Rudolph T. Randa
Encyclopedia
Rudolph T. Randa is an Article III United States (federal) judge in the United States District Court for the Eastern District of Wisconsin
. Judge Randa is currently the Chief Judge of the Court serving as the Court's lead judicial administrative officer in conjunction with the clerk of that Court. Judge Randa has served in that capacity since 2002. His term as Chief Judge expires in October 2009.
. He was a graduate of Milwaukee Riverside High School
, with honors. He earned a bachelor's degree from the University of Wisconsin–Milwaukee, receiving academic honors and graduating as a distinguished military graduate in 1963. Judge Randa received his juris doctor
from the University of Wisconsin Law School
in 1966. Randa was in the same graduating class as former Governor of Wisconsin
, Tommy G. Thompson.
during the Vietnam War
. Judge Randa served with distinction, earning the Bronze Star Medal
, the VSM (Vietnam Service Medal
) with 5 campaign star
s, and the NDSM (National Defense Service Medal) and the VCM (Vietnam Campaign Medal
). The first three were awarded by the United States Army and the last awarded by the Republic of Vietnam.
In 1975, Randa was elected Municipal Judge in Milwaukee. In 1979, Randa was elected Circuit Judge for Milwaukee County. He was appointed to the Wisconsin Court of Appeals in 1981. Randa was re-appointed Circuit Judge and re-elected Circuit Judge in 1983, where he served until 1992. He also served tempus semestre on the 4th District Court of Appeals in 1983/1984 and 1984/1985.
In 1992, Judge Randa was appointed by President George H. W. Bush
to become a federal district judge in the Eastern District of Wisconsin. Randa's nomination was confirmed by the U.S. Senate on August 11, 1992 on unanimous consent. Randa succeeded Judge Robert Warren.
In 2002, Randa was appointed by Supreme Court Chief Justice William H. Rehnquist to serve on the Codes of Conduct Committee of the U.S. Judicial Conference. He served on the Codes of Conduct Committee until 2008.
In 2001, Judge Randa ruled that children in foster care have enforceable federal rights to a speedy adoption and can sue a state for failing to make them legally available for adoption as required under the Adoption and Safe Families Act of 19997 (ASFA). The ruling in Jeanine B v. McCallum was the first court ruling to fully examine the rights of children to sue under ASFA and whether those federal rights impose binding obligations on a state.
In 2009, in Flying J. v. Van Hollen, Judge Randa ruled that Wisconsin's minimum markup of 9.18% on gasoline as required by the Unfair Sales Act was unconstitutional. Judge Randa ruled that this provision creates an illegal restraint of trade in violation of the Sherman Act, and that the illegal restraint was not actively supervised by the State. Judge Randa enjoined the State from further enforcement of the law. Wisconsin Attorney General J.B. Van Hollen announced that he would not appeal the decision. The Wisconsin Petroleum Marketers & Convenience Store Association ("WPMCA") moved to intervene post-judgment and to appeal Judge Randa's ruling. In 2010 the 7th Circuit Court of Appeals over-ruled Judge Randa's decision and found Wisconsin's Unfair Sales Act to be constitutional.
Also in 2009, Judge Randa ordered that prison officials in Wisconsin's primary female correctional facility must make significant changes in the distribution and administration of medication to prisoners. For years, medication was distributed by correctional officials without medical training in the context of an error-prone system. Judge Randa ordered that Wisconsin must begin using licensed practical nurses or medical personnel with equivalent training to distribute and administer prescriptions. Judge Randa also ordered that correctional officials begin to process medication orders and dispense and administer prescribed medications in a timely, accurate and reliable manner.
Judge Randa is considered courteous and professional. "He has an excellent demeanor . . . He is great with lawyers. He is a true gentleman. He brings a little humor into the courtroom."
Lawyers said that it was a pleasure to appear in Judge Randa's courtroom. "He is extremely good with lawyers. He will be flexible with scheduling. He runs a super good trial. He gets the job done and does it right. He is a good guy and a good judge."
However, recently Randa was admonished by the 7th Circuit Court of Appeals for his language during a sentencing hearing. During a sentencing hearing, Randa referred repeatedly referenced the defendant's Mexican descent—at various points saying "you people" and "those people." The judge also told the defendant he could be killed in some countries for dealing drugs, and later compared the defendant's claims that he was a devoted "family man" to Adolf Hitler loving his dog. As a result of these comments, the sentence was vacated and remanded to a new judge.
United States District Court for the Eastern District of Wisconsin
The U.S. District Court for the Eastern District of Wisconsin serves the residents of twenty-eight counties from its two courthouses...
. Judge Randa is currently the Chief Judge of the Court serving as the Court's lead judicial administrative officer in conjunction with the clerk of that Court. Judge Randa has served in that capacity since 2002. His term as Chief Judge expires in October 2009.
Education
Judge Randa was born in 1940 in Milwaukee, WisconsinWisconsin
Wisconsin is a U.S. state located in the north-central United States and is part of the Midwest. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake Michigan to the east, Michigan to the northeast, and Lake Superior to the north. Wisconsin's capital is...
. He was a graduate of Milwaukee Riverside High School
Riverside University High School
Riverside University High School is a public high school in Milwaukee, Wisconsin with a college preparatory curriculum. It is a part of the Milwaukee Public Schools system.- Pre-1912 :...
, with honors. He earned a bachelor's degree from the University of Wisconsin–Milwaukee, receiving academic honors and graduating as a distinguished military graduate in 1963. Judge Randa received his juris doctor
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 the University of Wisconsin Law School
University of Wisconsin Law School
The University of Wisconsin Law School is the professional school for the study of law at the University of Wisconsin–Madison in Madison, Wisconsin. The law school was founded in 1868.-Facilities:...
in 1966. Randa was in the same graduating class as former Governor of Wisconsin
Governor of Wisconsin
The Governor of Wisconsin is the highest executive authority in the government of the U.S. state of Wisconsin. The position was first filled by Nelson Dewey on June 7, 1848, the year Wisconsin became a state...
, Tommy G. Thompson.
Military service
From 1967 to 1969, Randa served in the U.S. Army as a Company CommanderCompany Commander
A company commander is the commanding officer of a company, a military unit which typically consists of 100 to 350 soldiers, often organized into three or four smaller units called platoons....
during the Vietnam War
Vietnam War
The Vietnam War was a Cold War-era military conflict that occurred in Vietnam, Laos, and Cambodia from 1 November 1955 to the fall of Saigon on 30 April 1975. This war followed the First Indochina War and was fought between North Vietnam, supported by its communist allies, and the government of...
. Judge Randa served with distinction, earning the Bronze Star Medal
Bronze Star Medal
The Bronze Star Medal is a United States Armed Forces individual military decoration that may be awarded for bravery, acts of merit, or meritorious service. As a medal it is awarded for merit, and with the "V" for valor device it is awarded for heroism. It is the fourth-highest combat award of the...
, the VSM (Vietnam Service Medal
Vietnam Service Medal
The Vietnam Service Medal is a military award which was created in 1965 by order of President Lyndon B. Johnson. The distinctive design was the creation of sculptor Thomas Hudson Jones, a former employee of the Army Institute of Heraldry. The medal is issued to recognize military service during...
) with 5 campaign star
Service star
A service star, also referred to as a battle star, campaign star, or engagement star, is an attachment to a United States military decoration which denotes participation in military campaigns or multiple bestowals of the same award. Service stars are typically issued for campaign medals, service...
s, and the NDSM (National Defense Service Medal) and the VCM (Vietnam Campaign Medal
Vietnam Campaign Medal
The Vietnam Campaign Medal is a military recognition awarded by the Republic of Vietnam, , to any member of the United States, Australian, New Zealand and allied military forces serving six months or more in support of Republic of Vietnam military operations.Established in 1966, the decoration is...
). The first three were awarded by the United States Army and the last awarded by the Republic of Vietnam.
Legal career
After Vietnam, Randa was appointed to the U.S. Attorney General's Office in Washington. In 1970, Randa returned to Milwaukee. From 1970 to 1973, Randa served as Assistant City Attorney for the City of Milwaukee. In 1973, Randa became the Principal City Attorney for Milwaukee. Randa represented the city of Milwaukee in two major civil rights cases filed by individual plaintiffs, the United States Department of Justice and the NAACP alleging a pattern and practice of discrimination based on race and national origin in the Milwaukee fire and police departments. These suits resulted in consent decrees.In 1975, Randa was elected Municipal Judge in Milwaukee. In 1979, Randa was elected Circuit Judge for Milwaukee County. He was appointed to the Wisconsin Court of Appeals in 1981. Randa was re-appointed Circuit Judge and re-elected Circuit Judge in 1983, where he served until 1992. He also served tempus semestre on the 4th District Court of Appeals in 1983/1984 and 1984/1985.
In 1992, Judge Randa was appointed by President George H. W. Bush
George H. W. Bush
George Herbert Walker Bush is an American politician who served as the 41st President of the United States . He had previously served as the 43rd Vice President of the United States , a congressman, an ambassador, and Director of Central Intelligence.Bush was born in Milton, Massachusetts, to...
to become a federal district judge in the Eastern District of Wisconsin. Randa's nomination was confirmed by the U.S. Senate on August 11, 1992 on unanimous consent. Randa succeeded Judge Robert Warren.
In 2002, Randa was appointed by Supreme Court Chief Justice William H. Rehnquist to serve on the Codes of Conduct Committee of the U.S. Judicial Conference. He served on the Codes of Conduct Committee until 2008.
Significant Rulings
In 1995, Judge Randa ruled that the 1994 Freedom of Access to Clinics Entraces Act was unconstitutional in banning "nonviolent, physical obstruction of reproductive health services clinics." Judge Randa ruled that Congress could not use its constitutional authority under the Commerce Clause to regulate abortion protests, "a private activity wholly intrastate in character, non-violent by description and definition, without any commercial aspect, the control of which historically and traditionally rested within the domain of local and state authorities, and which has no direct effect on interstate commerce but instead affects an activity found by Congress to be within 'the stream of interstate commerce . . .'" Judge Randa's ruling, which contradicted the prevailing view in favor of expansive federal authority under the commerce clause, was reversed by the Seventh Circuit.In 2001, Judge Randa ruled that children in foster care have enforceable federal rights to a speedy adoption and can sue a state for failing to make them legally available for adoption as required under the Adoption and Safe Families Act of 19997 (ASFA). The ruling in Jeanine B v. McCallum was the first court ruling to fully examine the rights of children to sue under ASFA and whether those federal rights impose binding obligations on a state.
In 2009, in Flying J. v. Van Hollen, Judge Randa ruled that Wisconsin's minimum markup of 9.18% on gasoline as required by the Unfair Sales Act was unconstitutional. Judge Randa ruled that this provision creates an illegal restraint of trade in violation of the Sherman Act, and that the illegal restraint was not actively supervised by the State. Judge Randa enjoined the State from further enforcement of the law. Wisconsin Attorney General J.B. Van Hollen announced that he would not appeal the decision. The Wisconsin Petroleum Marketers & Convenience Store Association ("WPMCA") moved to intervene post-judgment and to appeal Judge Randa's ruling. In 2010 the 7th Circuit Court of Appeals over-ruled Judge Randa's decision and found Wisconsin's Unfair Sales Act to be constitutional.
Also in 2009, Judge Randa ordered that prison officials in Wisconsin's primary female correctional facility must make significant changes in the distribution and administration of medication to prisoners. For years, medication was distributed by correctional officials without medical training in the context of an error-prone system. Judge Randa ordered that Wisconsin must begin using licensed practical nurses or medical personnel with equivalent training to distribute and administer prescriptions. Judge Randa also ordered that correctional officials begin to process medication orders and dispense and administer prescribed medications in a timely, accurate and reliable manner.
Courtroom demeanor
Lawyers who practice in front of Judge Randa say he has very good legal ability. "His rulings are very sound legally and also timely. Nothing languishes . . . He has a true sense of right and wrong. His legal skills are the best."Judge Randa is considered courteous and professional. "He has an excellent demeanor . . . He is great with lawyers. He is a true gentleman. He brings a little humor into the courtroom."
Lawyers said that it was a pleasure to appear in Judge Randa's courtroom. "He is extremely good with lawyers. He will be flexible with scheduling. He runs a super good trial. He gets the job done and does it right. He is a good guy and a good judge."
However, recently Randa was admonished by the 7th Circuit Court of Appeals for his language during a sentencing hearing. During a sentencing hearing, Randa referred repeatedly referenced the defendant's Mexican descent—at various points saying "you people" and "those people." The judge also told the defendant he could be killed in some countries for dealing drugs, and later compared the defendant's claims that he was a devoted "family man" to Adolf Hitler loving his dog. As a result of these comments, the sentence was vacated and remanded to a new judge.
External links
- Rudolph T. Randa in Judge's Directory