Rosemary Pooler
Rosemary S. Pooler is afederal judge onsenior status for theUnited States Court of Appeals for the 2nd Circuit. She joined the court in 1998 after being nominated by PresidentBill Clinton (D). She assumed senior status on March 23, 2020. Prior to her appointment, Pooler served on theUnited States District Court for the Northern District of New York, which she joined in 1994 after an appointment from President Clinton. At the time of her appointment to that court, she served as a judge on theNew York Supreme Court.[1]
Alison Nathan was nominated by PresidentJoe Biden (D) to replace Pooler on the 2nd Circuit.
Biography
Early life and education
Born inNew York, New York, Pooler graduated from Brooklyn College with her bachelor's degree in 1959, and earned her M.A. from the University of Connecticut in 1961. Pooler received herJ.D. from the University of Michigan Law School in 1965. Pooler graduated from Harvard University's program for senior managers in government in 1978, and earned a certificate in regulatory economics from the State University of New York at Albany in 1986.[1]
Professional career
Pooler began her legal career in the private sector inSyracuse, New York, from 1966 to 1972. Pooler was assistant corporate counsel and director of the consumer affairs unit for the city of Syracuse, New York, from 1972 to 1973, before serving as district representative to the Syracuse Commons Council from 1974 to 1975. Pooler served as chair and executive director for the New York State Consumer Protection Board from 1975 to 1980, before serving as commissioner of the New York State Public Service Commission from 1980 to 1986. In 1987, Pooler was staff director for the Committee on Corporations, Authorities, and Commissions of theNew York State Assembly. Pooler was also a visiting professor of law at Syracuse University from 1987 to 1988. From 1989 to 1990, Pooler was the vice president of the Atlantic States Legal Foundation before being appointed to serve as justice of theNew York Supreme Court for theFifth Judicial District from 1990 to 1994.[1]
Judicial career
2nd Circuit Court of Appeals
| Nominee Information |
|---|
| Name: Rosemary S. Pooler |
| Court:United States Court of Appeals for the 2nd Circuit |
| Progress |
| Confirmed 208 days after nomination. |
| Questionnaire: |
| QFRs:(Hover over QFRs to read more) |
Pooler was nominated to theUnited States Court of Appeals for the 2nd Circuit by PresidentBill Clinton (D) on November 6, 1997, to a seat vacated byFrank Altimari. TheAmerican Bar Association rated PoolerUnanimously Qualified for the nomination.[2] Hearings on Pooler's nomination were held before theUnited States Senate Committee on the Judiciary on May 14, 1998, and her nomination was reported by U.S. Sen.Orrin Hatch (R-Utah) on May 21, 1998. Pooler was confirmed by a voice vote of theU.S. Senate on June 2, 1998, and she received her commission on June 3, 1998.[1][3] Pooler served on the 2nd Circuit until she assumedsenior status on March 23, 2022. She was succeeded byAlison J. Nathan.[1]
U.S. District Court for the Northern District of New York
Pooler was nominated to theUnited States District Court for the Northern District of New York by PresidentBill Clinton (D) on April 26, 1994, to a seat vacated byHoward Munson. TheAmerican Bar Association rated PoolerSubstantial Majority Qualified, Minority Well Qualified for the nomination.[4] Hearings on Pooler's nomination were held before theUnited States Senate Committee on the Judiciary on June 21, 1994, and her nomination was reported by then-U.S. Sen.Joseph Biden (D-Del.) on August 4, 1994. She was confirmed by a voice vote of theU.S. Senate on August 9, 1994, and she received her commission on August 10, 1994. She resigned from the court on June 9, 1998, upon her elevation to the2nd Circuit. She was succeeded in this position by JudgeNorman Mordue.[1][5]
Noteworthy cases
ADA's speech disruptive enough to uphold his firing (2013)
- See also:United States Court of Appeals for the 2nd Circuit (Sacha v. Sedita, 12-4507-cv)
- See also:United States Court of Appeals for the 2nd Circuit (Sacha v. Sedita, 12-4507-cv)
On November 23, 2013, a three-judge panel of the2nd Circuit, consisting of Chief JudgeRobert Katzmann, JudgeRosemary Pooler, and Senior JudgePierre Leval, upheld the dismissal of Mark Sacha’s lawsuit against Erie County District Attorney Frank Sedita III. In the underlying case, Sedita fired Sacha from his position as assistant district attorney following Sacha's public contention that Sedita failed to prosecute G. Steven Pigeon on allegations of election law violations (specifically, the alleged laundering of a $10,000 campaign contribution). Sacha claimed he was fired in retaliation for his criticism of Sedita and filed suit in December 2009, alleging that his First Amendment rights had been violated. Sedita filed a motion forsummary judgment, and Chief JudgeWilliam Skretny of theUnited States District Court for the Western District of New York granted it in October 2012, citing the fact that his statements to the press were made in his capacity as an ADA, not as a private citizen, and thus his free speech rights had not been violated. That decision isavailable here. Sacha appealed Skretny's ruling to the2nd Circuit, where the three-judge panel affirmed Skretny's ruling, but on alternate grounds, noting that "Sacha’s speech was sufficiently disruptive to justify terminating his employment as an assistant district attorney." Sacha vowed to file a further appeal, claiming that the Second Circuit's three-judge panel had a conflict of interest in hearing the case.[6][7]
See also
- United States Court of Appeals for the 2nd Circuit
- United States District Court for the Northern District of New York
External links
Footnotes
- ↑1.01.11.21.31.41.5Federal Judicial Center, "Pooler, Rosemary S.," accessed October 8, 2021
- ↑American Bar Association, "Ratings of Article III judicial nominees, 105th Congress," accessed June 7, 2016
- ↑United States Congress, "PN 799 - Rosemary S. Pooler - The Judiciary," accessed June 7, 2016
- ↑American Bar Association, "Ratings of Article III federal judges, 103rd Congress," accessed June 7, 2016
- ↑United States Congress, "PN 1328 - Rosemary S. Pooler - The Judiciary," accessed June 7, 2016
- ↑Buffalo News, "Sedita, in firing Sacha, discloses Pigeon 'immunity,'" October 6, 2009
- ↑Buffalo News, "Federal appeals court upholds dismissal of Sacha suit," November 29, 2013
| Political offices | ||
|---|---|---|
| Preceded by Frank Altimari | United States Court of Appeals for the 2nd Circuit 1998-2022 | Succeeded by Alison J. Nathan |
| Preceded by - | United States District Court for the Northern District of New York 1994-1998 | Succeeded by Norman Mordue |
| |||
|---|---|---|---|
| Active judges | Chief Judge: Brenda K. Sannes • Mae A. D'Agostino • Anthony Brindisi • Anne Nardacci • Elizabeth Coombe | ||
| Senior judges | Thomas McAvoy • Frederick Scullin • Lawrence Kahn • David Hurd • Glenn Suddaby • | ||
| Magistrate judges | Christian F. Hummel • Therese Wiley Dancks • Gary L. Favro • Daniel Stewart (New York) • Miroslav Lovric • | ||
| Former Article III judges | Norman Mordue • Neal McCurn • Gary Sharpe (New York) • Matthias Burnett Tallmadge • Roger Skinner • Alfred Conkling • Nathan Kelsey Hall • William James Wallace • Roger Miner • Rosemary Pooler • Alfred Conkling Coxe • George Washington Ray • Frank Cooper • Frederick Howard Bryant (Federal judge) • Stephen Brennan • Constantine Cholakis • James Foley • Edward Kampf • Howard Munson • Edmund Port • | ||
| Former Chief judges | Norman Mordue • Neal McCurn • Thomas McAvoy • Frederick Scullin • Stephen Brennan • James Foley • Howard Munson • Glenn Suddaby • | ||
| |||
|---|---|---|---|
| 1993 | Adams •Ambrose •Barnes •Brinkema •Bucklew •Chasanow •Coffman •Daughtrey •Ferguson •Ginsburg •Hagen •Jackson •Lancaster •Leval •Lindsay •Messitte •Michael •Piersol •Saris •Schwartz •Seybert •Shanahan •Shaw •Stearns •Trager •Vazquez •Wilken •Wilson | ||
| 1994 | Baer •Barkett •Batts •Beaty •Benavides •Bennett •Berrigan •Biery •Block •Borman •Breyer •Briones •Bryson •Bucklo •Burgess •Burrage •Cabranes •Calabresi •Carr •Casellas •Castillo •Chatigny •Chin •Cindrich •Coar •Collins •Cooper •Cote •Currie •Davis •Dominguez •Downes •Duval •Friedman •Furgeson •Garcia •Gertner •Gettleman •Gillmor •Gilmore •Gleeson •Haggerty •Hamilton •Hannah •Hawkins •Henry •Holmes •Hood •Hull •Hurley •Jack •Jones •Jones •Kaplan •Katz •Kern •Kessler •Koeltl •Lisi •Manning •McKee •McLaughlin •Melancon •Miles-LaGrange •Moore •Motz •Murphy •O'Malley •O'Meara •Oliver •Paez •B. Parker •F. Parker •R. Parker •Perry •Ponsor •Pooler •Porteous •Rendell • Riley •Robertson •Rogers •Ross •Russell •Sands •Sarokin •Scheindlin •Silver •Squatrito •Stewart •Sullivan •Tatel •Thompson •Timlin •Urbina •Vanaskie •Vance •Walls •Wells •Williams | ||
| 1995 | Arterton •Atlas •Black •Blake •Briscoe •Tena Campbell •Todd Campbell •Chesney •Cole •Collier •Daniel •Davis •Dennis •Dlott •Donald •Duffy •Economus •Evans •Fallon •Folsom •Gaughan •Goodwin •Heartfield •Hunt •Illston •Jones •King •Kornmann •Lawson •Lenard •Lucero •Lynch •McKinley •Moody •Moore •Moskowitz •Murphy •Murtha •Nugent •O'Toole •Orlofsky •Pogue •Sessions •C. Smith •O. Smith •Stein •Thornburg •Tunheim •Wallach •Wardlaw •Webber •Whaley •Winmill • Wood | ||
| 1996 | Broadwater •Clevert •Fenner •Gershon •Gottschall •Greenaway •Hinkle •Jones •Kahn •Laughrey •Lemmon •Marten •Miller •Molloy •Montgomery •Pregerson •Rakoff •Sargus •Tashima •Thomas •Zapata | ||
| 1997 | Adelman •Bataillon •Breyer •Caputo •Casey •Chambers •Clay •Damrell •Droney •Friedman •Gajarsa •Garland •Gilman •Gold •Gwin •Hall •Hayden •Hull •Ishii •Jenkins •Kauffman •Kennedy •Kimball •Kollar-Kotelly •Lazzara •Marbley •Marcus •Middlebrooks •Miller •Moon •Pratt •Rendell •Sippel •Siragusa •Snyder •Thrash | ||
| 1998 | Aiken •Barbier •Barzilay •Berman •Buttram •Carter •Collins •Dawson •Dimitrouleas •Fletcher •Fogel •Frank •Graber •Hellerstein •Herndon •James •Johnson •Kane •Kelly •G. King •R. King •Lasnik •Lee •Lemelle •Lindsay •Lipez •Manella •Matz •McCuskey •McKeown •McMahon •Mickle •Mollway •Mordue •Moreno •Morrow •Munley •Murphy •Pallmeyer •Pauley •Polster •Pooler •Rawlinson •Ridgway •R. Roberts •V. Roberts •Sack •Scott •Seitz •Seymour •Shea •Silverman •Sleet •Sotomayor •Steeh •Story •Straub •Tagle •Tarnow •Trauger •Traxler •Tyson •Wardlaw •Whelan •Young | ||
| 1999 | Alsup •Barry •Brown •Buchwald •Cooper •Eaton •Ellison •Feess •Fisher •Gould •Guzman •Haynes •Hibbler •Hochberg •Hurd •Huvelle •Jordan •Katzmann •Kennelly •Linn •Lorenz •Lynn •Marrero •Murguia •Pannell •Pechman •Pepper •Phillips •Schreier •Stewart •Underhill •Ward •Williams •Wilson | ||
| 2000 | Ambro •Antoon •Battani •Berzon •Bolton •Brady •Bye •Cavanaugh •Daniels •Darrah •Dawson •Dyk •Fuentes •Garaufis •Garcia-Gregory •Hamilton •Huck •Hunt •Lawson •Lefkow •Lynch •Martin •McLaughlin •Moody •Murguia •Paez •Pisano •Presnell •Rawlinson •Reagan •Schiller •Singal •Steele •Surrick •Swain •Tallman •Teilborg •Tucker •Whittemore | ||
| State ofNew York Albany (capital) | |
|---|---|
| Elections | What's on my ballot? |Elections in 2026 |How to vote |How to run for office |Ballot measures |
| Government | Who represents me? |U.S. President |U.S. Congress |Federal courts |State executives |State legislature |State and local courts |Counties |Cities |School districts |Public policy |
- Pages using DynamicPageList3 parser function
- Appointed by Bill Clinton
- Appointed by William J. Clinton
- Confirmed 1994
- Confirmed 1998
- Confirmed 2022
- Federal Article III judges
- Federal judiciary nominee, April 1994
- Federal judiciary nominee, November 1997
- Former federal judge
- Former federal judge, United States District Court for the Northern District of New York
- Judge on senior status, United States Court of Appeals for the 2nd Circuit
- New York
- Senior federal judge
- United States of America
- Noteworthy case
- Former federal judge, Second Circuit
- Former federal judge, Northern District of New York
- Former Article III judges