James C. Dever III
Official Portrait of Judge James C. Dever III
Chief Judge of the United States District Court for the Eastern District of North Carolina
In office
October 8, 2011 – October 8, 2018
Preceded byLouise W. Flanagan
Succeeded byTerrence Boyle
Judge of the United States District Court for the Eastern District of North Carolina
Assumed office
May 2, 2005
Appointed byGeorge W. Bush
Preceded byWilliam Earl Britt
Magistrate Judge of the United States District Court for the Eastern District of North Carolina
In office
2004–2005
Personal details
Born
James Columcille Dever III

(1962-05-25) May 25, 1962
Lake Charles, Louisiana
EducationUniversity of Notre Dame (BBA)
Duke University (JD)

James Columcille Dever III (born May 25, 1962) is an American attorney and jurist serving as a United States district judge of the United States District Court for the Eastern District of North Carolina.

Early life and education

Born in Lake Charles, Louisiana, Dever received a Bachelor of Business Administration with high honors from the University of Notre Dame in 1984 and a Juris Doctor with high honors from Duke University School of Law in 1987.[1]

Career

Dever was a law clerk to Judge J. Clifford Wallace of the United States Court of Appeals for the Ninth Circuit from 1987 to 1988. He served in the United States Air Force as a member of the General Counsel Honors Program from 1988 to 1992. He continued to serve in the United States Air Force Reserves 1992 to 2000. He was in private practice in North Carolina from 1992 to 2004. Dever has also served as an adjunct professor at the Norman Adrian Wiggins School of Law, Campbell University since 1997. He is currently a Senior Lecturing Fellow at Duke University School of Law, a position he has held since 2008. In 2014, Chief Justice John Roberts appointed Judge Dever to serve on the Advisory Committee on Criminal Rules, where he served until 2021. In 2022, Chief Justice Roberts appointed Dever as Chair of the Advisory Committee on Criminal Rules.[1]

Federal judicial service

On May 22, 2002, and January 7, 2003, President George W. Bush nominated Dever to serve on the United States District Court for the Eastern District of North Carolina, but he never received a Senate vote. Dever served as a United States magistrate judge for the Eastern District of North Carolina from 2004 to 2005. On February 14, 2005, Dever was nominated by President George W. Bush to a seat on the United States District Court for the Eastern District of North Carolina vacated by William Earl Britt. Dever was confirmed by the United States Senate on April 28, 2005, and received his commission on May 2, 2005.[1]

In 2006, Dever accepted the guilty plea of Michael P. Decker, a member of the state senate who had accepted a bribe to switch parties.[2] In 2007, Dever sentenced North Carolina lottery commissioner Kevin Geddings to four years in prison for concealing his relationship with a lottery vendor.[3]

In 2020, Dever heard arguments from a group of pastors who challenged Governor Roy Cooper on his authority to restrict religious activities during the COVID-19 pandemic. On May 16, 2020, Dever issued a 14-day temporary restraining order allowing indoor religious services. He said, "There is no pandemic exception to the Constitution of the United States or the Free Exercise Clause of the First Amendment."[4][5]

Dever served as Chief Judge from October 8, 2011, to October 8, 2018.[6]

References

  1. 1 2 3 "Judge James C. Dever III". Duke Law. Retrieved October 3, 2022.
  2. ↑ "U.S. Attorney's Office - U.S. Department of Justice". www.justice.gov. U.S. Attorney's Office (USAO).
  3. ↑ "Former Lottery Commissioner Receives 4-Year Prison Term". WRAL.com. May 7, 2007.
  4. ↑ "Federal judge says 'There is no pandemic exception to the Constitution'". North State Journal. May 16, 2020.
  5. ↑ "Federal judge rules indoor worship services can resume in North Carolina". Winston-Salem Journal. May 16, 2020.
  6. ↑ "Dever, James C. III - Federal Judicial Center". www.fjc.gov.
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