Richard Williams (Virginia)

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Richard Williams

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Prior offices
United States District Court for the Eastern District of Virginia

Education

Law

University of Virginia School of Law, 1951

Military

Service / branch

U.S. Army

Years of service

1940 - 1945

Personal
Birthplace
Virginia

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Richard Leroy Williams was an Article III federal judge for the United States District Court for the Eastern District of Virginia. He joined the court in 1980 after being nominated by President Jimmy Carter. Williams passed away on February 19, 2011.

Early life and education

Williams served five years on active duty in the U.S. Army, Air Corps, from 1940 to 1945 before graduating from the University of Virginia School of Law with an LL.B. in 1951.[1]

Military service

Williams served in the U.S. Air Force from 1940 to 1945.[1]

Professional career

  • 1976-1980: Attorney in private practice
  • 1973-1976: Lecturer, University of Virginia School of Law
  • 1972-1976: Judge, Richmond Circuit Court, Virginia
  • 1951-1972: Attorney in private practice[1]

Judicial career

Eastern District of Virginia

Williams was nominated to the Eastern District of Virginia by Jimmy Carter on April 9, 1979 to a new seat created by 92 Stat. 1629. Williams was confirmed by the U.S. Senate on September 29, 1980, and received commission on September 30, 1980. Williams assumed senior status on May 1, 1992, and served until his death on February 19, 2011.[1] Williams was succeeded in this position by Judge Raymond Jackson.

Noteworthy cases

Virginia absentee ballot case

Judge Williams ruled against the Virginia Board of Elections over violations of the Uniformed and Overseas Citizens Absentee Voting Act. The judge found the Commonwealth failed to send out 2,000 absentee ballots to uniformed service members on time. The law states that the Commonwealth must send ballots out at least 30 days before the election. As part of the judge's order, the Commonwealth of Virginia must count the disallowed ballots in the final 2008 vote totals.[2]

Derek Tice case

On September 14, 2009, Judge Williams wiped the conviction of former Navy sailor Derek Tice after Virginia Governor Tim Kaine granted conditional pardons to Tice and three other men who were convicted of the rape and murder of Michelle Moore-Bosko. Tice was one of four men who were convicted but claimed authorities coerced their confessions. They petitioned the federal judge to have the offenses wiped off their records due to Governor Kaine's conditional pardon.[3]

Virginia's partial birth abortion ban

In 2004, Williams struck down Virginia's partial-birth abortion ban ruling it unconstitutional. The Center for Reproductive Rights in June 2003 challenged the law on the grounds that the law establishes partial birth abortion or partial-birth infanticide as a felony as the lawsuit was brought on behalf of Richmond Medical Center for Women and abortion provider Dr. William Fitzhugh. Williams on July 1, 2003, ordered prosecutors in Richmond and Henrico counties not to enforce the ban until the constitutional challenge to the law had been resolved once the case first came in Federal Court after former Virginia Governor George Allen signed the bill into law. The CRR suit claimed that the "vaguely defined" ban could subject to prosecution doctors who perform dilation and extraction procedures, which are a common type of second trimester abortion. However, supporters of the law said it "specifically targeted" procedures that take place once the fetus has already entered the birth canal according to the text of the law.[4]

Virginia along with Wisconsin and South Dakota have similar laws, but this case was sued as the plaintiffs in the suit claimed it denied various reproductive rights to women.[4]

Virginia's ban on interstate wine shipments

On March 29, 2002 Williams ruled that a longstanding Virginia ban on interstate wine direct shipments to consumers is unconstitutional as it violated the commerce clause in the constitution. This ruling set precedent for other states to pass legislation opening up interstate commerce on wine shipments that has allowed new wineries to come into other states and lowerwing wine prices.[5]

Banning of guns in public housing

In November 1990, Williams was known nationally for a ruling that set a firestorm of criticism and debate across the country on gun rights. Williams ruled that publicly owned housing could ban handguns in a person's place of residence in the Commonwealth of Virginia. This was expanded when Chicago became the first city in the United States to ban handguns in public housing projects. The case continues to be argued on its merits by gun rights advocates including the NRA.[6]

See also

External links

Footnotes

Political offices
Preceded by:
NA-New Seat
Eastern District of Virginia
1980–1992
Seat #7
Succeeded by:
Raymond Jackson