Terence T. Evans
Encyclopedia
Terence Thomas Evans was a judge on the United States Court of Appeals for the Seventh Circuit
.
Evans received a B.A.
degree from Marquette University
in 1962 and his J.D.
degree from Marquette University Law School
in 1967. He was assistant district attorney for Milwaukee County, Wisconsin and was in private practice. Later, he was a Wisconsin state court trial judge.
In 1979, Evans was nominated by President Jimmy Carter
to be a judge on the United States District Court for the Eastern District of Wisconsin
. He served as Chief Judge of the Eastern District from 1991 until his nomination to the Seventh Circuit by President Bill Clinton
in 1995. He took senior status
in 2010.
Evans' judicial philosophy was marked by pragmatism, an approach well-served at the appellate level by his previous experience as a trial judge. He is particularly known for his sense of humor, and his willingness and ability to weave lighthearted remarks into his judicial opinions. Perhaps the best known example of this was the judge's opinion in United States v. Murphy, 406 F.3d 857, 859 (7th Cir. 2005), in which the following footnote was included:
Judge Richard Posner
was also once the subject of Judge Evans' wit, when he stated in Bankcard America, Inc. v. Universal Bancard Systems, Inc., 203 F.3d 477 (7th Cir.), cert denied, 531 U.S. 877 (2000):
In another memorable quote, Evans described a case as "gummed up from the get-go". See Johnson v. McCaughtry, 265 F.3d 559, (7th Cir. 2001, dissenting opinion by EVANS), describing a case where petitioner Johnson lost his chance to be heard in federal Habeas Corpus (and thus dooming him to serve the remainder of his two consecutive life sentences) because of a delay caused by the state court which made petitioner Johnson's otherwise "properly filed" application for state review technically out of time. Johnson supra, at 9-10.
An often-cited district court decision in an admiralty
case from 1983 showed Evans' use of humor to veil his impatience with arguments he thought invalid: "[L]ike the Phantom Dutchman, this case has sailed once again into my harbor. The plaintiffs request that I vacate the judgment dismissing their action. Three reasons are given suggesting that I may have "lost my bearings" in reaching my earlier decision. . . . The plaintiffs must not have heard the foghorns which were blaring at them during the oral argument and in my earlier decision. . . . The plaintiffs' attempts to recast the facts are unpersuasive. Indeed, they lead only to the suspicion that had plaintiffs' counsel been at the helm of the INAGUA ESPANA, their sense of direction may have prevented the goods from reaching Scotland in the first place, seawater-soaked or no. Chester v. MARITIMA del LITORAL, S.A., 586 F.Supp. 192 (E.D.Wisc.1983)
According to the technology website CNET.com
, Evans became the first federal judge to cite to a YouTube
video in a published opinion, in an opinion he authored July 9, 2007.
On July 28, 2009, the Milwaukee Journal Sentinel
reported that Judge Evans has notified the President of his intention to take senior status
to take effect on January 7, 2010, on the "30-year anniversary of when he first took the federal bench." This created a vacancy on the 7th Circuit.
Evans died suddenly on August 11, 2011, as a result of idiopathic pulmonary fibrosis and acute respiratory distress syndrome.
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United States Court of Appeals for the Seventh Circuit
The United States Court of Appeals for the Seventh Circuit is a federal court with appellate jurisdiction over the courts in the following districts:* Central District of Illinois* Northern District of Illinois...
.
Evans received 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...
degree from Marquette University
Marquette University
Marquette University is a private, coeducational, Jesuit, Roman Catholic university located in Milwaukee, Wisconsin. Founded by the Society of Jesus in 1881, the school is one of 28 member institutions of the Association of Jesuit Colleges and Universities...
in 1962 and his 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...
degree from Marquette University Law School
Marquette University Law School
Marquette University Law School is the professional school for the study of law at Marquette University in Milwaukee, Wisconsin, and one of only two law schools in Wisconsin. With 45 full-time professors and approximately 760 J.D. students, the law school is ranked in the top tier among American...
in 1967. He was assistant district attorney for Milwaukee County, Wisconsin and was in private practice. Later, he was a Wisconsin state court trial judge.
In 1979, Evans was nominated by President Jimmy Carter
Jimmy 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...
to be a judge on the United States District Court for the Eastern District of Wisconsin
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...
. He served as Chief Judge of the Eastern District from 1991 until his nomination to the Seventh Circuit by 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...
in 1995. He took 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 2010.
Evans' judicial philosophy was marked by pragmatism, an approach well-served at the appellate level by his previous experience as a trial judge. He is particularly known for his sense of humor, and his willingness and ability to weave lighthearted remarks into his judicial opinions. Perhaps the best known example of this was the judge's opinion in United States v. Murphy, 406 F.3d 857, 859 (7th Cir. 2005), in which the following footnote was included:
- "The trial transcript quotes Ms. Hayden as saying Murphy called her a snitch bitch 'hoe.' A 'hoe,' of course, is a tool used for weeding and gardening. We think the court reporter, unfamiliar with rap music (perhaps thankfully so), misunderstood Hayden's response. We have taken the liberty of changing 'hoe' to 'ho,' a staple of rap music vernacular as, for example, when LudacrisLudacrisChristopher Brian Bridges , better known by his stage name Ludacris, is an American rapper and actor. Along with his manager, Chaka Zulu, Ludacris is the co-founder of Disturbing tha Peace, an imprint distributed by Def Jam Recordings...
raps 'You doin' ho activities with ho tendencies."
Judge Richard Posner
Richard Posner
Richard Allen Posner is an American jurist, legal theorist, and economist who is currently a judge on the United States Court of Appeals for the Seventh Circuit in Chicago and a Senior Lecturer at the University of Chicago Law School...
was also once the subject of Judge Evans' wit, when he stated in Bankcard America, Inc. v. Universal Bancard Systems, Inc., 203 F.3d 477 (7th Cir.), cert denied, 531 U.S. 877 (2000):
- "Football fans know the sickening feeling: your team scores a big touchdown but then a penalty flag is tossed, wiping out the play. Universal Bancard Systems, Inc. knows that feeling firsthand after seeing not one, but two big touchdowns called back. The referee who waved off the first--a $ 7.8 million verdict--and then the second--a $ 4.1 million jury verdict after a second trial--was the Honorable Richard A. Posner, the circuit's chief judge who in this case was wearing, by designation, the robe of a district judge. Like the instant replay official, we now review the decisions of our colleague--using the voluminous record rather than a television monitor and recognizing that our review in 1999 of a case that began in 1993 is a far cry from instant."
In another memorable quote, Evans described a case as "gummed up from the get-go". See Johnson v. McCaughtry, 265 F.3d 559, (7th Cir. 2001, dissenting opinion by EVANS), describing a case where petitioner Johnson lost his chance to be heard in federal Habeas Corpus (and thus dooming him to serve the remainder of his two consecutive life sentences) because of a delay caused by the state court which made petitioner Johnson's otherwise "properly filed" application for state review technically out of time. Johnson supra, at 9-10.
An often-cited district court decision in an admiralty
Admiralty law
Admiralty law is a distinct body of law which governs maritime questions and offenses. It is a body of both domestic law governing maritime activities, and private international law governing the relationships between private entities which operate vessels on the oceans...
case from 1983 showed Evans' use of humor to veil his impatience with arguments he thought invalid: "[L]ike the Phantom Dutchman, this case has sailed once again into my harbor. The plaintiffs request that I vacate the judgment dismissing their action. Three reasons are given suggesting that I may have "lost my bearings" in reaching my earlier decision. . . . The plaintiffs must not have heard the foghorns which were blaring at them during the oral argument and in my earlier decision. . . . The plaintiffs' attempts to recast the facts are unpersuasive. Indeed, they lead only to the suspicion that had plaintiffs' counsel been at the helm of the INAGUA ESPANA, their sense of direction may have prevented the goods from reaching Scotland in the first place, seawater-soaked or no. Chester v. MARITIMA del LITORAL, S.A., 586 F.Supp. 192 (E.D.Wisc.1983)
According to the technology website CNET.com
CNET.com
CNET is a tech media website that publishes news articles, blogs, and podcasts on technology and consumer electronics. Originally founded in 1994 by Halsey Minor and Shelby Bonnie, it was the flagship brand of CNET Networks and became a brand of CBS Interactive through CNET Networks' acquisition...
, Evans became the first federal judge to cite to a YouTube
YouTube
YouTube is a video-sharing website, created by three former PayPal employees in February 2005, on which users can upload, view and share videos....
video in a published opinion, in an opinion he authored July 9, 2007.
On July 28, 2009, the Milwaukee Journal Sentinel
Milwaukee Journal Sentinel
The Milwaukee Journal Sentinel is a daily morning broadsheet printed in Milwaukee, Wisconsin, USA. It is the primary newspaper in Milwaukee, the largest newspaper in Wisconsin and is distributed widely throughout the state...
reported that Judge Evans has notified the President of his intention to take 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...
to take effect on January 7, 2010, on the "30-year anniversary of when he first took the federal bench." This created a vacancy on the 7th Circuit.
Evans died suddenly on August 11, 2011, as a result of idiopathic pulmonary fibrosis and acute respiratory distress syndrome.
Sources
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