Kermit Edward Bye
Encyclopedia
Kermit Edward Bye 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 United States Court of Appeals for the Eighth Circuit
United States Court of Appeals for the Eighth Circuit
The United States Court of Appeals for the Eighth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Arkansas* Western District of Arkansas...

.

Early life and education

Born in Hatton, North Dakota
Hatton, North Dakota
As of the census of 2000, there were 407 people, 289 households, and 186 families residing in the city. The population density was 1,184.2 people per square mile . There were 331 housing units at an average density of 554.4 per square mile...

, Bye earned a B.S. from the University of North Dakota
University of North Dakota
The University of North Dakota is a public university in Grand Forks, North Dakota, USA. Established by the Dakota Territorial Assembly in 1883, six years before the establishment of the state of North Dakota, UND is the oldest and largest university in the state and enrolls over 14,000 students. ...

 in 1959 and a law degree in 1962 from the University of North Dakota School of Law
University of North Dakota School of Law
The University of North Dakota School of Law is located in Grand Forks, North Dakota at the University of North Dakota and is the only law school in the state of North Dakota. Established in 1899, the law school is home to approximately 235 students and has more than 3,000 alumni...

.

Professional career

After completing law school, Bye worked as deputy state securities commissioner in North Dakota from 1962 until 1964 and as a special assistant attorney general in North Dakota from 1964 until 1966. He then was an assistant U.S. attorney for the district of North Dakota from 1966 until 1968. Bye joined the Vogel law firm in Fargo, North Dakota
Fargo, North Dakota
Fargo is the largest city in the U.S. state of North Dakota and the county seat of Cass County. In 2010, its population was 105,549, and it had an estimated metropolitan population of 208,777...

, in 1968, and practiced at that firm until his judicial confirmation in 2000.

Federal judicial service

President Clinton nominated Bye to his Eighth Circuit seat on April 22, 1999 to fill a vacancy created by the death in 1998 of Judge John David Kelly
John David Kelly
John David Kelly was a United States federal circuit judge on the United States Court of Appeals for the Eighth Circuit.- Early life and education :...

, who was Bye's friend and former law partner. "I'm very pleased in the trust the president has placed in me and I'm honored to be able to follow my friend and 30-year law partner into this position," Bye told the Associated Press on the day of his nomination. "But it's unfortunate that this opportunity for me arose from his death."

Although Bye's nomination was unanimously approved by the U.S. Senate's Judiciary Committee on November 17, 1999, his nomination languished because of an impasse between President Clinton and Republicans in the Senate over the president's use of recess appointment
Recess appointment
A recess appointment is the appointment, by the President of the United States, of a senior federal official while the U.S. Senate is in recess. The U.S. Constitution requires that the most senior federal officers must be confirmed by the Senate before assuming office, but while the Senate is in...

s. Ultimately, however, the U.S. Senate confirmed Bye to the seat on the Eighth Circuit in a 98-0 vote on February 24, 2000, and he received his commission on March 9, 2000. "The process involved...can be complex at best, certainly at times confusing and at times even frustrating," Bye told his supporters at his June 1, 2000 swearing-in, according to an article on the Associated Press feed on June 2, 2000. But "when it all works out, then it doesn't seem so bad after all."
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