James C. Dever III
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James Columcille Dever III (born May 25, 1962) is an American attorney and jurist serving as a
United States district judge The United States district courts are the trial courts of the U.S. federal judiciary. There is one district court for each federal judicial district. Each district covers one U.S. state or a portion of a state. There is at least one feder ...
of the
United States District Court for the Eastern District of North Carolina The United States District Court for the Eastern District of North Carolina (in case citations, E.D.N.C.) is the United States district court that serves the eastern 44 counties in North Carolina. Appeals from the Eastern District of North Caroli ...
.


Early life and education

Born in Lake Charles,
Louisiana Louisiana ( ; ; ) is a state in the Deep South and South Central regions of the United States. It borders Texas to the west, Arkansas to the north, and Mississippi to the east. Of the 50 U.S. states, it ranks 31st in area and 25 ...
, Dever received a
Bachelor of Business Administration A Bachelor of Business Administration (BBA) is an undergraduate degree in business administration awarded by colleges and universities after completion of four years and typically 120 credits of undergraduate study in the fundamentals of busine ...
with high honors from the
University of Notre Dame The University of Notre Dame du Lac (known simply as Notre Dame; ; ND) is a Private university, private Catholic research university in Notre Dame, Indiana, United States. Founded in 1842 by members of the Congregation of Holy Cross, a Cathol ...
in 1984 and a
Juris Doctor A Juris Doctor, Doctor of Jurisprudence, or Doctor of Law (JD) is a graduate-entry professional degree that primarily prepares individuals to practice law. In the United States and the Philippines, it is the only qualifying law degree. Other j ...
with high honors from
Duke University School of Law The Duke University School of Law is the law school of Duke University, a private research university in Durham, North Carolina. One of Duke's 10 schools and colleges, the School of Law is a constituent academic unit that began in 1868 as the ...
in 1987.


Career

Dever was a
law clerk A law clerk, judicial clerk, or judicial assistant is a person, often a lawyer, who provides direct counsel and assistance to a lawyer or judge by Legal research, researching issues and drafting legal opinions for cases before the court. Judicial ...
to Judge J. Clifford Wallace of the
United States Court of Appeals for the Ninth Circuit The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts for the following federal judicial districts: * Distric ...
from 1987 to 1988. He served in the
United States Air Force The United States Air Force (USAF) is the Air force, air service branch of the United States Department of Defense. It is one of the six United States Armed Forces and one of the eight uniformed services of the United States. Tracing its ori ...
as a member of the General Counsel Honors Program from 1988 to 1992. He continued to serve in the United States Air Force Reserves 1992 to 2000. He was in private practice in
North Carolina North Carolina ( ) is a U.S. state, state in the Southeastern United States, Southeastern region of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, South Carolina to the south, Georgia (U.S. stat ...
from 1992 to 2004. Dever has also served as an adjunct professor at the
Norman Adrian Wiggins School of Law The Norman Adrian Wiggins School of Law (also known as Campbell Law School or Campbell University School of Law) is a private law school in Raleigh, North Carolina, United States. Founded in 1976, the law school is one of six graduate programs o ...
,
Campbell University Campbell University is a private Christian university in Buies Creek, North Carolina, United States. Campbell's main campus in Buies Creek is home to its College of Arts & Sciences, College of Pharmacy & Health Sciences, Divinity School, Scho ...
since 1997. He is currently a Senior Lecturing Fellow at Duke University School of Law, a position he has held since 2008. In 2014, Chief Justice John Roberts appointed Judge Dever to serve on the Advisory Committee on Criminal Rules, where he served until 2021. In 2022, Chief Justice Roberts appointed Dever as Chair of the Advisory Committee on Criminal Rules.


Federal judicial service

On May 22, 2002, and January 7, 2003, President George W. Bush nominated Dever to serve on the
United States District Court for the Eastern District of North Carolina The United States District Court for the Eastern District of North Carolina (in case citations, E.D.N.C.) is the United States district court that serves the eastern 44 counties in North Carolina. Appeals from the Eastern District of North Caroli ...
, but he never received a Senate vote. Dever served as a
United States magistrate judge In United States federal courts, magistrate judges are judges appointed to assist U.S. district court judges in the performance of their duties. Magistrate judges generally oversee first appearances of criminal defendants, set bail, and conduct ...
for the Eastern District of North Carolina from 2004 to 2005. On February 14, 2005, Dever was nominated by President
George W. Bush George Walker Bush (born July 6, 1946) is an American politician and businessman who was the 43rd president of the United States from 2001 to 2009. A member of the Bush family and the Republican Party (United States), Republican Party, he i ...
to a seat on the
United States District Court for the Eastern District of North Carolina The United States District Court for the Eastern District of North Carolina (in case citations, E.D.N.C.) is the United States district court that serves the eastern 44 counties in North Carolina. Appeals from the Eastern District of North Caroli ...
vacated by William Earl Britt. Dever was confirmed by the
United States Senate The United States Senate is a chamber of the Bicameralism, bicameral United States Congress; it is the upper house, with the United States House of Representatives, U.S. House of Representatives being the lower house. Together, the Senate and ...
on April 28, 2005, and received his commission on May 2, 2005. In 2006, Dever accepted the guilty plea of Michael P. Decker, a member of the state senate who had accepted a bribe to switch parties. In 2007, Dever sentenced North Carolina lottery commissioner Kevin Geddings to four years in prison for concealing his relationship with a lottery vendor. In 2020, Dever heard arguments from a group of pastors who challenged Governor
Roy Cooper Roy Asberry Cooper III ( ; born June 13, 1957) is an American attorney and politician who served as the 75th List of governors of North Carolina, governor of North Carolina from 2017 to 2025. A member of the Democratic Party (United States), De ...
on his authority to restrict religious activities during the
COVID-19 Coronavirus disease 2019 (COVID-19) is a contagious disease caused by the coronavirus SARS-CoV-2. In January 2020, the disease spread worldwide, resulting in the COVID-19 pandemic. The symptoms of COVID‑19 can vary but often include fever ...
pandemic. On May 16, 2020, Dever issued a 14-day temporary restraining order allowing indoor religious services. He said, "There is no pandemic exception to the Constitution of the United States or the Free Exercise Clause of the First Amendment." Dever served as Chief Judge from October 8, 2011, to October 8, 2018.


References


External links

* {{DEFAULTSORT:Dever, James C. III 1962 births Living people Duke University School of Law alumni Judges of the United States District Court for the Eastern District of North Carolina People from Lake Charles, Louisiana United States Air Force officers United States district court judges appointed by George W. Bush United States magistrate judges Mendoza College of Business alumni