Joyce Hens Green
Encyclopedia
Judge Joyce Hens Green is a Senior United States District Court
Judge for the District of Columbia
.
. Her father was a psychiatrist and her mother was a homemaker. She had one brother. Her parents encouraged her to go to college and to medical school, but she elected to attend law school.
, receiving a B.A.
in 1949. She entered the University of Maryland Law School and transferred to the George Washington University Law School, receiving a J.D.
from that institution in two years, in 1951. She also received an honorary Doctor of Laws from George Washington in 1994 and has been named a Distinguished Alumnus of Towson High School
.
appointed Judge Green to United States District Court for the District of Columbia in May 1979.
Judge Green was a member of the U.S. Foreign Intelligence Surveillance Court
from May 1988 until May 1995, and served as its Presiding Judge from May 1990 until 1995. She changed her status to Senior Judge in July 1995.
, the American Judicature Society
, the Federal Bar Association and the National Association of Women Judges.
On June 16, 2004 Green was the recipient of an American Inns of Court Professionalism Award.
in the case of on a pretrial motion for summary judgment.
turned over to the bank's victims. BCCI had been involved in criminal activity and its assets had been freed in 1992. Green had heard, and ruled on, three challenges to the release of the seized funds.
in Federal Election Commission v. The Christian Coalition Civil Action No. 96-1781 Opinion & Order; and Judgment, filed August 2, 1999. The FEC had challenged the propriety of the Christian Coalition's distribution of voter guides, on the grounds it had been too closely tied to large corporate donors.
Green's 108 page judgment had supported the FEC in two instances; when the Christian Coalition had broken FEC guidelines in their explicit advocacy of the re-election of Newt Gingrich
; and when the Christian Coalition had handed over their membership list to Senate candidate Oliver North
.
cases. On January 31, 2005, Judge Green ruled that:
(1) detainees had the fundamental Fifth Amendment
right not to be deprived of liberty without due process of law;
(2) complaints stated a claim for violation of due process based on Combatant Status Review Tribunal
's ("CSRT") extensive reliance on classified information in its resolution of “enemy combatant” status of detainees, the detainees' inability to review that information, and the prohibition of assistance by counsel jointly deprived detainees of sufficient notice of the factual bases for their detention and denied them a fair opportunity to challenge their incarceration;
(3) due process required that CSRT sufficiently consider whether the evidence
upon which the tribunal relied in making its “enemy combatant” determinations had been obtained through torture
;
(4) complaints stated a claim for violation of due process based on the government's employment of an overly broad definition of “enemy combatant” subject to indefinite detention; and
(5) Geneva Conventions
applied to the Taliban detainees, but not to members of al Qaeda terrorist organization.
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
Judge for the District of Columbia
United States District Court for the District of Columbia
The United States District Court for the District of Columbia is a federal district court. Appeals from the District are taken to the United States Court of Appeals for the District of Columbia Circuit The United States District Court for the District of Columbia (in case citations, D.D.C.) is a...
.
Childhood
Green was born in 1928 in New York CityNew York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
. Her father was a psychiatrist and her mother was a homemaker. She had one brother. Her parents encouraged her to go to college and to medical school, but she elected to attend law school.
Education
Judge Green graduated from the University of MarylandUniversity of Maryland, College Park
The University of Maryland, College Park is a top-ranked public research university located in the city of College Park in Prince George's County, Maryland, just outside Washington, D.C...
, receiving a B.A.
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
in 1949. She entered the University of Maryland Law School and transferred to the George Washington University Law School, receiving 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...
from that institution in two years, in 1951. She also received an honorary Doctor of Laws from George Washington in 1994 and has been named a Distinguished Alumnus of Towson High School
Towson High School
Towson High School is a high school in Baltimore County, Maryland, founded in 1873. The school's current stone structure was built in 1949. Located in the northern Baltimore suburb of Towson and serving the surrounding communities of Towson, Lutherville, and Ruxton, it is part of the Baltimore...
.
Marriage and family life
Green was married to attorney Samuel Green (d.1988) and had three children: Michael Green, June Green, and James Harry Green. She has several grandchildren.Professional Experience
Judge Green practiced law in the District of Columbia and Virginia until she was appointed Associate Judge of the Superior Court of the District of Columbia in 1968, where she served until her appointment to the Federal bench in 1979. President Jimmy CarterJimmy Carter
James Earl "Jimmy" Carter, Jr. is an American politician who served as the 39th President of the United States and was the recipient of the 2002 Nobel Peace Prize, the only U.S. President to have received the Prize after leaving office...
appointed Judge Green to United States District Court for the District of Columbia in May 1979.
Judge Green was a member of the U.S. Foreign Intelligence Surveillance Court
United States Foreign Intelligence Surveillance Court
The United States Foreign Intelligence Surveillance Court is a U.S. federal court authorized under , . It was established by the Foreign Intelligence Surveillance Act of 1978 . The FISC oversees requests for surveillance warrants against suspected foreign intelligence agents inside the United...
from May 1988 until May 1995, and served as its Presiding Judge from May 1990 until 1995. She changed her status to Senior Judge in July 1995.
Professional Affiliations
Judge Green is a member of the American Bar AssociationAmerican 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...
, the American Judicature Society
American Judicature Society
The American Judicature Society is an independent, nonpartisan, national organization of judges, lawyers, and interested members of the public whose mission is to improve the American justice system - to "secure and promote an independent and qualified judiciary and fair system of justice." ...
, the Federal Bar Association and the National Association of Women Judges.
On June 16, 2004 Green was the recipient of an American Inns of Court Professionalism Award.
IRS v. The Church of Scientology
In 1992, Judge Green ruled in favor of the Church of ScientologyChurch of Scientology
The Church of Scientology is an organization devoted to the practice and the promotion of the Scientology belief system. The Church of Scientology International is the Church of Scientology's parent organization, and is responsible for the overall ecclesiastical management, dissemination and...
in the case of on a pretrial motion for summary judgment.
Release of BCCI's frozen assets
On September 1, 1995 Green Ordered $393 million seized from the Bank of Credit and Commerce InternationalBank of Credit and Commerce International
The Bank of Credit and Commerce International was a major international bank founded in 1972 by Agha Hasan Abedi, a Pakistani financier. The Bank was registered in Luxembourg with head offices in Karachi and London. Within a decade BCCI touched its peak...
turned over to the bank's victims. BCCI had been involved in criminal activity and its assets had been freed in 1992. Green had heard, and ruled on, three challenges to the release of the seized funds.
FEC v. The Christian Coalition
Green ruled against the Federal Election CommissionFederal Election Commission
The Federal Election Commission is an independent regulatory agency that was founded in 1975 by the United States Congress to regulate the campaign finance legislation in the United States. It was created in a provision of the 1975 amendment to the Federal Election Campaign Act...
in Federal Election Commission v. The Christian Coalition Civil Action No. 96-1781 Opinion & Order; and Judgment, filed August 2, 1999. The FEC had challenged the propriety of the Christian Coalition's distribution of voter guides, on the grounds it had been too closely tied to large corporate donors.
Green's 108 page judgment had supported the FEC in two instances; when the Christian Coalition had broken FEC guidelines in their explicit advocacy of the re-election of Newt Gingrich
Newt Gingrich
Newton Leroy "Newt" Gingrich is a U.S. Republican Party politician who served as the House Minority Whip from 1989 to 1995 and as the 58th Speaker of the U.S. House of Representatives from 1995 to 1999....
; and when the Christian Coalition had handed over their membership list to Senate candidate Oliver North
Oliver North
Oliver Laurence North is a retired U.S. Marine Corps officer, political commentator, host of War Stories with Oliver North on Fox News Channel, a military historian, and a New York Times best-selling author....
.
In re Guantanamo Detainee Cases
On September 15, 2004, Judge Green was appointed the coordinating judge for all Guantanamo BayGuantanamo Bay detainment camp
The Guantanamo Bay detention camp is a detainment and interrogation facility of the United States located within Guantanamo Bay Naval Base, Cuba. The facility was established in 2002 by the Bush Administration to hold detainees from the war in Afghanistan and later Iraq...
cases. On January 31, 2005, Judge Green ruled that:
(1) detainees had the fundamental Fifth Amendment
Fifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
right not to be deprived of liberty without due process of law;
(2) complaints stated a claim for violation of due process based on Combatant Status Review Tribunal
Combatant Status Review Tribunal
The Combatant Status Review Tribunals were a set of tribunals for confirming whether detainees held by the United States at the Guantanamo Bay detention camp had been correctly designated as "enemy combatants". The CSRTs were established July 7, 2004 by order of U.S. Deputy Secretary of Defense...
's ("CSRT") extensive reliance on classified information in its resolution of “enemy combatant” status of detainees, the detainees' inability to review that information, and the prohibition of assistance by counsel jointly deprived detainees of sufficient notice of the factual bases for their detention and denied them a fair opportunity to challenge their incarceration;
(3) due process required that CSRT sufficiently consider whether the evidence
Evidence
Evidence in its broadest sense includes everything that is used to determine or demonstrate the truth of an assertion. Giving or procuring evidence is the process of using those things that are either presumed to be true, or were themselves proven via evidence, to demonstrate an assertion's truth...
upon which the tribunal relied in making its “enemy combatant” determinations had been obtained through torture
Torture
Torture is the act of inflicting severe pain as a means of punishment, revenge, forcing information or a confession, or simply as an act of cruelty. Throughout history, torture has often been used as a method of political re-education, interrogation, punishment, and coercion...
;
(4) complaints stated a claim for violation of due process based on the government's employment of an overly broad definition of “enemy combatant” subject to indefinite detention; and
(5) Geneva Conventions
Geneva Conventions
The Geneva Conventions comprise four treaties, and three additional protocols, that establish the standards of international law for the humanitarian treatment of the victims of war...
applied to the Taliban detainees, but not to members of al Qaeda terrorist organization.
External links
- Judge Green's official bio
- Legends in the Law: A Conversation with Joyce Hens Green, District of Columbia Bar Report, 1999