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Ann Aiken

From Wikipedia, the free encyclopedia
American judge (born 1951)
Ann Aiken
Senior Judge of theUnited States District Court for the District of Oregon
Assumed office
December 29, 2023
Chief Judge of theUnited States District Court for the District of Oregon
In office
February 1, 2009 – January 31, 2016
Preceded byAncer L. Haggerty
Succeeded byMichael W. Mosman
Judge of theUnited States District Court for the District of Oregon
In office
February 4, 1998 – December 29, 2023
Appointed byBill Clinton
Preceded byJames A. Redden
Succeeded byMustafa T. Kasubhai
Personal details
BornAnn Louise Aiken
(1951-12-29)December 29, 1951 (age 73)
Spouse
James Klonoski
(m. 1978; died 2009)
Children5
EducationUniversity of Oregon (BS,JD)
Rutgers University (MA)

Ann Louise Aiken (born December 29, 1951)[citation needed] is an American attorney and jurist in the state ofOregon. A native Oregonian, she has served as a state court judge of theOregon circuit courts and worked in private legal practice. She is aseniorUnited States district judge of theUnited States District Court for the District of Oregon. She served as chief judge of the court from February 1, 2009 to January 31, 2016.

Early years

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Aiken was born inSalem, Oregon, in 1951.[1] In 1974, she graduated from theUniversity of Oregon with aBachelor of Science degree, and then fromRutgers University inNew Jersey in 1976 with aMaster of Arts degree.[1] Aiken returned to Oregon and graduated with aJuris Doctor in 1979 from theUniversity of Oregon School of Law. After law school, she worked as alaw clerk for Judge Edwin Allen of theLane County Circuit Court from 1979 to 1980.[1]

Career

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She entered private legal practice in 1980 and remained there until 1982.[1] In 1982, Aiken worked as a fundraiser and field staffer forTed Kulongoski's unsuccessful campaign forGovernor of Oregon in 1982, and then worked as the chief clerk of theOregon House of Representatives from 1982 to 1983.[1] Aiken returned to private practice that year and remained there until she became a district judge in Lane County in 1988.[1] Based in Eugene, she then became anLane County Circuit Court Judge in 1992, remaining on the bench until 1997.[1]

Federal judicial service

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PresidentBill Clinton nominated her to a seat on theUnited States District Court for the District of Oregon vacated byJames A. Redden in November 1995, and again on January 7, 1997.[1] Aiken was confirmed by theUnited States Senate on January 28, 1998, receiving her commission on February 4, 1998.[1] On February 1, 2009, she became Chief Judge of the Court, the first woman to hold that position in the District of Oregon.[2] She served in that capacity until January 31, 2016.[1] She assumedsenior status on December 29, 2023.[2][1]

Notable decisions

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On September 26, 2007, Judge Aiken declaredunconstitutional two portions of theUSA PATRIOT Act that deal with the government's power to conduct certain surveillance without first obtaining a warrant. The decision received national attention and came in the case of theBrandon Mayfield lawsuit against the federal government for false detainment following the2004 Madrid train bombings, in which Mayfield was uninvolved in the bombings.[3] In the decision, Aiken held that those provisions of theForeign Intelligence Surveillance Act violate theFourth Amendment to the United States Constitution.[4]

On October 7, 2015, Judge Aiken resentencedDwight L. Hammond and his son Steven D. Hammond to five years in prison with credit fortime served for federalarson, themandatory minimum for that crime. The Hammonds had illegally set fires on their ranch which burned 140 acres (57 ha) of federal land. U.S. District JudgeMichael R. Hogan had sentenced the Hammonds to 3 months and 1 year in prison respectively, but Judge Aiken ruled that the minimum sentences must be followed.[5] Armedmilitiamen led byAmmon Bundyoccupied the Malheur Wildlife Refuge near the Hammonds' ranch in protest of the ruling, demanding that the Hammonds be released and that the hundred-year-old wildlife refuge be given over to local control.[6] The defendants in the case were granted a full Presidential pardon by President Donald J. Trump on July 10, 2018.[7]

Judge Aiken made a key decision in the caseJuliana v. United States, a suit brought by 21 youths against the U.S. government stating their rights to a clean environment were violated due to actions that the government had taken. While several similar suits at state and federal level had been dismissed, Judge Aiken instead was compelled by the argument that access to a clean environment was a fundamental right, allowing the case to proceed.[8][9] This decision was reversed by theUnited States Court of Appeals for the Ninth Circuit, which remanded the case with instructions to dismiss it.[10] Nevertheless, on remand, Judge Aiken allowed Plaintiffs to amend their complaint and allowed the case to continue.[11] Once back before the Court of Appeals on a petition forwrit of mandamus, the Ninth Circuit granted the petition and again instructed Judge Aiken "to dismiss the case forthwith."[11]

Personal

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In 1978, Aiken married James Klonoski, a political science professor at theUniversity of Oregon and one-time chair of theDemocratic Party of Oregon. Klonoski died in January 2009.[12] They had five children together.

See also

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References

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  1. ^abcdefghijkAnn Aiken at theBiographical Directory of Federal Judges, a publication of theFederal Judicial Center.
  2. ^abMortensen, Camilla (June 10, 2023)."Federal Judge Ann Aiken to Retire".eugeneweekly.com. RetrievedJune 12, 2023.
  3. ^Federal judge rules 2 Patriot Act provisions unconstitutional. CNN, accessed September 27, 2007.
  4. ^Mayfield v. United States.Archived 2008-03-07 at theWayback Machine Accessed September 27, 2007.
  5. ^Denson, Bryan (October 7, 2015)."Eastern Oregon cattle ranchers re-sentenced to 5 years in rangeland arsons".The Oregonian. Oregon. RetrievedJanuary 31, 2016.
  6. ^Thomas, Judy L. (January 6, 2016)."Experts: Oregon standoff may be small, but it's just the tip of a growing militia iceberg".Kansas City Star. RetrievedJanuary 20, 2016.The rally was peaceful, authorities said....But afterward, a group of armed militants split off, went to the wildlife refuge 30 miles away and took it over. Ammon Bundy has been acting as the group's leader, and they say they won't back down until the government relinquishes the federal refuge to the people.
  7. ^John Wagner, Juliet Eilperin and Mark Berman (10 July 2018)."Trump pardons Oregon cattle ranchers in case that sparked 41-day occupation of national wildlife refuge".Washington Post. Retrieved10 July 2018.
  8. ^Holthaus, Eric (November 11, 2016)."The Kids Suing the Government Over Climate Change Are Our Best Hope Now".Slate. RetrievedOctober 23, 2018.
  9. ^O'Rourke, Ciara (February 7, 2017)."The 11-Year-Old Suing Trump Over Climate Change".The Atlantic. RetrievedOctober 22, 2018.
  10. ^"Panel Opinion"(PDF).United States Court of Appeals for the Ninth Circuit. January 17, 2020. RetrievedJune 10, 2021.
  11. ^abPanel Opinion United States Court of Appeals for the Ninth Circuit. May 01, 2024. Retrieved May 01, 2024.
  12. ^"A LIFE WELL-LIVED - Oregon Life - Eugene, Oregon".special.registerguard.com.

External links

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Preceded byJudge of theUnited States District Court for the District of Oregon
1998–2023
Succeeded by
Preceded byChief Judge of theUnited States District Court for the District of Oregon
2009–2016
Succeeded by
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