Marvin Aspen

Marvin E. Aspen (born July 11, 1934) is a senior United States district judge of the United States District Court for the Northern District of Illinois.

Education and career

Born in Chicago, Illinois, Judge Aspen received a Bachelor of Science degree from Northwestern University in 1956 and a Juris Doctor from Northwestern University Pritzker School of Law in 1958.

He was a law clerk in the Court of Claims Section of the United States Department of Justice in Washington, D.C. in 1958. He was in the Illinois National Guard from 1958 to 1960, and was an Air Force Reserve Command Airman from 1960 to 1964. He was also in private practice as an attorney in Chicago from 1958 to 1959, and in 1971, serving in the interim as an assistant state attorney of Cook County, Illinois from 1960 to 1963, and as an assistant corporation counsel for the City of Chicago from 1963 to 1971, where he was Head of the Appeals and Review Division.

He was appointed to the Circuit Court of Cook County, Illinois, for an interim position on September 16, 1971, and on November 4, 1974, was elected to a full term. He served five years in the Criminal Division and three years in the Civil Law-Jury Division. As a state trial judge, Judge Aspen chaired the Recent Developments in Criminal Law, Evidence, and New Judges Committees of the Illinois Judicial Conference.

As an Assistant State’s Attorney, Judge Aspen was assigned to the Appeals Division in the State’s Attorney’s Office where he argued over 100 criminal appeals before the Illinois Supreme Court.

The cases Judge Aspen handled as an Assistant Corporation Counsel for the City of Chicago included ''Shakman v. Democratic Organization of Cook County'', No. 69-cv-2145 (N.D. Ill.), a case that Judge Aspen handled at its outset until he left the City shortly thereafter to enter into private practice. ''Shakman'' involved allegations that the City, County, and Democratic Party conspired to perpetuate party loyalty, monetary contributions, and other forms of patronage as a condition of obtaining City and County employment.  These actions allegedly excluded ordinary citizens without political connections from working for the City or County. Judge Aspen also represented Mayor Daley’s third-party testimony in the Chicago Seven Trial.

For more than three decades, Judge Aspen has taught courses in evidence, criminal law, trial technique, and municipal law at Northwestern University School of Law. In 1992, he was named the Edward Avery Harriman Adjunct Professor of Law by Northwestern University School of Law. He has lectured at university, United States government, and other legal education programs. Subjects have included judicial management, continuing legal education, and complex litigation. He has planned and participated in legal seminars at Harvard University, Emory University, University of Florida, University of Mississippi, Oxford University (England), University of Bologna (Italy), Nuremberg University (Germany), University of Cairo (Egypt), University of Zimbabwe, University of Malta, University of the Philippines, and the University of Madrid (Spain). He has served as Chair of the Advisory Board of the Institute of Criminal Justice of the John Marshall Law School and as a member of the Georgetown University Law Center Project on Plea Bargaining in the United States. Judge Aspen also has been a frequent faculty member of the National College of the State Judiciary, University of Nevada (Reno) and the National Institute for Trial Advocacy (Colorado). Judge Aspen has served on a special faculty (composed of British and American lawyers and judges) for the NITA Advanced Trial Advocacy Program, which introduces British trial techniques to experienced American Litigators. Judge Aspen has also served on a special faculty (composed of Scottish and American lawyers and judges) for an American Bar Association program, which is designed to acquaint Scottish lawyers with modern litigation and technology.

Aspen has written extensively on numerous legal subjects. His publications include five books and more than two dozen articles.

Federal judicial service

On April 30, 1979, Judge Aspen was nominated by President Jimmy Carter to a new seat on the United States District Court for the Northern District of Illinois created by 92 Stat. 1629. He was unanimously confirmed by the United States Senate on July 23, 1979, and received his commission on July 24, 1979. He served as Chief Judge from 1995 to 2002, assuming senior status on July 1, 2002.

Aspen served as Chairman of the Seventh Circuit’s Committee on Civility in the Legal Profession from 1989 to 1992. The Committee compiled and analyzed over 1,500 survey responses on civility submitted by both lawyers and judges.  In June 1992, the Committee authored a “Final Report of the Committee on Civility of the Seventh Federal Judicial Circuit” to address the decline of civility standards in the litigation practice. The Committee’s report observed a transgression in the legal occupation from one that was once widely perceived as congenial relationships to one of abrasive confrontations.  The committee report included a number of recommendations: (1) adopting the Standards for Professional Conduct that outlined lawyers’ duties to other counsel and the court, courts’ duties to lawyers, and judges’ duties to each other; (2) providing a copy of the Standards for Professional Conduct to each lawyer admitted to practice in any court within the Seventh Circuit and requiring each lawyer to certify that he or she has read and will abide by the Standards; (3) implementing civility training at public law officers, private law firms, corporations with in-house counsel, and federal judicial workshops; (4) participating in or establishing civility, professionalism or mentoring program; and (5) encouraging law schools to incorporate the Standards of Professional Conduct into their curricula.

Aspen led the effort to create the Trial Bar Program. He served as a member of the U.S. Judicial Conference’s Trial Bar Implementation Committee and helped create the Trial Bar Program in the United States District Court for the Northern District of Illinois. The Northern District of Illinois adopted a Trial Bar in 1982. This requires attorneys to belong to the Trial Bar before appearing alone on behalf of a defendant in a criminal proceeding or during testimonial proceedings in a civil case. Non-members of the trial bar may appear in these matters only if accompanied by advising members of the trial bar. Trial Bar membership includes a duty to handle pro bono assignments from the Court.

Aspen has held judicial seats by designation in courts throughout the country, including the Seventh Circuit Court of Appeals, District of Hawaii, District of Arizona, Southern District of New York, Middle District of Tennessee, and Middle District of Florida.

Notable cases

Gautreaux v. Chicago Housing Authority

The ACLU-initiated 1966 class action lawsuit '' Dorothy Gautreaux v. Chicago Housing Authority'' (CHA) alleged that the CHA engaged in racial discrimination in public housing policy, as prohibited by the Civil Rights Act of 1964. The lawsuit alleged that the CHA built public housing solely in areas with high concentrations of poor minorities, in violation of the federal Department of Housing and Urban Development (HUD) guidelines and the Civil Rights Act. The goal of the lawsuit was to begin building public housing in predominantly white neighborhoods.

HUD entered as a party to the lawsuit, and the case went to the U.S. Supreme Court in 1976 as '' Hills v. Gautreaux'' (425 U.S. 284).

On January 23, 2019, Judge Aspen signed an order approving a settlement agreement between the plaintiffs and the CHA. The signed settlement agreement lifts 53 years of court-ordered oversight of the CHA. Under the settlement agreement, the CHA is obliged to, among other things, develop housing for low-income families in mixed-income communities.  If the CHA timely performs its obligations under the settlement agreement, the case will come to an end by July 31, 2024.

El Rukn Street Gang

In 1991, Judge Aspen presided over the trial of six leaders and a financer of the El Rukn street gang. The jury convicted all seven defendants on a variety of serious federal charges that included murder conspiracy, narcotics conspiracy, and other racketeering charges. In June 1992, Judge Aspen sentenced five of the defendants to life in prison and the other two defendants to fifty years.  Then on September 20, 1993, Judge Aspen ordered a new trial because the government had knowingly used witnesses’ perjured testimony to convict the defendants and failed to disclose that cooperating witnesses received benefits from the government, a fact that the defendants could have used to impeach the government’s witnesses.  In so holding, Judge Aspen wrote “This is the most painful decision that this court has ever been obliged to render, making the crafting of this opinion a sad and difficult undertaking.”

Johnny Lira

Judge Aspen presided over a burglary case involving former Chicago boxer Johnny Lira. Judge Aspen is credited with giving Lira a compassionate criminal sentence that allowed Lira to continue his boxing career. Instead of full prison time, Judge Aspen periodically released Lira so he could continue his training on the condition that he stay out of trouble and, when incarcerated, teach other inmates recreational boxing. Lira went on to become a Golden Gloves champion and the United States Boxing Association’s lightweight champion.

Michael Jackson Copyright Infringement Lawsuit

Judge Aspen presided over ''Sanford v. CBS, Inc.'', where the plaintiff, Fred Sanford, accused Michael Jackson of stealing the song Jackson dubbed “The Girl Is Mine.”  Jackson testified in Judge Aspen’s courtroom to defend against the copyright infringement accusations.  During Jackson’s testimony, he sang, clapped, and drummed the witness stand.

Professional Air Traffic Controllers Organization Labor Dispute

The Professional Air Traffic Controllers Organization or PATCO was a United States trade union that operated from 1968 until its decertification in 1981 following an illegal strike that was broken by the Reagan Administration.  Judge Aspen presided over the key labor dispute where the government moved to restrain picketing activities of striking air traffic controllers.  Judge Aspen held that PATCO’s strike was unlawful but declined to imprison PATCO’s leadership.

Chicago Alderman Roti RICO Trial

Fred Roti was a Chicago Alderman from 1968-1991 who was indicted in 1990 for RICO conspiracy, bribery and extortion for fixing criminal cases in the Circuit Court of Cook County, including murder cases involving organized crime members or associates. On January 15, 1993, Roti was convicted on 11 counts, including two out of three "fixing" charges: taking $10,000 for influencing a civil court case and $7,500 to support a routine zoning change. But he was acquitted of the most serious allegation, sharing $72,500 for fixing a Chinatown murder trial in 1981. Roti was sentenced to 48 months' imprisonment followed by a six-month work release program.  At Roti’s sentencing, Judge Aspen commented that “there is a bigger victim, and that’s the whole democratic process. When you have the courts of law that are fixed, when you have a city government that is fixed, you are attacking the core of democracy. You’re saying that this democracy…is the same as any other corrupt regime.”

Other Notable Cases

Judge Aspen presided over ''In re: Ameriquest Mortgage Co. Mortgage Lending Practices'', MDL No. 1715, No. 05-cv-7097 (N.D. Ill. 2005).  There, Judge Aspen adjudicated a large-scale mortgage fraud case related to the 2000s housing bubble.

In ''U.S. v. Board of Education of City of Chicago'', No. 80-cv-5124, 621 F. Supp. 1296 (N.D. Ill. 1985), a school desegregation case, Judge Aspen held that the government violated a consent decree that obliged Chicago Public Schools to desegregate.

In ''U.S. v. John Laurie'' (N.D. Ill. 1984), Judge Aspen presided over an Operation Greylord case against a former state court judge.  In that case, the Scott Turow, author, was the AUSA and former US Attorney Tony Valukas defended Laurie.

Judge Aspen also presided over the first litigation arising from former Chicago Police Officer John Burge’s conduct in ''Hobley v. Burge'', No. 03-cv-3678 (N.D. Ill. 2003).

In ''In re: Aimster Copyright Litigation'', MDL No. 1425, No. 01-cv-8933, 252 F. Supp. 2d 634 (N.D. Ill. 2002), Judge Aspen granted a preliminary injunction for plaintiffs (record companies, songwriters, and music publishers) that shut down Defendant’s music sharing business.

Judge Aspen granted an injunction that prevented Loyola University from creating a 20 acre lakefill on its Lake Shore campus in ''Lake Michigan Federation v. U.S. Army Corps of Engineers'', No. 90-cv-2809, 742 F. Supp. 441 (N.D. Ill. 1990).

Judge Aspen enjoined construction of on-ramps to Lake Shore Drive in Lincoln Park in ''Friends of the Parks v. Dole'', 87-cv-7991, 1987 WL 18918 (N.D. Ill. 1987).

In ''U.S. v. Mario Lloyd'', No. 89-cr-427 (N.D. Ill. 1990), Judge Aspen adjudicated the criminal trial involving an infamous family drug ring.

Civic Engagement

Federal Judicial Center

Judge Aspen is a past member of the Board of the Federal Judicial Center. He has served as a member of the United States Judicial Conference and the Conference’s Committees on the Administration of the Bankruptcy System, Trial Bar Implementation, and Foreign Court Relationship.

Committee on Civility

He served as Chair of the Committee on Civility of the Seventh Federal Judicial Circuit. This Committee promulgated civility standards that were subsequently adopted by the Seventh Circuit, and by courts and bar associations nationwide.

American Bar Association

Judge Aspen is a past member of the American Bar Association’s Board of Governors. He served as a member of the ABA Journal Board and of the House of Delegates. Judge Aspen is President of the American Bar Association Museum and a member of the Board of the American Bar Foundation. He has served as member of the Councils of both the Section of Litigation and the Section of Criminal Justice, and as Chair of the Section of Criminal Justice Committee Rules of Criminal Procedure. He was a member of the Editorial Board of the Section of Criminal Justice Magazine, Criminal Justice. He is past Co-Chair of the Liaison with the Judiciary Committee of the Section of Litigation. He has served as a member of the Jury Comprehension Study Committee of the Section of Litigation and has participated in Section programs throughout the country.

Judge Aspen helped establish the Judicial Intern Opportunity Program (“JIOP”) with the American Bar Association in response to a study that observed only 15% of all judicial clerkships were held by minorities—even though minorities then made up 30% of the population. JIOP’s mission is to provide opportunities to students who are members of racial and ethnic groups that are traditionally underrepresented in the profession, students with disabilities, students with economic disadvantages, and students who identify themselves as LGBT, and women. In JIOP’s first 20 years, it yielded internships for more than 2,800 diverse students throughout the country. Judge Aspen serves as an Honorary National Co-chair of JIOP.

Chicago Bar Association

Judge Aspen has served as a member of the Board of Managers of the Chicago Bar Association, as Chair of the Criminal Law Committee, and as a member of the Board of Editors of the Chicago Bar Record. He has been a member of the Chicago Bar Association's Special Commission on Criminal Justice, Committee on Continuing Legal Education, and Committee on Development of Law.

Illinois State Bar Association

Judge Aspen has served on the Public Relations, Corrections, Fair Trial/Free Press and Criminal Law Committees.

American Inns of Court

Judge Aspen was a founding member of the Board of Trustees of the American Inns of Court Foundation. He is also a past president of the Northwestern University School of Law American Inns of Court Chapter.

Other Activities

Judge Aspen was a draftsman for and a member of the Illinois Supreme Court Committee to Revise the Illinois Criminal Code of 1961, Chair of the Associate Rules Committee of the Illinois Supreme Court, Chair of the Illinois Supreme Court Committee on Ordinance Violation Problems, and Vice-Chair of the Illinois Supreme Court Committee on Pattern Jury Instructions in Criminal Cases.

Judge Aspen was a member of the Federal Bar Examination Committee of the National Conference of Bar Examiners. He served on the Governor's Advisory Commission on Criminal Justice. Judge Aspen has been a member of the Cook County Board of Corrections and the Board of the John Howard Association.

Judge Aspen is past president of the Northwestern University School of Law Alumni Association. He has served as a member of the Visiting Committee of the University of Chicago Law School and the Northwestern University School of Law, and was a member of the Visiting Committee of the Northern Illinois University School of Law. He chaired the Advisory Committee for Short Courses (Post Law School Educational Program) at Northwestern University School of Law.

Recognition

In a 1988 survey of Chicago litigators, the ''Chicago Lawyer'' magazine gave Judge Aspen the highest rating of any United States District Judge of the Northern District of Illinois. The ''Chicago Lawyer'' named Judge Aspen its 1995 Person of the Year.

Judge Aspen is a recipient of the Center For Public Resources Award for Significant Practical Achievement for Excellence and Innovation for Alternative Dispute Resolutions and Dispute Management. He has received the Northwestern University Alumni Association Award of Merit and an award from the National Center for Freedom of Information Studies (Society of Professional Journalists).

Northwestern University School of Law’s Aspen Hall is named after Judge Aspen.

See also

* List of Jewish American jurists
* List of United States federal judges by longevity of service

References

External links

*

{{DEFAULTSORT:Aspen, Marvin
1934 births
Living people
Northwestern University Pritzker School of Law alumni
Illinois state court judges
Judges of the United States District Court for the Northern District of Illinois
United States district court judges appointed by Jimmy Carter
20th-century American judges
United States Air Force airmen
United States Air Force reservists
Northwestern University Pritzker School of Law faculty
21st-century American judges