Timothy Dyk
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Timothy Belcher Dyk (born February 14, 1937) is an American lawyer and jurist serving since 2000 as a U.S. circuit judge of the U.S. Court of Appeals for the Federal Circuit.


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 The Navajo or Diné are an Indigenous people of the Southwestern United States. Their traditional language is Diné bizaad, a Southern Athabascan language. The states with the largest Diné populations are Arizona (140,263) and New Mexico (1 ...
Indians, Dyk was born in
Boston Boston is the capital and most populous city in the Commonwealth (U.S. state), Commonwealth of Massachusetts in the United States. The city serves as the cultural and Financial centre, financial center of New England, a region of the Northeas ...
,
Massachusetts Massachusetts ( ; ), officially the Commonwealth of Massachusetts, is a U.S. state, state in the New England region of the Northeastern United States. It borders the Atlantic Ocean and the Gulf of Maine to its east, Connecticut and Rhode ...
. He earned his B.A., ''
cum laude Latin honors are a system of Latin phrases used in some colleges and universities to indicate the level of distinction with which an academic degree has been earned. The system is primarily used in the United States. It is also used in some Sout ...
'', from
Harvard College Harvard College is the undergraduate education, undergraduate college of Harvard University, a Private university, private Ivy League research university in Cambridge, Massachusetts, United States. Part of the Harvard Faculty of Arts and Scienc ...
in 1958, and earned his
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 ...
, ''magna cum laude'', in 1961 from the
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 ...
, where he was a member of the ''
Harvard Law Review The ''Harvard Law Review'' is a law review published by an independent student group at Harvard Law School. According to the ''Journal Citation Reports'', the ''Harvard Law Review''s 2015 impact factor of 4.979 placed the journal first out of ...
''. 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 turn on question ...
Justices
Stanley Forman Reed Stanley Forman Reed (December 31, 1884 – April 2, 1980) was an American lawyer and jurist who served as an Associate Justice of the U.S. Supreme Court from 1938 to 1957. He also served as U.S. Solicitor General from 1935 to 1938. Born in Ma ...
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, mayor of Cleveland, Ohio, as a U.S. Senator from Ohio, and as an Associate Justice of the Supreme Court ...
in 1961 and 1962, and clerked for Supreme Court Chief Justice
Earl Warren Earl Warren (March 19, 1891 – July 9, 1974) was an American attorney and politician who served as the 30th governor of California from 1943 to 1953 and as the 14th Chief Justice of the United States from 1953 to 1969. The Warren Court presid ...
from 1962 to 1963. While clerking for Chief Justice Warren, Dyk came across a handwritten
pro se ''Pro se'' legal representation ( or ) means to argue on one's own behalf in a legal proceeding, as a defendant or plaintiff in civil cases, or a defendant in criminal cases, rather than have representation from counsel or an attorney. The ...
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 a prerogative writ in England, 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 an impoverished American Homelessness in the United States, drifter accused in a Florida state court of Burglary, felony breaking and entering. While in prison, he appealed his cas ...
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 List of landmark court decisions in the United States, landmark Supreme Court of the United States, U.S. Supreme Court decision in which the Court ruled that the Sixth Amendment to the United S ...
'', 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 United States federal executive departments, federal executive department of the U.S. government that oversees the domestic enforcement of Law of the Unite ...
as Special Assistant to the then
Assistant Attorney General Many of the divisions and offices of the United States Department of Justice (DOJ) are headed by an assistant attorney general. The president of the United States appoints individuals to the position of assistant attorney general with the adv ...
, Tax Division, Louis F. Oberdorfer.


Private practice

Dyk worked in private practice as an attorney in
Washington, D.C. Washington, D.C., formally the District of Columbia and commonly known as Washington or D.C., is the capital city and federal district of the United States. The city is on the Potomac River, across from Virginia, and shares land borders with ...
, from 1964 until 2000, first with
Wilmer, Cutler & Pickering Wilmer Cutler Pickering Hale and Dorr LLP, also known as WilmerHale, is an American multinational corporation, multinational law firm with offices in the United States, Europe, and Asia. Co-headquartered in Washington, D.C., and Boston, it was fo ...
, 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 Georgetown University Law Center is the Law school in the United States, law school of Georgetown University, a Private university, private research university in Washington, D.C., United States. It was established in 1870 and is the largest law ...
in 1983, 1986, and 1989, a visiting professor and lecturer at the
University of Virginia School of Law The University of Virginia School of Law (Virginia Law) is the law school of the University of Virginia, a public research university in Charlottesville, Virginia. Founded by Thomas Jefferson in 1819 as part of his "academical village", and now ...
from 1984 to 1985 and from 1987 to 1988, and was also a lecturer at
Yale Law School Yale Law School (YLS) is the law school of Yale University, a Private university, private research university in New Haven, Connecticut. It was established in 1824. The 2020–21 acceptance rate was 4%, the lowest of any law school in the United ...
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 most commonly refers to: * First, the ordinal form of the number 1 First or 1st may also refer to: Acronyms * Faint Images of the Radio Sky at Twenty-Centimeters, an astronomical survey carried out by the Very Large Array * Far Infrared a ...
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 Space Shuttle Challenger, Space Shuttle ''Challenger'' 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 Can ...
. In an August 4, 1997, article in ''
The Washington Post ''The Washington Post'', locally known as ''The'' ''Post'' and, informally, ''WaPo'' or ''WP'', is an American daily newspaper published in Washington, D.C., the national capital. It is the most widely circulated newspaper in the Washington m ...
'', 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 turn on question ...
. 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 The Judicial Conference of the United States, formerly known as the Conference of Senior Circuit Judges, was created by the United States Congress in 1922 with the principal objective of framing policy guidelines for administration of judicial co ...
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 and lawyer who was the 42nd president of the United States from 1993 to 2001. A member of the Democratic Party (United States), Democratic Party, ...
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 one of the 13 United States courts of appeals. It has special appellate jurisdiction over certain categories of cases in the U.S. federa ...
vacated by Judge
Glenn L. Archer Jr. Glenn Leroy Archer Jr. (March 21, 1929 – July 27, 2011) was a United States circuit judge of the United States Court of Appeals for the Federal Circuit. Education and career Born in Densmore, Kansas, Archer moved to Topeka, Kansas where he at ...
With 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 ...
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 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 an ...
, was the Administrator of the
Office of Information and Regulatory Affairs The Office of Information and Regulatory Affairs (OIRA ) is a division within the Office of Management and Budget under the Executive Office of the President. OIRA oversees the implementation of government-wide policies in, and reviews draft r ...
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). The office's most prominent function is to produce the president's budget, while it also examines agency pro ...
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 The 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 was the first law school established in New York City and is the oldest survivin ...
.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. The ...
*
List of law clerks of the Supreme Court of the United States (Seat 6) 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. Most ...
*
List of law clerks of the Supreme Court of the United States (Seat 8) A list is a set of discrete items of information collected and set forth in some format for utility, entertainment, or other purposes. A list may be memorialized in any number of ways, including existing only in the mind of the list-maker, but ...


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 Lawyers from Boston United States court of appeals judges appointed by Bill Clinton Wilmer Cutler Pickering Hale and Dorr partners