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Roberto Lange

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Roberto Lange
Chief Judge of the United States District Court for the District of South Dakota
Incumbent
Assumed office
January 1, 2020
Preceded byJeffrey L. Viken
Judge of the United States District Court for the District of South Dakota
Incumbent
Assumed office
October 21, 2009
Appointed byBarack Obama
Preceded byCharles B. Kornmann
Personal details
Born
Roberto Antonio Lange

(1963-04-22) April 22, 1963 (age 61)
Pamplona, Spain
EducationUniversity of South Dakota (BA)
Northwestern University (JD)

Roberto Antonio Lange (born April 22, 1963) is the chief United States district judge of the United States District Court for the District of South Dakota.

Early life and education

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Born in Pamplona, Spain, Lange was raised on a family farm near Madison, South Dakota.[1] Lange earned a Bachelor of Arts degree from the University of South Dakota in 1985 where he graduated magna cum laude as a University Scholar having received the McGovern-Abourezk Human Rights Award.[2] He attended Northwestern University School of Law and received his Juris Doctor in 1988, cum laude.[1] During his time at law school, Lange worked as an editor and board member for the Northwestern University Law Review, represented the law school on the Jessup International Moot Court team and board, and graduated with the Order of the Coif distinction as within the top ten percent of his class.[2]

Career

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After graduating law school, Lange worked as a law clerk in 1988 and 1989 for Judge Donald J. Porter, of the District of South Dakota.[1] Lange then joined the law firm Davenport, Evans, Hurwitz & Smith[3] in Sioux Falls, South Dakota, in 1989. Lange became a partner in 1993, and later served as the head of the firm's litigation section. Lange specialized in complex commercial litigation, products liability and significant injury cases, class action and ERISA litigation. During his twenty years with the firm, he handled business disputes for individuals, small businesses, and nationally known clients.[4]

Rhines v. Weber

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In 2005, Lange argued the case of Rhines v. Weber[5] in front of the Supreme Court of the United States. As court-appointed counsel for a death-row inmate, he presented the issue of whether a federal court may stay a section 2254 habeas corpus petition which included exhausted and unexhausted claims. The Supreme Court ruled in favor of Lange's client, by a 9–0 vote, reversed the Court of Appeals for the Eighth Circuit, and allowed the district court to stay Rhines' petition. Ultimately, in 2019, Rhines was executed.[6]

Federal judicial service

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Upon the recommendation of U.S. Senator Tim Johnson,[1] President Barack Obama nominated Lange to a vacant seat on the United States District Court for the District of South Dakota on July 8, 2009, that had been created by Judge Charles B. Kornmann assuming senior status.[7] The American Bar Association Standing Committee on the Judicial Nominations voted unanimously to rate Lange as "well qualified." The United States Senate Committee on the Judiciary reported Lange's nomination out of committee on October 1, 2009.[8] The United States Senate confirmed Lange by a 100–0 vote on October 21, 2009.[9] He received his commission the same day. He became chief judge on January 1, 2020.[10]

Seminal cases

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On June 2, 2021, Lange ruled against South Dakota Governor Kristi Noem's efforts to have fireworks at Mount Rushmore, finding four of the five reasons given by the National Park Service and Department of the Interior Secretary Deb Haaland were valid.[11]

In March 2020, Lange interpreted the 1868 Treaty of Fort Laramie in light of congressional enactments and the federal government's trust obligation to American Indian tribes to require the federal government to provide the Rosebud Sioux Tribe with "competent physician-led health care" in a suit that followed the Indian Health Services having close the emergency department of the lone medical facility on the reservation.[12] Lange however ruled that the State of South Dakota, and not the Cheyenne River Sioux Tribe, was granted the statutory right to set the speed limit on a United States Highway crossing through a reservation.[13] Before the 2022 election, Lange granted a preliminary injunction on a showing that Lyman County in South Dakota had violated the Voting Rights Act by their five at-large commissioner districts, which had prevented the Lower Brule Sioux Tribe, though constituting 40% of the county's population, from ever electing a county commissioner.[14] Lange ultimately allowed the 2022 election of commissioners to proceed under a plan that resolved the Voting Rights Act violation by 2024.[15]

In April 2020, Lange issued a 106-page decision finding that five of six plaintiffs who had been forcibly catheterized at the direction of South Dakota law enforcement had viable claims for violation of their Fourth Amendment protections against unreasonable searches and seizures.[16] Lange wrote that "Defendants' need to obtain plaintiffs' urine to prove low-level drug crimes did not justify subjecting the plaintiffs to involuntary catheterization, a highly invasive--and in these cases--degrading medical procedure."[16]

Testimony

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Lange in February 2014 testified before the United States Sentencing Commission on implementation of the Violence Against Women Act of 2013.[17] Lange's criminal case load is the highest among federal judges for Native American defendants and violent crime from reservations. Lange served on the national Tribal Issues Advisory Group,[18] and testified before the Sentencing Commission in July 2016 concerning the report of the Tribal Issues Advisory Group.[19]

References

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  1. ^ a b c d Zach Anderson, Lange nominated to serve in Federal District Court, The Madison Daily Leader (July 15, 2009).
  2. ^ a b http://www.congress.gov/nomination/111th-congress/716 [bare URL]
  3. ^ "Davenport Evans Lawyers in Sioux Falls, SD -Davenport, Evans, Hurwitz & Smith, LLP".
  4. ^ Lange Recommended for Federal Judgeship, archived from the original on 2011-07-09
  5. ^ 544 U.S. 269, 125 S. Ct. 1528 (2005).
  6. ^ "Convicted killer Charles Rhines executed in South Dakota for stabbing co-worker in 1992". cbsnews.com. November 4, 2019. Retrieved August 20, 2021.
  7. ^ President Obama Nominates Irene Berger, Roberto Lange to Serve on the District Court Bench Archived 2009-07-15 at the Wayback Machine, whitehouse.gov (July 8, 2009).
  8. ^ "Judicial Nomination Materials: 111th Congress". Archived from the original on 2009-11-04. Retrieved 2016-02-27.
  9. ^ "On the Nomination (Confirmation Roberto A. Lange, of South Dakota, to be U.S. District Judge)". US Senate. Retrieved 7 January 2022.
  10. ^ "Judicial Milestones: Roberto Lange, uscourts.gov
  11. ^ "Judge rules against Noem in fireworks lawsuit". keloland.com. April 30, 2021. Retrieved August 20, 2021.
  12. ^ "Judge: Rosebud tribal members have treaty claim for health care".
  13. ^ "U.S. Judge rules for South Dakota in dispute with CRST chairman on speed limit through la Plant". 29 October 2020.
  14. ^ Wicks, Victoria. "Federal judge orders Lyman County to remediate Lower Brule voting rights violations". South Dakota Public Broadcasting. Archived from the original on September 26, 2022.
  15. ^ "Federal judge rules Lyman County election to go forward after Lower Brule Sioux tribe filed VRA lawsuit". MSN.[dead link]
  16. ^ a b "Judge: Forced catheterizations by South Dakota law enforcement violated Constitution".
  17. ^ "Agenda from February 13, 2014 | United States Sentencing Commission". www.ussc.gov. Archived from the original on 2015-02-17.
  18. ^ "RE: American Indian Sentencing Advisory Group" (PDF). United States Sentencing Commission. Archived from the original on March 26, 2015.
  19. ^ "Public Hearing – July 21, 2016". 6 June 2016.
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Legal offices
Preceded by Judge of the United States District Court for the District of South Dakota
2009–present 		Incumbent
Preceded by Chief Judge of the United States District Court for the District of South Dakota
2020–present
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