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William H. Timbers

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William H. Timbers
Senior Judge of the United States Court of Appeals for the Second Circuit
In office
July 10, 1981 – November 26, 1994
Judge of the United States Court of Appeals for the Second Circuit
In office
July 29, 1971 – July 10, 1981
Appointed byRichard Nixon
Preceded byRobert P. Anderson
Succeeded byGeorge C. Pratt
Chief Judge of the United States District Court for the District of Connecticut
In office
1964–1971
Preceded byRobert P. Anderson
Succeeded byMosher Joseph Blumenfeld
Judge of the United States District Court for the District of Connecticut
In office
September 2, 1960 – August 6, 1971
Appointed byDwight D. Eisenhower
Preceded byJ. Joseph Smith
Succeeded byJon O. Newman
Personal details
Born
William Homer Timbers

(1915-09-05)September 5, 1915
Yonkers, New York
DiedNovember 26, 1994(1994-11-26) (aged 79)
Suffield, Connecticut
Residence(s)Darien, Connecticut
EducationDartmouth College (AB)
Yale Law School (LLB)

William Homer Timbers (September 5, 1915 – November 26, 1994) was a United States circuit judge of the United States Court of Appeals for the Second Circuit and previously was a United States district judge of the United States District Court for the District of Connecticut. In addition to his legal and judicial career, Timbers was known as dog enthusiast who served a term as chairman of the board of the American Kennel Club.

Education and career

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Timbers was born on September 5, 1915, in Yonkers, New York.[1] He grew up in Glen Ridge, New Jersey.[2] Timbers received his Artium Baccalaureus degree from Dartmouth College magna cum laude and Phi Beta Kappa in 1937.[1] He was selected as a Rhodes Scholar.[3] Timbers received his Bachelor of Laws from Yale Law School in 1940.[1][3] Timbers was in private practice in New York City from 1940 to 1948 at the law firm of Davis, Polk, Wardwell, Sutherland & Kiendl.[1][2][4] Timbers then practiced in Stamford, Connecticut from 1948 to 1953 as a partner of Cummings & Lockwood.[1][2] From 1953 to 1956, Timbers served as general counsel of the Securities and Exchange Commission.[1] In 1956, Timbers returned to New York City and became a partner at the law firm of Skadden, Arps, Slate & Timbers (now Skadden, Arps, Slate, Meagher & Flom).[1][5] Timbers remained there until joining the federal bench in 1960.[1] Timbers served as chairman of the Republican Town Committee in Darien, Connecticut, and was a delegate at the 1956 Republican National Convention in San Francisco, California.[4] Timbers also served as a member of the Darien Board of Finance.[4]

Federal judicial service

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Timbers was nominated to United States District Court for the District of Connecticut on August 27, 1959, but received no vote in the United States Senate.[1]

Timbers was nominated by President Dwight D. Eisenhower on January 11, 1960, to a seat on the United States District Court for the District of Connecticut vacated by Judge J. Joseph Smith. He was confirmed by the United States Senate on September 1, 1960, and received his commission on September 2, 1960. He served as Chief Judge from 1964 to 1971. His service terminated on August 6, 1971, due to his elevation to the Second Circuit.[1]

Timbers was nominated by President Richard Nixon on May 13, 1971, to a seat on the United States Court of Appeals for the Second Circuit vacated by Judge Robert P. Anderson. He was confirmed by the Senate on July 29, 1971, and received his commission on July 29, 1971. He assumed senior status on July 10, 1981. He took inactive senior status in the summer of 1993. His service terminated on November 26, 1994, due to his death.[1][6][2]

Notable cases

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In 1967, Timbers struck down the Lindbergh kidnapping law as an unconstitutional infringement of the right to trial by jury because under the statute a defendant was more likely to be sentenced to death sentence if he opted for a jury trial (rather than a bench trial or a guilty plea).[2]

In 1990, Timbers joined in a majority opinion (written by Judge Frank Altimari, with Judge Thomas J. Meskill concurring in part and dissenting in part) holding that the New York City Subway system could bar panhandlers. The court found that begging was not expressive conduct protected by the First Amendment.[2][7]

In 1992, Timbers wrote a majority opinion that upheld, by a 2–1 vote, a district court ruling that blocked the extradition of former Irish Republican Army (IRA) member Peter McMullen to Britain, on the ground that the 1986 Supplementary Extradition Treaty between the United States and Britain unlawfully singled out McMullen and two other men for punishment.[2][8]

In 1986, Timbers dissented from the court's 2-1 decision (the majority being written by Judge Jon O. Newman) striking down the Bail Reform Act of 1984, which allowed preventive pretrial detention, on Fifth Amendment and Eighth Amendment grounds. Timbers wrote that Congress had approved pretrial detention in cases where it provided "needed protection" against "those defendants found to constitute a danger to the community."[9]

Nomination of Meskill to the Second Circuit

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Timbers, along with Senator Lowell Weicker, supported the nomination of Connecticut governor Thomas J. Meskill to the Second Circuit despite opposition from the American Bar Association's Standing Committee on the Federal Judiciary. Timbers wrote a letter in support of Meskill to President Gerald Ford.[10]

Other activities

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Timbers bred, raised, and exhibited Norwegian elkhounds.[4][11] He was an enthusiast of the breed from 1958 onward.[3] He served as president of the Ox Ridge Club and the Norwegian Elkhound Association of America.[3] Timbers was also active in the American Kennel Club; he served as chairman of the AKC New York Trial Board (1965–68) and was for fourteen years as a director of the AKC before becoming chairman of the AKC board in 1982.[11]

Timbers was an elder and trustee of the Noroton Presbyterian Church in Darien.[4]

Death

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Timbers lived in Darien, Connecticut.[4][6] He died on November 26, 1994, in Suffield, Connecticut, at the age of 79, from kidney failure.[1][2][4] He was survived by his wife Charlotte MacLachlan Timbers and four children.[2][4]

Notes

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  1. ^ a b c d e f g h i j k l William H. Timbers, Biographical Directory of Federal Judges (Federal Judicial Center).
  2. ^ a b c d e f g h i Eric Pace, William H. Timbers, 79, Judge on Federal Court of Appeals, New York Times (November 29, 1994).
  3. ^ a b c d Walter R. Fletcher, Dog-Loving Judge Leads Kennel Club, New York Times (April 4, 1982).
  4. ^ a b c d e f g h William Homer Timbers, 79, Longtime Judge, Hartford Courant (November 29, 1994).
  5. ^ Lincoln Caplan, Skadden: Power, Money, and the Rise of a Legal Empire (Macmillan, 1994).
  6. ^ a b Arnold H. Lubasch, Judge Timbers Leaving U.S. Appeals Court Post, New York Times (July 17, 1981).
  7. ^ Excerpts From Ruling On Begging in Subway, New York Times (May 11, 1990).
  8. ^ Ronald Sullivan, U.S. Court Blocks I.R.A. Extradition, New York Times (January 13, 1992).
  9. ^ Michael Norman, Appeals Court Strikes Down U.S. Pretrial Detention Law, New York Times (May 3, 1986).
  10. ^ Sheldon Goldman, Picking Federal Judges: Lower Court Selection from Roosevelt Through Reagan (Yale University Press, 1999), p. 216.
  11. ^ a b Dogs: The First 125 Years of the American Kennel Club (American Kennel Club, 2012).
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Legal offices
Preceded by Judge of the United States District Court for the District of Connecticut
1960–1971 		Succeeded by
Preceded by Chief Judge of the United States District Court for the District of Connecticut
1964–1971 		Succeeded by
Judge of the United States Court of Appeals for the Second Circuit
1971–1994 		Succeeded by
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