Allyson Kay Duncan
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Allyson Kay Duncan (born September 5, 1951, in
Durham Durham most commonly refers to: *Durham, England, a cathedral city and the county town of County Durham *County Durham, an English county * Durham County, North Carolina, a county in North Carolina, United States *Durham, North Carolina, a city in N ...
,
North Carolina North Carolina () is a state in the Southeastern region of the United States. The state is the 28th largest and 9th-most populous of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, Georgia and ...
) is a former
United States circuit judge In the United States, federal judges are judges who serve on courts established under Article Three of the U.S. Constitution. They include the chief justice and the associate justices of the U.S. Supreme Court, the circuit judges of the U.S. ...
of the
United States Court of Appeals for the Fourth Circuit The United States Court of Appeals for the Fourth Circuit (in case citations, 4th Cir.) is a federal court located in Richmond, Virginia, with appellate jurisdiction over the district courts in the following districts: * District of Maryland ...
. She was the Fourth Circuit's first female
African American African Americans (also referred to as Black Americans and Afro-Americans) are an ethnic group consisting of Americans with partial or total ancestry from sub-Saharan Africa. The term "African American" generally denotes descendants of ens ...
judge.


Background

Duncan 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 year ...
degree from Hampton University in 1972 and a Juris Doctor from
Duke University School of Law Duke University School of Law (Duke Law School or Duke Law) is the law school of Duke University, a private research university in Durham, North Carolina. One of Duke's 10 schools and colleges, the School of Law is a constituent academic unit t ...
in 1975. She was an associate editor at the Lawyers Co-Operative Publishing Company from 1976 to 1977. Duncan then served for one year as a law clerk to Judge
Julia Cooper Mack Julia Cooper Mack (née Perry; July 17, 1920January 17, 2014) was a judge of the District of Columbia Court of Appeals. She was appointed to this position in 1975. She was the first African-American woman ever appointed to a court of last resor ...
of the District of Columbia Court of Appeals from 1977 to 1978. In 1978, Duncan joined the staff of the
Equal Employment Opportunity Commission The U.S. Equal Employment Opportunity Commission (EEOC) is a federal agency that was established via the Civil Rights Act of 1964 to administer and enforce civil rights laws against workplace discrimination. The EEOC investigates discrimination ...
. By the time she left in 1986, she had served in a variety of important posts at the commission: appellate attorney, assistant to the deputy general counsel, assistant to the chairman, acting associate legal counsel, and acting legal counsel. At one point, the then-head of the
EEOC The U.S. Equal Employment Opportunity Commission (EEOC) is a federal agency that was established via the Civil Rights Act of 1964 to administer and enforce civil rights laws against workplace discrimination. The EEOC investigates discrimination ...
,
Clarence Thomas Clarence Thomas (born June 23, 1948) is an American jurist who serves as an associate justice of the Supreme Court of the United States. He was nominated by President George H. W. Bush to succeed Thurgood Marshall and has served since 1 ...
, promoted Duncan as his Chief of Staff over another candidate,
Anita Hill Anita Faye Hill (born July 30, 1956) is an American lawyer, educator and author. She is a professor of social policy, law, and women's studies at Brandeis University and a faculty member of the university's Heller School for Social Policy and ...
. At
North Carolina Central University School of Law The North Carolina Central University School of Law (also known as NCCU School of Law or NCCU Law) is the law school associated with North Carolina Central University. The school is fully accredited by the American Bar Association (ABA) and the ...
, Duncan served as an associate professor from 1986 to 1990, teaching property law, appellate advocacy, and employment discrimination. In 1990, she served briefly on the
North Carolina Court of Appeals The North Carolina Court of Appeals (in case citation, N.C. Ct. App.) is the only intermediate appellate court in the state of North Carolina. It is composed of fifteen members who sit in rotating panels of three. The Court of Appeals was create ...
as an Associate Judge. She was appointed by Governor
James G. Martin James Grubbs Martin (born December 11, 1935) is an American organic chemist and politician who served as the 70th governor of North Carolina from 1985 to 1993. He was the third Republican elected to the office after Reconstruction, and the ...
to replace
Charles Becton Charles L. Becton is an attorney, former judge of the North Carolina Court of Appeals, and former president of the North Carolina Bar Association (the first African-American male to hold that post). In 2012-2013, he was the interim chancellor of N ...
but lost the following election to
James A. Wynn James Andrew Wynn (born March 17, 1954) is an American jurist. He serves as a United States circuit judge of the United States Court of Appeals for the Fourth Circuit and formerly served on both the North Carolina Court of Appeals and the North ...
. Duncan was appointed a Commissioner of the North Carolina Utilities Commission in 1991 and remained in that post until 1998, when she joined the
Raleigh Raleigh (; ) is the capital city of the state of North Carolina and the seat of Wake County in the United States. It is the second-most populous city in North Carolina, after Charlotte. Raleigh is the tenth-most populous city in the Southeas ...
office of Kilpatrick Stockton as a partner. She worked there until her appointment to the federal bench. Duncan became the first African-American president of the North Carolina Bar Association in 2003.


Federal judicial service

Duncan was nominated on April 28, 2003, by President
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 fill a vacancy on the Fourth Circuit created by Judge Samuel J. Ervin III, who died on September 18, 1999. A Republican, Duncan was supported by both Senators
Elizabeth Dole Mary Elizabeth Alexander Hanford Dole (née Hanford; born July 29, 1936)Mary Ella Cathey Hanford, "Asbury and Hanford Families: Newly Discovered Genealogical Information" ''The Historical Trail'' 33 (1996), pp. 44–45, 49. is an American attorn ...
and
John Edwards Johnny Reid Edwards (born June 10, 1953) is an American lawyer and former politician who served as a U.S. senator from North Carolina. He was the Democratic nominee for vice president in 2004 alongside John Kerry, losing to incumbents George ...
, a departure from the trend toward partisan controversy over North Carolina appointments to the Fourth Circuit Court of Appeals.
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 ...
previously had nominated Professor S. Elizabeth Gibson to the seat late in his presidency, but Gibson never received a U.S. Senate Judiciary Committee hearing or vote before his presidency ended. 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 Duncan by a 93–0 vote on July 17, 2003. She received her commission on August 15, 2003. She was the third judge nominated to the Fourth Circuit by Bush and confirmed by the Senate. In May 2018, Duncan announced that she would take
senior status Senior status is a form of semi- retirement for United States federal judges. To qualify, a judge in the federal court system must be at least 65 years old, and the sum of the judge's age and years of service as a federal judge must be at leas ...
, effective upon the confirmation of her successor. In September 2018, 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 P ...
nominated Allison Jones Rushing to replace Duncan on the 4th Circuit Court. Rushing was confirmed by the Senate on March 5, 2019. Duncan assumed senior status on March 21, 2019, and retired on July 31, 2019.


See also

*
List of African-American jurists This list includes individuals self-identified as African Americans who have made prominent contributions to the field of law in the United States, especially as eminent judges or legal scholars. Individuals who may have obtained law degrees or ...
*
List of first women lawyers and judges in North Carolina This is a list of the first women lawyer(s) and judge(s) in North Carolina. It includes the year in which the women were admitted to practice law (in parentheses). Also included are women who achieved other distinctions such as becoming the first ...


References


External links

* {{DEFAULTSORT:Duncan, Allyson K. 1951 births Living people 21st-century American judges African-American judges Duke University School of Law alumni Judges of the United States Court of Appeals for the Fourth Circuit North Carolina Central University faculty North Carolina Court of Appeals judges People from Durham, North Carolina United States court of appeals judges appointed by George W. Bush 21st-century American women judges