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Stephen Hale Anderson [1] | |
|---|---|
 United States Court of Appeals for the Tenth Circuit | |
| Federal Appeals Judge for the United States Court of Appeals for the Tenth Circuit | |
| Assumed office 16 October 1985 | |
| Nominated by | U.S. President Ronald Reagan |
Stephen H. Anderson is a Federal Appeals Judge for the United States Court of Appeals for the Tenth Circuit. He assumed senior status on 1 January 2000.
Early Life and Education[edit]
Stephen Anderson was born in Salt Lake City on January 12, 1932 [2]. In 1949, Anderson attended Eastern Oregon College of Education in LaGrande, Oregon where he studied until 1951. After a short hiatus from university studies, Anderson resumed his college career at Brigham Young University in 1955. He would continue to study there until 1956. In 1957, he enrolled at the University of Utah college of law where he would graduate with his Bachelor of Laws in 1960. While in law school, he was also a member of Phi Kappa Phi Honor Society, graduated Order of the Coif, and served as Editor-in-Chief of the Utah Law Review.
Military Service[edit]
From 1953 to 1955, in between his enrollment at Eastern Oregon College of Education and Brigham Young University, Anderson served on active duty in the United States Army 44th Infantry Division [3].
Legal Career[edit]
In 1960, after graduating from college, Anderson began his legal career as a trial attorney in the Tax Division of the U.S. Department of Justice in Washington D.C. Four years later, he joined the law firm of Ray, Quinney & Nebeker in Salt Lake City, Utah [2] concentrating in business & tax law and related litigation. He would remain a private practice attorney until 1985. Judge Anderson was President of the Utah State Bar (1983-1984), and President of the Salt Lake County Bar Association (1977-1978), and was on the governing boards of those organizations from 1972 to 1985. He was a founder of the Volunteer Lawyer Night Small Claims Court program, which won the American Bar Association's individual project Award of Merit. Judge Anderson was named Judge of the Year by the Federal Bar Association in 2005 and by the Utah State Bar in 2002; he was named Alumnus of the Year by the University of Utah College of Law in 1986. Anderson served as President of the Board of Trustees of the S.J. Quinney College of Law at the University of Utah (1982-1983), member of the Board of Visitors of the J. Reuben Clark Law School at Brigham Young University, and member of the Board of Governors of the Salt Lake Area Chamber of Commerce (Executive Committee, 1984-1985). While in private practice, he also served on the Board of Directors of ZCMI, The Amalgamated Sugar Company, and many other corporations.
Judicial Career[edit]
On July 23, 1985, Anderson was nominated by President Ronald Reagan to a new seat on the United States Court of Appeals for the Tenth Circuit created by 98 Stat. 333. He was confirmed by the United States Senate on October 16, 1985, and received his commission the same day. He was appointed by Chief Justice Rehnquist to the National Council of State and Federal Courts (1993-2998), and Chairman of the U.S. Judicial Conference Committee on Federal-State Jurisdiction (1995-1998). During his tenure, he testified in front of Congress many times concerning related courts legislation. [4] He assumed senior status on January 1, 2000.
Law Graduates who served as law clerks to the Honorable Stephen H. Anderson[edit]
- Ryan Harris (University of Utah)[5]
- Christina J. Shmutz (University of Utah)
- William R. Richards (University of Utah)
- Michael P. Petrogeorge (University of Utah)
- Judge G. Murray Snow (Brigham Young University)[6]
Selected Opinions[edit]
First Amendment[edit]
Umbehr v. McClure[edit]
Keen Umbehr was an independent contractor for Wabaunsee County, Kansas hauling away trash for many of the county's cities. After he spoke out unfavorably against county policies, he lost his contracts with the county. Claiming a violation of his 1st Amendment rights, Umbehr filed suit.
Anderson and the 10th Circuit ruled that “an independent contractor is protected under the First Amendment from retaliatory governmental action” and thus reversed and remanded the District Courts ruling in favor of the county's motion for a summary judgement. [7]
Horstkoetter v. Department of Public Safety[edit]
Two officers with the Department of Public Safety placed political campaign signs at their personal residences. This being in violation of the Department's policies, they were ordered to remove the signs under threat of suspension or termination. The officer's complied, but filed suit saying that their first amendment right of political expression had been violated.
The 10th circuit upheld the District court's ruling that public employers may restrict the speech of their employees provided they meet a four-prong test. Under the test, (1) the speech must involve a matter of public concern; (2) the employee's interest in expression must outweigh the employer's interest in regulation; (3) the speech must be a substantial factor motivating the government's action; and (4) the employer must not have taken the same adverse action absent the protected speech. [8]
United States v. Galloway[edit]
Writing for the court, Judge Anderson said, “We granted in banc review in this case in part to review procedures in this circuit for asserting constitutionally ineffective assistance of counsel claims. In this context we must decide whether an ineffectiveness claim supported by new grounds is procedurally barred in a petitioner's first collateral proceeding under 28 U.S.C. § 2255, when the issue of ineffectiveness has already been raised and adjudicated on direct appeal. The panel opinion in this case so held. United States v. Galloway,32 F.3d 499, 503 (10th Cir.1994) (Galloway III)... [W]e conclude otherwise.”
The court held “that an ineffective assistance of counsel claim on direct appeal does not bar the assertion of a subsequent ineffectiveness claim, based on different grounds, in a first petition filed pursuant to 28 U.S.C. § 2255.” [9]
The Circuit vacated the District Court's dismissal of Habeus Corpus and remanded it to the District Court for further proceedings.
Price v. Western Resources[edit]
In November of 1997, an explosion at a Lawrence, Kansas power plant left an electrician, Charles Edward Price, and two other men dead from severe burns. Price's family filed a complaint against Westar Energy (then named Western Resources) seeking unspecified damages for personal injury and wrongful death.
Judge Anderson upheld a lower court's ruling in Price v. Western Resources that said Kansas law permitted families to only collect benefits through the workers' compensation system, and not through the courts.
"It cannot be said that (the Kansas law) is an arbitrary or irrational legislative action. On the contrary, it appears to be the result of a well thought-out compromise between the interests of employers and workers," Anderson wrote.[10]
References[edit]
- ^ [1], orderinthecourt.org.
- ^ a b [2] nndb.com
- ^ [3] Federal Judicial Center
- ^ "Finding the Balance in Federal-State Jurisdiction: An Interview with Judge Stephen H. Anderson". Retrieved 26 October 2011.
- ^ [4], law.utah.edu.
- ^ [5], law2.byu.edu.
- ^ http://caselaw.findlaw.com/us-10th-circuit/1316787.html.
{{cite web}}: Missing or empty|title=(help) - ^ http://caselaw.findlaw.com/us-10th-circuit/1349339.html.
{{cite web}}: Missing or empty|title=(help) - ^ http://federal-circuits.vlex.com/vid/america-george-don-galloway-defendant-37691807.
{{cite web}}: Missing or empty|title=(help) - ^ Mathis, Joel (16 November 2000). "Electrician Familys Wrongful Death Suit Is Rejected on Appeal in Colorado". Lawrence Journal-World. Retrieved 26 October 2011.