nomination expired when President George W. Bush took office.

Ultimately, President George W. Bush nominated Timothy Tymkovich
Timothy Tymkovich
Timothy Michael Tymkovich is a federal judge on the United States Court of Appeals for the Tenth Circuit.-Background:...

to the Tenth Circuit seat in 2003. He won Senate confirmation later in 2003.

External links

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