Neil Vincent Wake
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Neil Vincent Wake (born July 2, 1948) is a senior United States district judge of the
United States District Court for the District of Arizona The United States District Court for the District of Arizona (in case citations, D. Ariz.) is the U.S. district court that covers the state of Arizona. It is under the United States Court of Appeals for the Ninth Circuit. The District was esta ...
.


Education and career

Born in
Phoenix, Arizona Phoenix ( ) is the List of capitals in the United States, capital and List of cities and towns in Arizona#List of cities and towns, most populous city of the U.S. state of Arizona. With over 1.6 million residents at the 2020 census, it is the ...
, Wake received a
Bachelor of Arts A Bachelor of Arts (abbreviated B.A., BA, A.B. or AB; from the Latin ', ', or ') is the holder of a bachelor's degree awarded for an undergraduate program in the liberal arts, or, in some cases, other disciplines. A Bachelor of Arts deg ...
from
Arizona State University Arizona State University (Arizona State or ASU) is a public university, public research university in Tempe, Arizona, United States. Founded in 1885 as Territorial Normal School by the 13th Arizona Territorial Legislature, the university is o ...
in 1971 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 ...
from
Harvard Law School Harvard Law School (HLS) is the law school of Harvard University, a Private university, private research university in Cambridge, Massachusetts. Founded in 1817, Harvard Law School is the oldest law school in continuous operation in the United ...
in 1974. He was in private practice in
Arizona Arizona is a U.S. state, state in the Southwestern United States, Southwestern region of the United States, sharing the Four Corners region of the western United States with Colorado, New Mexico, and Utah. It also borders Nevada to the nort ...
from 1974 to 2004.


Federal judicial service

On October 22, 2003, Wake 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 District of Arizona The United States District Court for the District of Arizona (in case citations, D. Ariz.) is the U.S. district court that covers the state of Arizona. It is under the United States Court of Appeals for the Ninth Circuit. The District was esta ...
vacated by Paul Gerhardt Rosenblatt. He 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 March 12, 2004, and received his commission three days later. He assumed senior status on July 5, 2016. Wake has presided over a number of notable cases: *In 2008, Wake upheld an Arizona law, the "Legal Arizona Workers Act", barring businesses from knowingly hiring illegal immigrants and providing for the revocation of business licenses for businesses who twice violated the law. The ruling rejected the arguments of business groups which had raised a
constitutional A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed. When these princ ...
challenge to the law, arguing that it infringed on the federal government's powers to regulate immigration matters. This ruling was affirmed by the
U.S. 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 turn on question ...
in 2011, in the case of ''
Chamber of Commerce v. Whiting ''Chamber of Commerce v. Whiting'', 563 U.S. 582 (2011), is a decision by the Supreme Court of the United States that upheld an Arizona state law suspending or revoking business licenses of businesses that hire illegal aliens. The case dealt wi ...
''.Robert Barnes
Supreme Court upholds Ariz. law punishing companies that hire illegal immigrants
''Washington Post'' (May 26, 2011).
*Also in 2008, Wake issued an order ordering
Maricopa County, Arizona Maricopa County () is a County (United States), county in the south-central part of the U.S. state of Arizona. As of the 2020 United States census, 2020 census the population was 4,420,568, or about 62% of the state's total, making it the List ...
sheriff
Joe Arpaio Joseph Michael Arpaio (; born June 14, 1932) is an American former law enforcement officer and politician. He was the Sheriffs in the United States, Sheriff of Maricopa County, Arizona, Maricopa County, Arizona for 24 years, from 1993 to 2017, ...
to remediate unconstitutional conditions in the county jail system that he oversaw, one of the nation's largest. Wake ordered that inmates in initial processing receive a bed or mattress and adequate food, rather than the moldy and rotten food that inmates had previously been served. Wake also ruled that the jails' treatment of mentally ill inmates caused "needless suffering and deterioration" and ordered the sheriff to ensure that such inmates receive prescribed medication. *Wake oversaw the criminal case of a man who had defaced a thousand-year old, Native American
petroglyph A petroglyph is an image created by removing part of a rock surface by incising, picking, carving, or abrading, as a form of rock art. Outside North America, scholars often use terms such as "carving", "engraving", or other descriptions ...
(the Descending Sheep Panel) at
Glen Canyon National Recreation Area Glen Canyon National Recreation Area (shortened to Glen Canyon NRA or GCNRA) is a national recreation area and conservation unit of the United States National Park Service that encompasses the area around Lake Powell and lower Cataract Canyo ...
by carving his name into it. The man pleaded guilty in 2010 to damaging an archeological resource (a felony), and in 2011 Wake sentenced the man to pay $10,000 in restitution and complete 100 hours of community service. *In 2013, Wake stayed the implementation of, and later overturned, an Arizona law that had attempted to bar
Planned Parenthood The Planned Parenthood Federation of America, Inc. (PPFA), or simply Planned Parenthood, is an American nonprofit organization
and other health care clinics that perform abortions from receiving state funding for family planning and other health services offered by the organization and other groups. Wake ruled that the Arizona act, which had been signed into law by Governor
Jan Brewer Janice Kay Brewer (''née'' Drinkwine; born September 26, 1944) is an American politician who served as the 22nd governor of Arizona from 2009 to 2015, as a member of the Republican Party (United States), Republican Party. Prior to this, Brewer ...
in 2012, "violates the freedom of choice provision of the Medicaid Act precisely because every
Medicaid Medicaid is a government program in the United States that provides health insurance for adults and children with limited income and resources. The program is partially funded and primarily managed by U.S. state, state governments, which also h ...
beneficiary has the right to select any qualified health care provider." *Wake oversaw a civil proceeding instituted by the
Equal Employment Opportunity Commission The U.S. Equal Employment Opportunity Commission (EEOC) is a federal agency that was established via the Civil Rights Act of 1964 to administer and enforce civil rights laws against workplace discrimination. The EEOC investigates discrimination ...
against the
Cheesecake Factory The Cheesecake Factory Incorporated is an American restaurant company and distributor of cheesecakes based in the United States. It operates 348 full-service restaurants: 215 under the Cheesecake Factory brand, 42 under the North Italia brand, a ...
. The EEOC had alleged that the restaurant chain had "allowing male kitchen staffers to sexually harass other male workers" in its
Chandler, Arizona Chandler is a city in Maricopa County, Arizona, United States, and a suburb in the Phoenix Metropolitan Area, Phoenix-Mesa-Chandler Metropolitan Statistical Area. It is the List of municipalities in Arizona, fourth-most populous city in Arizona ...
restaurant. In 2009, Wake issued a
consent decree A consent decree is an agreement or settlement that resolves a dispute between two parties without admission of guilt (in a criminal case) or liability (in a civil case). Most often it is such a type of settlement in the United States. The ...
approving of a settlement in which the Cheesecake Factory did not admit any wrongdoing, but agreed to pay $345,000, to improve
sexual harassment Sexual harassment is a type of harassment based on the sex or gender of a victim. It can involve offensive sexist or sexual behavior, verbal or physical actions, up to bribery, coercion, and assault. Harassment may be explicit or implicit, wit ...
training, and to appoint an attorney ombudsman.Cheesecake Factory settles sexual harassment suit
Reuters (November 10, 2009).


References


External links

* {{DEFAULTSORT:Wake, Neil Vincent 1948 births Living people Arizona State University alumni Harvard Law School alumni Judges of the United States District Court for the District of Arizona United States district court judges appointed by George W. Bush Lawyers from Phoenix, Arizona