Colleen Constance Kollar-Kotelly (born April 17, 1943) is an American lawyer serving as a
Senior
Senior (shortened as Sr.) means "the elder" in Latin and is often used as a suffix for the elder of two or more people in the same family with the same given name, usually a parent or grandparent. It may also refer to:
* Senior (name), a surname ...
United States district judge
The United States district courts are the trial courts of the United States federal judiciary, U.S. federal judiciary. There is one district court for each United States federal judicial district, federal judicial district, which each cover o ...
of the
United States District Court for the District of Columbia
The United States District Court for the District of Columbia (in case citations, D.D.C.) is a federal district court in the District of Columbia. It also occasionally handles (jointly with the United States District Court for the District of ...
and was previously presiding judge of the
Foreign Intelligence Surveillance Court
The United States Foreign Intelligence Surveillance Court (FISC), also called the FISA Court, is a U.S. federal court established under the Foreign Intelligence Surveillance Act of 1978 (FISA) to oversee requests for surveillance warrants ag ...
.
Education and career
Kollar-Kotelly was born in
New York City
New York, often called New York City or NYC, is the List of United States cities by population, most populous city in the United States. With a 2020 population of 8,804,190 distributed over , New York City is also the L ...
, the daughter of Irene (''née'' Crowley) and Konstantine Kollar, an environmental engineer. Her paternal grandparents, Paul and Anna Kollár, were emigrants from
Hungary
Hungary ( hu, Magyarország ) is a landlocked country in Central Europe. Spanning of the Carpathian Basin, it is bordered by Slovakia to the north, Ukraine to the northeast, Romania to the east and southeast, Serbia to the south, Croatia a ...
.
Konstantine Kollar worked at the
U.S. Department of Commerce
The United States Department of Commerce is an United States federal executive departments, executive department of the Federal government of the United States, U.S. federal government concerned with creating the conditions for economic growth ...
, where he was responsible for the planning of water resources, and he also served as a consultant to the
World Health Organization
The World Health Organization (WHO) is a specialized agency of the United Nations responsible for international public health. The WHO Constitution states its main objective as "the attainment by all peoples of the highest possible level of h ...
and the
Pan American Health Organization
The Pan American Health Organization (PAHO) is an international public health agency working to improve the health and living standards of the people of the Americas. It is part of the United Nations system, serving as the Regional Office for ...
. From 1948 to 1959, he worked in U.S. foreign assistance programs in
Mexico
Mexico (Spanish: México), officially the United Mexican States, is a country in the southern portion of North America. It is bordered to the north by the United States; to the south and west by the Pacific Ocean; to the southeast by Guatema ...
,
Ecuador
Ecuador ( ; ; Quechua: ''Ikwayur''; Shuar: ''Ecuador'' or ''Ekuatur''), officially the Republic of Ecuador ( es, República del Ecuador, which literally translates as "Republic of the Equator"; Quechua: ''Ikwadur Ripuwlika''; Shuar: ''Eku ...
and
Venezuela
Venezuela (; ), officially the Bolivarian Republic of Venezuela ( es, link=no, República Bolivariana de Venezuela), is a country on the northern coast of South America, consisting of a continental landmass and many islands and islets in th ...
,
where Kollar-Kotelly attended bilingual schools. She attended
Georgetown Visitation Preparatory School
Georgetown Visitation Preparatory School is a private Roman Catholic college-preparatory school for girls located in the historic Washington, D.C. neighborhood of Georgetown. Founded in 1799 by the Order of the Visitation of Holy Mary (also k ...
in Washington, D.C. She earned her
Bachelor of Arts
Bachelor of arts (BA or AB; from the Latin ', ', or ') is a bachelor's degree awarded for an undergraduate program in the arts, or, in some cases, other disciplines. A Bachelor of Arts degree course is generally completed in three or four years ...
degree in English from
Catholic University of America
The Catholic University of America (CUA) is a private Roman Catholic research university in Washington, D.C. It is a pontifical university of the Catholic Church in the United States and the only institution of higher education founded by U.S. ...
(Delta Epsilon Honor Society) and her
Juris Doctor
The Juris Doctor (J.D. or JD), also known as Doctor of Jurisprudence (J.D., JD, D.Jur., or DJur), is a graduate-entry professional degree in law
and one of several Doctor of Law degrees. The J.D. is the standard degree obtained to practice law ...
from
Catholic University of America
The Catholic University of America (CUA) is a private Roman Catholic research university in Washington, D.C. It is a pontifical university of the Catholic Church in the United States and the only institution of higher education founded by U.S. ...
's
Columbus School of Law
The Columbus School of Law, also known as Catholic Law or CUA Law, is the law school of the Catholic University of America, a private Roman Catholic research university in Washington, D.C.
More than 400 Juris Doctor students attend Catholic La ...
(Moot court Board of Governors) in 1968. From 1968 to 1969, Kollar-Kotelly served as a
law clerk
A law clerk or a judicial clerk is a person, generally someone who provides direct counsel and assistance to a lawyer or judge by researching issues and drafting legal opinions for cases before the court. Judicial clerks often play significant ...
to Judge
Catherine B. Kelly of the
District of Columbia Court of Appeals
The District of Columbia Court of Appeals is the highest court of the District of Columbia, in the United States. Established in 1970, it is equivalent to a state supreme court, except that its authority is derived from the United States Congr ...
. From 1969 to 1972, Kollar-Kotelly was an attorney for the
Department of Justice
A justice ministry, ministry of justice, or department of justice is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a v ...
, Criminal Division, Appellate Section, after which she became chief legal counsel for
St. Elizabeths Hospital, Department of Health and Human Services, from 1972 to 1984.
On October 3, 1984, Kollar-Kotelly was nominated as an Associate Judge of the
Superior Court of the District of Columbia
The Superior Court of the District of Columbia, commonly referred to as DC Superior Court, is the trial court for the District of Columbia, in the United States. It hears cases involving criminal and civil law, as well as family court, landlor ...
by President
Ronald Reagan
Ronald Wilson Reagan ( ; February 6, 1911June 5, 2004) was an American politician, actor, and union leader who served as the 40th president of the United States from 1981 to 1989. He also served as the 33rd governor of California from 1967 ...
; she took her oath of office on October 21. She served as Deputy Presiding Judge of the Criminal Division from 1997 to 1997.
Federal judicial service
Kollar-Kotelly was nominated by President
Bill Clinton
William Jefferson Clinton ( né Blythe III; born August 19, 1946) is an American politician who served as the 42nd president of the United States from 1993 to 2001. He previously served as governor of Arkansas from 1979 to 1981 and agai ...
on January 7, 1997, to a seat on the
United States District Court for the District of Columbia
The United States District Court for the District of Columbia (in case citations, D.D.C.) is a federal district court in the District of Columbia. It also occasionally handles (jointly with the United States District Court for the District of ...
vacated by Judge
Harold H. Greene
Harold Herman Greene (born Heinz Grünhaus, February 6, 1923 – January 29, 2000) was a United States district judge of the United States District Court for the District of Columbia.
Education and career
Greene was born Heinz Grünhaus in Fran ...
. She was confirmed by the
United States Senate
The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States.
The composition and pow ...
on March 20, 1997, and received commission on March 26, 1997.
She took her oath of office on May 12, 1997. Chief Justice
William Rehnquist
William Hubbs Rehnquist ( ; October 1, 1924 – September 3, 2005) was an American attorney and jurist who served on the U.S. Supreme Court for 33 years, first as an associate justice from 1972 to 1986 and then as the 16th chief justice from ...
appointed Judge Kollar-Kotelly to serve on the Financial Disclosure Committee (2000–2002), and later as Presiding Judge of the
United States Foreign Intelligence Surveillance Court
The United States Foreign Intelligence Surveillance Court (FISC), also called the FISA Court, is a U.S. federal court established under the Foreign Intelligence Surveillance Act of 1978 (FISA) to oversee requests for surveillance warrants aga ...
, where she served from 2002 to 2009.
[ She assumed ]senior status
Senior status is a form of semi-retirement for United States federal judges. To qualify, a judge in the Federal judiciary of the United States, federal court system must be at least 65 years old, and the sum of the judge's age and years of servi ...
on February 21, 2023.[
Kollar-Kotelly received attention from a 2006 article in '']The Washington Post
''The Washington Post'' (also known as the ''Post'' and, informally, ''WaPo'') is an American daily newspaper published in Washington, D.C. It is the most widely circulated newspaper within the Washington metropolitan area and has a large nati ...
'' describing her administration of the FISC, and in particular, what weight evidence taken from warrantless search
A search warrant is a court order that a magistrate or judge issues to authorize law enforcement officers to conduct a search of a person, location, or vehicle for evidence of a crime and to confiscate any evidence they find. In most countries, ...
es should be given to issuing subsequent search warrant
A search warrant is a court order that a magistrate or judge issues to authorize law enforcement officers to conduct a search of a person, location, or vehicle for evidence of a crime and to confiscate any evidence they find. In most countries, ...
s for suspects of terrorism
Terrorism, in its broadest sense, is the use of criminal violence to provoke a state of terror or fear, mostly with the intention to achieve political or religious aims. The term is used in this regard primarily to refer to intentional violen ...
and espionage
Espionage, spying, or intelligence gathering is the act of obtaining secret or confidential information (intelligence) from non-disclosed sources or divulging of the same without the permission of the holder of the information for a tangibl ...
.
Notable cases
In August 2001, Kollar-Kotelly was assigned the ''United States v. Microsoft
''United States v. Microsoft Corporation'', 253 F.3d 34 (D.C. Cir. 2001), was a landmark American antitrust law case at the United States Court of Appeals for the District of Columbia Circuit. The U.S. government accused Microsoft of illegally ...
'' anti-trust case, after Judge Thomas Penfield Jackson
Thomas Penfield Jackson (January 10, 1937 – June 15, 2013) was an American jurist who served as a United States District federal judge of the United States District Court for the District of Columbia.
Education and career
Born in Washington, ...
was removed from the case.
On July 14, 2004, barely two months after President Bush
Bush commonly refers to:
* Shrub, a small or medium woody plant
Bush, Bushes, or the bush may also refer to:
People
* Bush (surname), including any of several people with that name
**Bush family, a prominent American family that includes:
*** ...
was forced to end National Security Agency
The National Security Agency (NSA) is a national-level intelligence agency of the United States Department of Defense, under the authority of the Director of National Intelligence (DNI). The NSA is responsible for global monitoring, collecti ...
domestic internet metadata collection by Attorney General John Ashcroft
John David Ashcroft (born May 9, 1942) is an American lawyer, lobbyist and former politician who served as the 79th U.S. Attorney General in the George W. Bush administration from 2001 to 2005. A former U.S. Senator from Missouri and the 50th ...
, Kollar-Kotelly issued a Foreign Intelligence Surveillance Act
The Foreign Intelligence Surveillance Act of 1978 ("FISA" , ) is a United States federal law that establishes procedures for the physical and electronic surveillance and the collection of "foreign intelligence information" between "foreign po ...
(FISA) court order allowing the NSA to resume domestic internet metadata collection.
Kollar-Kotelly denied a last-minute appeal by Saddam Hussein
Saddam Hussein ( ; ar, صدام حسين, Ṣaddām Ḥusayn; 28 April 1937 – 30 December 2006) was an Iraqi politician who served as the fifth president of Iraq from 16 July 1979 until 9 April 2003. A leading member of the revolution ...
's legal team, stating that the United States has no right to interfere with the judicial processes of another nation's courts. In August 2007, she ordered the administration of George W. Bush
George Walker Bush (born July 6, 1946) is an American politician who served as the 43rd president of the United States from 2001 to 2009. A member of the Republican Party, Bush family, and son of the 41st president George H. W. Bush, he ...
to give its views regarding records requests by the American Civil Liberties Union
The American Civil Liberties Union (ACLU) is a nonprofit organization founded in 1920 "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States". T ...
on the National Security Agency
The National Security Agency (NSA) is a national-level intelligence agency of the United States Department of Defense, under the authority of the Director of National Intelligence (DNI). The NSA is responsible for global monitoring, collecti ...
's wiretapping program.
On October 1, 2007, Kollar-Kotelly reversed George W. Bush
George Walker Bush (born July 6, 1946) is an American politician who served as the 43rd president of the United States from 2001 to 2009. A member of the Republican Party, Bush family, and son of the 41st president George H. W. Bush, he ...
on archive secrecy in a 38-page ruling, which said that the U.S. Archivist's reliance on the executive order to delay release of the papers of former presidents is "arbitrary, capricious, an abuse of discretion and not in accordance with law." The National Security Archive
The National Security Archive is a 501(c)(3) non-governmental, non-profit research and archival institution located on the campus of the George Washington University in Washington, D.C. Founded in 1985 to check rising government secrecy. The Nat ...
at George Washington University
, mottoeng = "God is Our Trust"
, established =
, type = Private federally chartered research university
, academic_affiliations =
, endowment = $2.8 billion (2022)
, preside ...
alleged that the Bush order severely slowed or prevented the release of historic presidential papers.
On June 16, 2008, Kollar-Kotelly ruled that the Office of Administration
In the United States government, the Office of Administration is an entity within the Executive Office of the President tasked with overseeing the general administration of the entire Executive Office.
History
The Office of Administration was fo ...
was not subject to the Freedom of Information Act Freedom of Information Act may refer to the following legislations in different jurisdictions which mandate the national government to disclose certain data to the general public upon request:
* Freedom of Information Act 1982, the Australian act
* ...
, and therefore did not have to release records regarding missing White House e-mails. This was seen as a victory for the Bush Administration in terms of maintaining a tight grip on the flow of information about the executive branch.
On September 20, 2008, Kollar-Kotelly issued a preliminary injunction
An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in par ...
ordering Vice President of the United States
The vice president of the United States (VPOTUS) is the second-highest officer in the executive branch of the U.S. federal government, after the president of the United States, and ranks first in the presidential line of succession. The vice ...
Dick Cheney
Richard Bruce Cheney ( ; born January 30, 1941) is an American politician and businessman who served as the 46th vice president of the United States from 2001 to 2009 under President George W. Bush. He is currently the oldest living former U ...
and the National Archives to preserve all of Cheney's official records.
On March 19, 2009, in response to a joint lawsuit brought by the Brady Campaign to Prevent Gun Violence, the National Parks Conservation Association
The National Parks Conservation Association (NPCA) is the only independent, nonpartisan membership organization devoted exclusively to advocacy on behalf of the National Parks System. Its mission is "to protect and enhance America's National Pa ...
and the Coalition of National Park Service Retirees, Kollar-Kotelly issued a preliminary injunction
An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in par ...
whereby she blocked a rule that would permit visitors to national parks to carry concealed weapons. The change of rule which she blocked had been enacted by the United States Department of the Interior after being supported by 51 members of Congress and passing an extended public comments period. She stated that her decision to block the change of rule was because there was no environmental analysis performed and therefore the Interior Department "ignored (without sufficient explanation) substantial information in the administrative record concerning environmental impacts" of the rule.
Kollar-Kotelly presided over the Espionage Act
The Espionage Act of 1917 is a United States federal law enacted on June 15, 1917, shortly after the United States entered World War I. It has been amended numerous times over the years. It was originally found in Title 50 of the U.S. Code (War ...
case against Dr. Stephen Jin-Woo Kim after he told a reporter that North Korea would test its nuclear program. The case was controversial because it was one of a string of unprecedented uses of the Espionage Act against officials for speaking with journalists .
On March 7, 2016, Kollar-Kotelly denied a requested preliminary injunction against Washington, D.C.'s discretionary issue of concealed carry permits, thereby allowing DC police chief Cathy Lanier
Cathy Lynn Lanier (born July 22, 1967) is a former Chief of the Metropolitan Police Department of the District of Columbia, chief of the Metropolitan Police Department of the District of Columbia (MPDC). Lanier was appointed by Washington, D.C. Ma ...
to continue denying concealed carry permits to law-abiding citizens in most cases. In 2017, Kollar-Kotelly is presiding over ACLU v. Trump and Pence
''American Civil Liberties Union v. Trump and Pence'', No. 1:17-cv-01351 (D.D.C. 2017), is a case pending before the United States District Court for the District of Columbia. The plaintiffs, the watchdog group American Civil Liberties Union (A ...
.
On October 30, 2017, Kollar-Kotelly blocked the enforcement of President Donald Trump
Donald John Trump (born June 14, 1946) is an American politician, media personality, and businessman who served as the 45th president of the United States from 2017 to 2021.
Trump graduated from the Wharton School of the University of Pe ...
's ban on transgender individuals from serving in the military.[https://assets.documentcloud.org/documents/4163521/10-30-17-Doe-v-Trump-Order.pdf ]
References
Sources
*
{{DEFAULTSORT:Kollar-Kotelly, Colleen
1943 births
Living people
20th-century American judges
20th-century American women judges
21st-century American judges
21st-century American women judges
American people of Hungarian descent
Columbus School of Law alumni
Georgetown Visitation Preparatory School alumni
Judges of the United States District Court for the District of Columbia
Judges presiding over Guantanamo habeas petitions
Judges of the Superior Court of the District of Columbia
Judges of the United States Foreign Intelligence Surveillance Court
Lawyers from New York City
United States Department of Justice lawyers
United States district court judges appointed by Bill Clinton