H. Lee Sarokin - Nomination To The Third Circuit and Work On The Third Circuit

Nomination To The Third Circuit and Work On The Third Circuit

On May 5, 1994, President Clinton nominated Sarokin to a newly created seat on the U.S. Court of Appeals for the Third Circuit.

On October 4, 1994, the U.S. Senate voted 63-35 to confirm Sarokin to the seat on the Third Circuit.

In early 1996, Sarokin sought to retire and assume senior status, which means a reduced caseload. As part of shifting to senior status, Sarokin asked to move his chambers from New Jersey to California to be closer to his children. On April 24, 1996, an 11-member council of the Third Circuit denied Sarokin's request, citing federal guidelines relating to judicial office space.

In a speech in April 1996, presidential candidate Bob Dole cited Sarokin as one of six federal appellate and district judges that Clinton had appointed to the federal courts that Dole had deemed to be liberal activist judges. The others were Harold Baer, Jr., Rosemary Barkett, M. Blane Michael, Leonie Brinkema and Raymond A. Jackson.

On June 5, 1996, Sarokin announced that he would resign outright from the Third Circuit, effective July 31, 1996. Sarokin cited his fear that his opinions from the bench might be used politically. "It is apparent that there are those who have decided to 'Willie Hortonize' the Federal judiciary, and that I am to be one of their prime targets," he wrote in a letter to President Clinton. "In the current political campaign, enforcement of constitutional rights is equated with being soft on crime and indeed, even causing it."

In a separate letter to colleagues, Sarokin denied that his decision to retire had had anything to do with the court's decision not to allow him to move his chambers to California.

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