Timothy B. Dyk
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Timothy Belcher Dyk (born February 14, 1937) is a
United States circuit judge In the United States, federal judges are judges who serve on courts established under Article Three of the U.S. Constitution. They include the chief justice and the associate justices of the U.S. Supreme Court, the circuit judges of the U.S. ...
of the
United States Court of Appeals for the Federal Circuit The United States Court of Appeals for the Federal Circuit (in case citations, Fed. Cir. or C.A.F.C.) is a United States court of appeals that has special appellate jurisdiction over certain types of specialized cases in the U.S. federal court ...
.


Education and early career

The son of noted women's suffragist and psychologist Ruth Belcher Dyk, and Walter Dyk who studied and wrote about the Navajo Indians, Dyk was born in
Boston Boston (), officially the City of Boston, is the state capital and most populous city of the Commonwealth of Massachusetts, as well as the cultural and financial center of the New England region of the United States. It is the 24th- mo ...
,
Massachusetts Massachusetts (Massachusett: ''Muhsachuweesut Massachusett_writing_systems.html" ;"title="nowiki/> məhswatʃəwiːsət.html" ;"title="Massachusett writing systems">məhswatʃəwiːsət">Massachusett writing systems">məhswatʃəwiːsət'' En ...
. He earned his Artium Baccalaureus degree cum laude from
Harvard College Harvard College is the undergraduate college of Harvard University, an Ivy League research university in Cambridge, Massachusetts. Founded in 1636, Harvard College is the original school of Harvard University, the oldest institution of higher lea ...
in 1958, and earned his Juris Doctor magna cum laude in 1961 from the Harvard Law School, where he was a member of the
law review A law review or law journal is a scholarly journal or publication that focuses on legal issues. A law review is a type of legal periodical. Law reviews are a source of research, imbedded with analyzed and referenced legal topics; they also pr ...
. Dyk clerked for retired
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
Justices Stanley Forman Reed and
Harold Hitz Burton Harold Hitz Burton (June 22, 1888 – October 28, 1964) was an American politician and lawyer. He served as the 45th mayor of Cleveland, Ohio, as a U.S. Senator from Ohio, and as an Associate Justice of the Supreme Court of the United Sta ...
in 1961 and 1962, and clerked for Supreme Court Chief Justice Earl Warren from 1962 to 1963. While clerking for Chief Justice Warren, Dyk came across a handwritten
pro se ''Pro se'' legal representation ( or ) comes from Latin ''pro se'', meaning "for oneself" or "on behalf of themselves" which, in modern law, means to argue on one's own behalf in a legal proceeding, as a defendant or plaintiff in civil cases, ...
petition for a
writ of certiorari In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that the record of ...
from a prisoner in Florida named
Clarence Earl Gideon Clarence Earl Gideon (August 30, 1910 – January 18, 1972) was a poor drifter accused in a Florida state court of felony breaking and entering. While in prison, he appealed his case to the US Supreme Court, resulting in the landmark 1963 decisio ...
asserting that the trial court had improperly denied his constitutional right to a lawyer. Chief Justice Warren had specifically instructed Dyk to look out for a case raising the right-to-counsel issue. The Supreme Court heard the case, and in March 1963 issued its landmark opinion in ''
Gideon v. Wainwright ''Gideon v. Wainwright'', 372 U.S. 335 (1963), was a landmark U.S. Supreme Court decision in which the Court ruled that the Sixth Amendment of the U.S. Constitution requires U.S. states to provide attorneys to criminal defendants who are unable ...
'', which established that the U.S. Constitution provides indigent defendants with the right to have the assistance of a lawyer. From 1963 until 1964, Dyk completed a one-year assignment with the
United States Department of Justice The United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the United States government tasked with the enforcement of federal law and administration of justice in the United Stat ...
as Special Assistant to the then
Assistant Attorney General Many of the divisions and offices of the United States Department of Justice are headed by an assistant attorney general. The president of the United States appoints individuals to the position of assistant attorney general with the advice and ...
, Tax Division, Louis F. Oberdorfer.


Private practice

Dyk worked in private practice as an attorney in
Washington, D.C. ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...
, from 1964 until 2000, first with
Wilmer, Cutler & Pickering Wilmer Cutler Pickering Hale and Dorr LLP, also known as Hale & Dorr and WilmerHale, is an international law firm with offices in the United States, Europe and Asia. It is co-headquartered in Washington, D.C. and Boston. It was formed in 2004 thr ...
, where he became a partner, and later with Jones, Day, Reavis & Pogue, where he was chair of the Issues and Appeals practice. He was a lecturer at the
Georgetown University Law Center The Georgetown University Law Center (Georgetown Law) is the law school of Georgetown University, a private research university in Washington, D.C. It was established in 1870 and is the largest law school in the United States by enrollment and ...
in 1983, 1986, and 1989, a visiting professor and lecturer at the University of Virginia School of Law from 1984 to 1985 and from 1987 to 1988, and was also a lecturer at
Yale Law School Yale Law School (Yale Law or YLS) is the law school of Yale University, a private research university in New Haven, Connecticut. It was established in 1824 and has been ranked as the best law school in the United States by '' U.S. News & Worl ...
in 1986, 1987, and 1989. Immediately prior to being nominated to the Federal Circuit in 1998, Dyk was a partner at Jones Day, specializing in
First Amendment First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record, specifically the first instance of a particular achievement Arts and media Music * 1$T, American rapper, singer-songwriter, DJ, and reco ...
law. One case saw Dyk arguing for the release to the public of the cockpit recordings of the
Space Shuttle Challenger disaster On January 28, 1986, the broke apart 73 seconds into its flight, killing all seven crew members aboard. The spacecraft disintegrated above the Atlantic Ocean, off the coast of Cape Canaveral, Florida, at 11:39a.m. EST (16:39 UTC). It wa ...
. In an August 4, 1997, article in ''
The Washington Post ''The Washington Post'' (also known as the ''Post'' and, informally, ''WaPo'') is an American daily newspaper published in Washington, D.C. It is the most widely circulated newspaper within the Washington metropolitan area and has a large nati ...
'', Dyk was identified as one of "only a handful of repeat performers considered heavyweights" in representing clients before the
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
. Dyk also made the news in the early and mid-1990s for his desire to open federal courtrooms to news media organizations. After the Judicial Conference of the United States voted on September 20, 1994, to keep cameras out of federal courtrooms by ending a pilot program that had allowed cameras at civil trials and appeals in eight courts, Dyk told the Washington Post that "they appear to have slammed the door on a very important experiment, which, if it had been expanded, would have benefited people throughout the country."


Federal judicial service

On April 6, 1998, President
Bill Clinton William Jefferson Clinton ( né Blythe III; born August 19, 1946) is an American politician who served as the 42nd president of the United States from 1993 to 2001. He previously served as governor of Arkansas from 1979 to 1981 and agai ...
nominated Dyk to a seat on the
United States Court of Appeals for the Federal Circuit The United States Court of Appeals for the Federal Circuit (in case citations, Fed. Cir. or C.A.F.C.) is a United States court of appeals that has special appellate jurisdiction over certain types of specialized cases in the U.S. federal court ...
vacated by Judge Glenn L. Archer Jr. With the
United States Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and pow ...
controlled by Republicans, Dyk's nomination languished for more than two years. The delay was due in part to some Republican Senators' views that the Federal Circuit did not need another judge. Dyk was confirmed to his Federal Circuit seat by the Senate by a 74-25 vote on May 24, 2000. He received his commission on May 25, 2000. As of 2016, Dyk has written over 400 precedential majority decisions and over 170 non-precedential majority decisions for the Federal Circuit, and over 50 precedential majority decisions for the First Circuit, where he has sat by designation. Dyk has also sat by designation as a trial judge in the Eastern District of Texas and the District of Delaware.


Personal life

Dyk's wife,
Sally Katzen Sally Katzen (born November 22, 1942) is an American lawyer, legal scholar, and government official. Katzen was a member of the Obama-Biden Transition Project's Agency Review Working Group responsible for the Executive Office of the President and ...
, was the Administrator of the Office of Information and Regulatory Affairs and the Deputy Director for Management,
Office of Management and Budget The Office of Management and Budget (OMB) is the largest office within the Executive Office of the President of the United States (EOP). OMB's most prominent function is to produce the president's budget, but it also examines agency programs, pol ...
during the Clinton administration, and is currently a Professor of Practice and Distinguished Scholar in Residence as well as the Co-Director of the Legislative and Regulatory Process Clinic at
New York University School of Law New York University School of Law (NYU Law) is the law school of New York University, a private research university in New York City. Established in 1835, it is the oldest law school in New York City and the oldest surviving law school in N ...
.Sally Katzen - Clinton White House, https://clintonwhitehouse3.archives.gov/WH/EOP/nec/html/katzen.html (stating that "NYU Law, Sally Katzen, https://its.law.nyu.edu/facultyprofiles/index.cfm?fuseaction=profile.overview&personid=34534


See also

*
List of law clerks of the Supreme Court of the United States (Chief Justice) Law clerks have assisted the justices of the United States Supreme Court in various capacities since the first one was hired by Justice Horace Gray in 1882. Each justice is permitted to have between three and four law clerks per Court term. Th ...
*
List of law clerks of the Supreme Court of the United States (Seat 6) A ''list'' is any set of items in a row. List or lists may also refer to: People * List (surname) Organizations * List College, an undergraduate division of the Jewish Theological Seminary of America * SC Germania List, German rugby union ...
*
List of law clerks of the Supreme Court of the United States (Seat 8) Law clerks have assisted the justices of the United States Supreme Court in various capacities since the first one was hired by Justice Horace Gray in 1882. Each justice is permitted to have between three and four law clerks per Court term. Mo ...


References


External links

* * {{DEFAULTSORT:Dyk, Timothy Belcher 1937 births 20th-century American judges 21st-century American judges Harvard College alumni Harvard Law School alumni Jones Day people Judges of the United States Court of Appeals for the Federal Circuit Law clerks of the Supreme Court of the United States Living people People from Boston United States court of appeals judges appointed by Bill Clinton Wilmer Cutler Pickering Hale and Dorr partners