Barry G. Silverman
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Barry G. Silverman (born October 11, 1951) 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 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 Ninth Circuit The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * District ...
.


Education and early career

Born in
The Bronx The Bronx () is a borough of New York City, coextensive with Bronx County, in the state of New York. It is south of Westchester County; north and east of the New York City borough of Manhattan, across the Harlem River; and north of the New Y ...
,
New York New York most commonly refers to: * New York City, the most populous city in the United States, located in the state of New York * New York (state), a state in the northeastern United States New York may also refer to: Film and television * '' ...
, Silverman attended
Phoenix Phoenix most often refers to: * Phoenix (mythology), a legendary bird from ancient Greek folklore * Phoenix, Arizona, a city in the United States Phoenix may also refer to: Mythology Greek mythological figures * Phoenix (son of Amyntor), a ...
's Central High School in the late 1960s. Silverman is
Jewish Jews ( he, יְהוּדִים, , ) or Jewish people are an ethnoreligious group and nation originating from the Israelites Israelite origins and kingdom: "The first act in the long drama of Jewish history is the age of the Israelites""The ...
. Silverman 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
Arizona State University Arizona State University (Arizona State or ASU) is a public research university in the Phoenix metropolitan area. Founded in 1885 by the 13th Arizona Territorial Legislature, ASU is one of the largest public universities by enrollment in the ...
in 1973 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 the
Sandra Day O'Connor College of Law The Sandra Day O'Connor College of Law (ASU Law) is one of the professional graduate schools at Arizona State University in Phoenix, Arizona. The school is located in the Beus Center for Law and Society on ASU's downtown Phoenix campus. The law ...
at Arizona State University in 1976. Silverman served as assistant city prosecutor for the city of Phoenix from 1976 until 1977 and was the deputy county attorney from 1977 until 1979, being assigned to the courtroom of future
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
Justice
Sandra Day O'Connor Sandra Day O'Connor (born March 26, 1930) is an American retired attorney and politician who served as the first female associate justice of the Supreme Court of the United States from 1981 to 2006. She was both the first woman nominated and th ...
, who at that time was an Arizona jurist. Silverman was a
Maricopa County Maricopa County is in the south-central part of the U.S. state of Arizona. As of the 2020 census, the population was 4,420,568, making it the state's most populous county, and the fourth-most populous in the United States. It contains about 6 ...
superior court commissioner from 1979 until 1984. Then Arizona Governor
Bruce Babbitt The English language name Bruce arrived in Scotland with the Normans, from the place name Brix, Manche in Normandy, France, meaning "the willowlands". Initially promulgated via the descendants of king Robert the Bruce (1274−1329), it has been a ...
appointed Silverman a state superior court judge in 1984. In 1995, Silverman was appointed a
United States magistrate judge In United States federal courts, magistrate judges are judges appointed to assist U.S. district court judges in the performance of their duties. Magistrate judges generally oversee first appearances of criminal defendants, set bail, and conduct ...
in Phoenix.


Federal judicial service

Silverman 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 November 8, 1997, to a seat on the
United States Court of Appeals for the Ninth Circuit The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * District ...
vacated by Judge
William Canby William Cameron Canby Jr. (born May 22, 1931) is a Senior United States circuit judge of the United States Court of Appeals for the Ninth Circuit, sitting in Phoenix, Arizona. As both a professor at Arizona State University College of Law and ...
. Silverman's nomination enjoyed bipartisan support, with backing from Republican Senator
Jon Kyl Jon Llewellyn Kyl ( ; born April 25, 1942) is an American politician and lobbyist who served as a United States Senator for Arizona from 1995 to 2013 and again in 2018. A Republican, he held both of Arizona's Senate seats at different times, ser ...
, a key member of the Senate Judiciary Committee. Silverman's nomination was sent by the Senate Judiciary Committee to the floor of the Senate on November 13, 1997. The Senate confirmed Silverman by a voice vote on January 28, 1998. He received his commission on February 4, 1998. After Silverman's confirmation, he told the ''
Jewish News of Greater Phoenix ''Jewish News of Greater Phoenix'' is an independent weekly Jewish newspaper published in Phoenix, Arizona. The newspaper reports on local, national, and international stories of interest to the Jewish community in metropolitan Phoenix. History ...
'' in an article that appeared on February 6, 1998 that he was "really grateful" to President Clinton, Senator
John McCain John Sidney McCain III (August 29, 1936 – August 25, 2018) was an American politician and United States Navy officer who served as a United States senator from Arizona from 1987 until his death in 2018. He previously served two terms ...
, Senator
Jon Kyl Jon Llewellyn Kyl ( ; born April 25, 1942) is an American politician and lobbyist who served as a United States Senator for Arizona from 1995 to 2013 and again in 2018. A Republican, he held both of Arizona's Senate seats at different times, ser ...
and Representative
Ed Pastor Edward Lopez Pastor (; June 28, 1943 – November 27, 2018) was an American politician who served as a member of the United States House of Representatives from Arizona from 1991 to 2015. A member of the Democratic Party, he represented Arizona ...
for their help and support in securing his confirmation. "I am going to try to live up to their confidence," he told the paper. In an article in the East Valley Tribune that ran on August 31, 2007, Silverman explained the support for him by two Republican senators by noting that he must have been a "registered Democrat that Republicans would be able to stomach. It just sort of fell in my lap, really." 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 October 11, 2016 on his sixty-fifth birthday.


Significant rulings

Since joining the Ninth Circuit, Silverman probably has become most known for writing the dissenting opinion for the 2-1 ruling in May 2002 that overturned a Sacramento federal district court's decision barring male prisoners the constitutional right to procreate and mail their sperm from jail. As the lone dissenting member of that earlier three-judge panel, Silverman famously wrote in September 2001 that the ruling would permit prisoners "to procreate from prison via FedEx," according to a September 6, 2001 article in the Los Angeles Times. Additionally, Silverman wrote the opinion for the 3-judge panel in Ides v. The Boeing Company, pertaining to the "whistleblower provision of the Sarbanes–Oxley Act, 18 U.S.C. § 1514A(a)(1)" ruling against the employees, that employee leaks to the media are not protected under the provisions of the law.


See also

*
List of Jewish American jurists This is a list of notable Jewish American jurists. For other famous Jewish Americans, see Lists of American Jews. Supreme Court of the United States Federal judges Appellate judges * Robert E. Bacharach, Judge of the United States Court of ...


References


External links

* {{DEFAULTSORT:Silverman, Barry G. 1951 births Arizona State University alumni Judges of the United States Court of Appeals for the Ninth Circuit Living people Lawyers from New York City Sandra Day O'Connor College of Law alumni Superior court judges in the United States United States court of appeals judges appointed by Bill Clinton United States magistrate judges 20th-century American Jews 20th-century American judges 21st-century American Jews 21st-century American judges