Sidney Allen Fitzwater (born September 22, 1953) is 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 Northern District of Texas The United States District Court for the Northern District of Texas (in case citations, N.D. Tex.) is a United States district court. Its first judge, Andrew Phelps McCormick, was appointed to the court on April 10, 1879. The court convenes in D ...

Dallas Dallas () is the List of municipalities in Texas, third largest city in Texas and the largest city in the Dallas–Fort Worth metroplex, the List of metropolitan statistical areas, fourth-largest metropolitan area in the United States at 7.5 ...

Texas Texas (, ; Spanish language, Spanish: ''Texas'', ''Tejas'') is a state in the South Central United States, South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2 ...

Education and career

Born in

Olney, Maryland Olney is a U.S. census-designated place and an unincorporated area in Montgomery County, Maryland. It is located in the north central part of the county, north of Washington, D.C. Olney was largely agricultural until the 1960s, when growth of ...

, Fitzwater earned his

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 from

Baylor University Baylor University is a private Baptist Christian research university in Waco, Texas. Baylor was chartered in 1845 by the last Congress of the Republic of Texas. Baylor is the oldest continuously operating university in Texas and one of the fir ...

, and his

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

Baylor Law School Baylor Law School is the oldest law school in Texas. Baylor Law School is affiliated with Baylor University and located in Waco, Texas. The school has been accredited by the American Bar Association since 1931 and has been a member of the Associat ...

in 1976, where he was Associate Editor of the ''

Baylor Law Review Baylor Law School is the oldest law school in Texas. Baylor Law School is affiliated with Baylor University and located in Waco, Texas. The school has been accredited by the American Bar Association since 1931 and has been a member of the Associat ...

''. Fitzwater worked in private legal practice in

Houston Houston (; ) is the most populous city in Texas, the most populous city in the Southern United States, the fourth-most populous city in the United States, and the sixth-most populous city in North America, with a population of 2,304,580 in ...

from 1976 until 1978 and in private legal practice in

, Texas from 1978 until 1982. He later served as a state district judge on the 298th Judicial District in Dallas from 1982 to 1986.

Federal judicial service

On January 29, 1986, Fitzwater was nominated 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 ...

to a seat on the

vacated by Judge Robert Madden Hill. Fitzwater's nomination sparked controversy in part because of allegations raised at his confirmation hearing about alleged voter intimidation in

African-American neighborhood African-American neighborhoods or black neighborhoods are types of ethnic enclaves found in many cities in the United States. Generally, an African American neighborhood is one where the majority of the people who live there are African American. ...

s in south Dallas during the unsuccessful 1982 re-election campaign of Texas Governor

Bill Clements William Perry Clements Jr. (April 13, 1917 – May 29, 2011) was an American businessman and Republican Party politician who served two non-consecutive terms as the governor of Texas between 1979 and 1991. His terms bookended the sole ...

. He addressed the allegations at his confirmation hearing by apologizing and by asserting that he was not aware that he was asked to place signs—reading "You Can Be Imprisoned" and giving vague descriptions of campaign violations—only in black neighborhoods in south Dallas. Fitzwater testified that he thought he was participating in an anti-vote-fraud effort, and he noted that he later was dropped from a federal lawsuit by minority groups. Fitzwater also noted that the lawsuit later was dismissed. At his second hearing in February 1986, Fitzwater told the

United States Senate Committee on the Judiciary The United States Senate Committee on the Judiciary, informally the Senate Judiciary Committee, is a standing committee of 22 U.S. senators whose role is to oversee the Department of Justice (DOJ), consider executive and judicial nominations, a ...

that he would not participate in such signposting again. "I had no personal intent, nor was I attempting to intimidate minority voters", Fitzwater told Senator Biden (D-DE). Despite this controversy, the Senate Judiciary Committee voted 10–5 on February 27, 1986, to refer Fitzwater's nomination to the full Senate. 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 ...

confirmed Fitzwater by a 52–42 vote on March 18, 1986. He received his commission on March 19, 1986. At age 32, he was one of the youngest lawyers ever appointed to the federal bench. He served as Chief Judge from 2007 to 2014. He 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 September 22, 2018.

Expired nomination to federal court of appeals

On January 24, 1992, President

George H. W. Bush George Herbert Walker BushSince around 2000, he has been usually called George H. W. Bush, Bush Senior, Bush 41 or Bush the Elder to distinguish him from his eldest son, George W. Bush, who served as the 43rd president from 2001 to 2009; pr ...

nominated Fitzwater to the

United States Court of Appeals for the Fifth Circuit The United States Court of Appeals for the Fifth Circuit (in case citations, 5th Cir.) is a federal court with appellate jurisdiction over the district courts in the following federal judicial districts: * Eastern District of Louisiana * M ...

. However, with the Senate Judiciary Committee controlled by Democrats, Fitzwater's nomination languished, and he never received a hearing before Bush's presidency ended. 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 ...

chose not to renominate Fitzwater to the Fifth Circuit, nominating Fortunato Benavides instead.

Notable cases

Fitzwater presided over the SEC's civil suit against

Mark Cuban Mark Cuban (born July 31, 1958) is an American billionaire entrepreneur, television personality, and media proprietor whose net worth is an estimated $4.8 billion, according to ''Forbes'', and ranked No. 177 on the 2020 ''Forbes'' 400 list ...

for insider trading. Fitzwater granted Cuban's motion to dismiss but the ruling was reversed by the Fifth Circuit.

References

External links