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Peter T. Fay

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Peter T. Fay
Senior Judge of the United States Court of Appeals for the Eleventh Circuit
In office
January 19, 1994 – January 31, 2021
Judge of the United States Court of Appeals for the Eleventh Circuit
In office
October 1, 1981 – January 19, 1994
Appointed byoperation of law
Preceded bySeat established by 94 Stat. 1994
Succeeded byStanley Marcus
Judge of the United States Court of Appeals for the Fifth Circuit
In office
September 21, 1976 – October 1, 1981
Appointed byGerald Ford
Preceded byDavid W. Dyer
Succeeded bySeat abolished
Judge of the United States District Court for the Southern District of Florida
In office
October 16, 1970 – October 8, 1976
Appointed byRichard Nixon
Preceded bySeat established by 84 Stat. 294
Succeeded byWilliam Hoeveler
Personal details
Born
Peter Thorp Fay

(1929-01-18)January 18, 1929
Rochester, New York
DiedJanuary 31, 2021(2021-01-31) (aged 92)
Miami, Florida
Cause of deathNatural Causes
EducationRollins College (BA)
Fredric G. Levin College of Law (JD)

Peter Thorp Fay (January 18, 1929 – January 31, 2021) was a United States circuit judge of the United States Court of Appeals for the Eleventh Circuit. He was previously a United States district judge of the United States District Court for the Southern District of Florida.[1] At the time of his death, he was one of 26 federal judges to have served for fifty years.

Early life and career

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Fay was born in Rochester, New York, on January 18, 1929.[citation needed] He received his Bachelor of Arts degree in 1951 from Rollins College. He served in the United States Air Force as a lieutenant from 1951 to 1953, before attending the Fredric G. Levin College of Law at the University of Florida, where he received his Juris Doctor in 1956. Fay was in private practice in Miami, Florida from 1956 to 1970. Fay practiced at Patton & Kanner in 1956, Nichols, Gaither, Green, Frates & Beckham from 1956 to 1961, and Frates, Fay, Floyd & Pearson from 1961 to 1970.[2]

Federal judicial service

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Fay was nominated by Richard Nixon to the United States District Court for the Southern District of Florida on October 7, 1970, to a new seat created by 84 Stat. 294. He was confirmed by the United States Senate on October 13, 1970, and received his commission three days later.[3] Fay delivered an address to the Conference of Chief Justices in August 1973. He discussed state–federal issues, specifically the proposal of having state and federal judges sitting together on a case in order to save time and judicial resources.[4] Fay's service terminated on October 8, 1976, due to elevation to the Fifth Circuit.[3]

Fay was nominated by Gerald Ford to the United States Court of Appeals for the Fifth Circuit on June 11, 1976, to the seat vacated by Judge David W. Dyer. He was confirmed by the Senate on September 17, 1976, and received his commission four days later. Fay was reassigned to the United States Court of Appeals for the Eleventh Circuit, to a new seat authorized by 94 Stat. 1994, on October 1, 1981, by operation of law. He assumed senior status on January 19, 1994.[3]

Paul Huck, a fellow judge, recounted how Fay employed "generous wording" in his opinions. This was the case even when he overturned the ruling of a judge from a lower court. Fay also had the "unique ability" of making lawyers content with his judgments, even if they were on the losing side.[5]

The New York Times reported in February 2015 that potential Republican Party 2016 presidential candidate Jeb Bush lobbied his father, George H. W. Bush, to appoint Fay to the Supreme Court of the United States. The younger Bush did this in a letter sent on August 7, 1989.[6]

Later life

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Even after becoming a senior judge, Fay expressed his intention not to retire.[5] St. Thomas University School of Law announced in February 2019 that the school was to be renamed in his honor.[7] Several months before his death, he became only the 26th federal judge to serve fifty years in that capacity.[5] The Eleventh Circuit wrote a feature covering Fay in celebration of the milestone. It stated, "Few judges have served our country for so long and in such an honorable and distinguished manner. Judge Fay continues to perform substantial work for the Court of Appeals and the citizens of the Eleventh Circuit."[5]

Personal life

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Fay was married to his wife, Pat, for 62 years until his death. They adopted three children from the Catholic Charities Adoption Services.[5] He was talented in sports, and was inducted into the Rollins College Sports Hall of Fame for water skiing, basketball, and football in 1977.[5][8]

Fay died on January 31, 2021, in South Miami-Dade, at the age of 92.[5][9]

See also

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References

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  1. ^ United States. Administrative Office of the United States Courts (1980). Justices and Judges of the United States Courts. Vol. 2. The Office. Retrieved August 20, 2015.
  2. ^ "Biographies of Federal Court Judges Sitting in Florida" (PDF). lawdiary.com. Retrieved August 20, 2015.
  3. ^ a b c Peter Thorp Fay at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.
  4. ^ "The Third Branch". Vol. 3, no. 12. Federal Judicial Center. 1970. p. 3. {{cite magazine}}: Cite magazine requires |magazine= (help)
  5. ^ a b c d e f g Madan, Monique O. (February 1, 2021). "'Not even hospice could stop him.' Legendary federal judge Peter Fay dies at 92". Miami Herald. Retrieved February 1, 2021.
  6. ^ Wilson Andrews and Alicia Parlapiano (February 14, 2015). "Jeb Bush's Letters". The New York Times. Retrieved February 15, 2015.
  7. ^ Jackson, Dylan (February 21, 2019). "St. Thomas Law School Renamed for US Court of Appeals Judge Peter Fay". Law.com. ALM. Retrieved February 2, 2021. (subscription required)
  8. ^ "Peter Fay (1977)". Rollins College. Retrieved February 2, 2021.
  9. ^ "In Memoriam - Honorable Peter T. Fay" (PDF). United States Court of Appeals for the Eleventh Circuit. Retrieved February 1, 2021.
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Legal offices
Preceded by
Seat established by 84 Stat. 294
 Judge of the United States District Court for the Southern District of Florida
1970–1976 		Succeeded by
Preceded by Judge of the United States Court of Appeals for the Fifth Circuit
1976–1981 		Succeeded by
Seat abolished
Preceded by
Seat established by 94 Stat. 1994
 Judge of the United States Court of Appeals for the Eleventh Circuit
1981–1994 		Succeeded by
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