William Marsh Acker Jr. (October 25, 1927 – June 21, 2018) was a
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
.
Education and career
Acker was born in
Birmingham
Birmingham ( ) is a city and metropolitan borough in the metropolitan county of West Midlands in England. It is the second-largest city in the United Kingdom with a population of 1.145 million in the city proper, 2.92 million in the West ...
,
Alabama
(We dare defend our rights)
, anthem = "Alabama (state song), Alabama"
, image_map = Alabama in United States.svg
, seat = Montgomery, Alabama, Montgomery
, LargestCity = Huntsville, Alabama, Huntsville
, LargestCounty = Baldwin County, Al ...
and served in the
United States Army
The United States Army (USA) is the land service branch of the United States Armed Forces. It is one of the eight U.S. uniformed services, and is designated as the Army of the United States in the U.S. Constitution.Article II, section 2, cla ...
as a
private first class
Private first class (french: Soldat de 1 classe; es, Soldado de primera) is a military rank held by junior enlisted personnel in a number of armed forces.
French speaking countries
In France and other French speaking countries, the rank (; ) ...
from 1946 to 1947. He received a
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
Birmingham–Southern College
Birmingham–Southern College (BSC) is a private college in Birmingham, Alabama. Founded in 1856, the college is affiliated with the United Methodist Church and is accredited by the Southern Association of Colleges and Schools (SACS). More than 1 ...
in 1949 and a
Bachelor of Laws
Bachelor of Laws ( la, Legum Baccalaureus; LL.B.) is an undergraduate law degree in the United Kingdom and most common law jurisdictions. Bachelor of Laws is also the name of the law degree awarded by universities in the People's Republic of Chi ...
from
Yale Law School
Yale Law School (Yale Law or YLS) is the law school of Yale University, a Private university, private research university in New Haven, Connecticut. It was established in 1824 and has been ranked as the best law school in the United States by ''U ...
in 1952. He was an attorney in private practice in Birmingham for thirty years, from 1952 to 1982.
Federal judicial service
Acker 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 ...
on July 22, 1982, to a seat on the
vacated by Judge
Frank Hampton McFadden. He 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 August 18, 1982, and received his commission the same day. 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 May 31, 1996. He took inactive senior status on September 30, 2016, meaning that while he remained a federal judge, he did not hear cases or participate in the business of the court. He remained in that status until his death on June 21, 2018.
Notable cases
In 2007, Acker recommended that the
United States Attorney
United States attorneys are officials of the U.S. Department of Justice who serve as the chief federal law enforcement officers in each of the 94 U.S. federal judicial districts. Each U.S. attorney serves as the United States' chief federal c ...
charge
Richard Scruggs
Richard F. "Dickie" Scruggs (born May 17, 1946) is an American former naval aviator and disbarred trial lawyer. He is the brother-in-law of former U.S. Senate Majority Leader Trent Lott. Scruggs first came to the public eye after successfully s ...
and the Scruggs Law Firm with criminal contempt for leaking documents in violation of a court order; in 2008, he accused Mississippi Attorney General
Jim Hood
James Matthew Hood (born May 15, 1962) is an American lawyer and politician who served as the 39th Attorney General of Mississippi from 2004 to 2020.
A member of the Democratic Party (United States), Democratic Party, he was first elected in 20 ...
of conspiring with Scruggs to skirt the court order. In 2008, Acker held the
Fair and Accurate Credit Transactions Act
The Fair and Accurate Credit Transactions Act of 2003 (FACT Act or FACTA, ) is a United States federal law, passed by the United States Congress on November 22, 2003, and signed by President George W. Bush on December 4, 2003, as an amendment to t ...
unconstitutional in order to impose disproportionate punitive damages ($65,000) on two women defendants who caused no harm (were whistle-blowers exposing insurance fraud), yet Acker did not fine the men found guilty of the insurance fraud. Acker's decision was overturned in 2009.
[Franke, Ted (April 13, 2009)]
"Grimes v. Raves Motion Pictures FACTA decision reversed"
''Overlawyered''
References
Sources
*
{{DEFAULTSORT:Acker, William Marsh Jr.
1927 births
2018 deaths
Lawyers from Birmingham, Alabama
Military personnel from Birmingham, Alabama
Alabama lawyers
Birmingham–Southern College alumni
Yale Law School alumni
Judges of the United States District Court for the Northern District of Alabama
United States district court judges appointed by Ronald Reagan
20th-century American judges
United States Army soldiers