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Jeffrey R. Howard

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Jeffrey R. Howard
Image of Jeffrey R. Howard
United States Court of Appeals for the 1st Circuit (senior status)
Tenure

2022 - Present

Years in position

3

Prior offices
United States Court of Appeals for the 1st Circuit
Successor: Seth Aframe

Education

Bachelor's

Plymouth State College, 1978

Law

Georgetown University Law Center, 1981

Personal
Birthplace
Claremont, N.H.

Jeffrey R. Howard is a judge on senior status on the United States Court of Appeals for the 1st Circuit. He was nominated to the court by President George W. Bush (R) on August 2, 2001, and confirmed by the United States Senate on April 23, 2002, by a vote of 99-0. Howard received his commission on May 3, 2002, and served until he assumed senior status on March 31, 2022. From 2015 to 2022, Howard was the chief judge of the First Circuit. To see a full list of judges appointed by George W. Bush, click here.

The United States Court of Appeals for the 1st Circuit is one of 13 U.S. Courts of Appeal. They are the intermediate appellate courts of the United States federal courts. To learn more about the court, click here.

Prior to his appointment, Howard was in private practice in New Hampshire from 1997 to 2002. He also served as U.S. attorney for the District of New Hampshire and New Hampshire attorney general.[1][2]

Judicial nominations and appointments

United States Court of Appeals for the 1st Circuit

Howard was nominated to this position by George W. Bush (R) on August 2, 2001. He was confirmed by a 99-0 vote of the U.S. Senate on April 23, 2002. To read more about the federal nominations process, click here.

Nomination Tracker
Fedbadgesmall.png
Nominee Information
Name: Jeffrey R. Howard
Court: United States Court of Appeals for the 1st Circuit
Progress
Confirmed 264 days after nomination.
ApprovedANominated: August 2, 2001
ApprovedAABA Rating: Substantial Majority Qualified, Minority Not Qualified
Questionnaire:
ApprovedAHearing: April 11, 2002
Hearing Transcript: Hearing Transcript
QFRs: (Hover over QFRs to read more)
ApprovedAReported: April 18, 2002 
ApprovedAConfirmed: April 23, 2002
ApprovedAVote: 99-0
DefeatedAReturned: August 3, 2001


Nomination

Howard was first nominated to the United States Court of Appeals for the 1st Circuit by President George W. Bush on August 2, 2001, to a seat vacated by Norman Stahl. The American Bar Association rated Howard Substantial Majority Qualified, Minority Not Qualified for the nomination.[3] Under Rule XXXI, paragraph six of the standing rules of the Senate, Howard's nomination was returned to the president on August 3, 2001.[4] President Bush resubmitted Howard's nomination on September 4, 2001.

Senate Judiciary Committee hearing

Hearings on Howard's nomination were held before the United States Senate Committee on the Judiciary on April 11, 2002, and his nomination was reported by U.S. Sen. Patrick Leahy (D-Vt.) on April 18, 2002.

Confirmation vote

Howard was confirmed on a recorded 99-0 vote of the U.S. Senate on April 23, 2002, and he received his commission on May 3, 2002.[1][5]

Howard was one of 386 judges nominated by George W. Bush (R). To see a full list of those judges, click here.

Education

Howard earned his bachelor's degree from Plymouth State College in 1978 and his J.D. from Georgetown University Law Center in 1981.[1]

Professional career

  • 2015-2022: Chief judge
  • 1988-1989: Deputy attorney general
  • 1981-1988: Staff attorney[1]

Noteworthy cases

The section below lists noteworthy cases heard by this judge. To suggest cases we should cover here, email us.

Stolen gun liability case (2012)

See also: United States Court of Appeals for the 1st Circuit (Jones v. Secord, 11-1576)

On July 6, 2012, a three judge panel for the United States Court of Appeals for the 1st Circuit upheld the ruling of Judge Paul Barbadoro of the United States District Court for the District of New Hampshire, who held that a New Hampshire man could not be held liable for the use of his handgun by another person in a violent crime. Gail Jones, the mother of a shooting victim, filed a lawsuit alleging that Lawrence Secord was liable for the use of his handgun by his grandson in an armed robbery that resulted in three fatalities in 2007. Secord's gun was stolen by his grandson, who broke into a locked summer cabin to obtain the firearm. Barbadoro agreed with Secord that he had taken proper precautions to secure his firearm. Judge Bruce Marshall Selya agreed, writing the opinion of the panel of that included Judges Jeffrey R. Howard and O. Rogeriee Thompson. He stated in the opinion, "The record here, even when construed in the light most flattering to the plaintiff, does not show either a particularized risk of harm or a degree of foreseeability sufficient to animate this exception." Jones told the press she brought the lawsuit on to raise awareness of gun storage and risk, telling the press, "Firearms are very dangerous when they're in the wrong hands."[6][7]

About the court

First Circuit
Court of Appeals
1st Circuit seal.png
Judgeships
Posts: 6
Judges: 5
Vacancies: 1
Judges
Chief:
Active judges: Seth Aframe, David Barron, Gustavo Gelpí, Lara Montecalvo, Julie Rikelman

Senior judges:
Levin Hicks Campbell, Jeffrey R. Howard, William Kayatta, Kermit Lipez, Sandra Lea Lynch, Ojetta Rogeriee Thompson


The United States Court of Appeals for the First Circuit is a federal appellate court with appellate jurisdiction. It hears appeals from all of the circuit courts within its jurisdiction and its rulings may be appealed to the Supreme Court of the United States.

Appeals are heard in the John Joseph Moakley Courthouse in Boston, Massachusetts. There is another circuit courthouse located in San Juan, Puerto Rico, where the court sits for two weeks a year.

Two judges of the First Circuit went on to serve on the Supreme Court of the United States. Stephen Breyer was appointed to the Supreme Court in 1994 by Bill Clinton (D), and David Souter was appointed in 1990 by George H. W. Bush (R).

United States Court of Appeals for the 1st CircuitUnited States District Court for the District of MaineUnited States District Court for the District of New HampshireUnited States District Court for the District of MassachusettsUnited States District Court for the District of MassachusettsUnited States District Court for the District of Rhode IslandUnited States District Court for the District of Rhode IslandUnited States District Court for the District of Puerto RicoUnited States District Court for the District of Puerto RicoUnited States District Court for the District of Puerto Rico
Map of the First Circuit. Click on a district to find out more about it.


The First Circuit has appellate jurisdiction over cases heard in one of its subsidiary districts. These cases fall under federal law, and may be either civil or criminal in nature. Appeals of rulings by the First Circuit Court of Appeals are petitioned to the Supreme Court of the United States. U.S. Supreme Court Justice Ketanji Brown Jackson is the circuit justice for the First Circuit.

The United States Court of Appeals for the 1st Circuit has jurisdiction over the following U.S. district courts:


To read opinions published by this court, click here.

The federal nomination process

Federal judges are nominated by the president of the United States and confirmed by the Senate. There are multiple steps to the process:

  • The president nominates an individual for a judicial seat.
  • The nominee fills out a questionnaire and is reviewed by the Senate Judiciary Committee.
  • The Senate Judiciary Committee holds a hearing with the nominee, questioning them about things like their judicial philosophy, past rulings or opinions, etc.
  • As part of this process, the committee sends a blue slip to senators from the home state in which the judicial nomination was received, allowing them to express their approval or disapproval of the nominee.
  • After the hearing, the Senate Judiciary Committee will vote to approve or return the nominee.
  • If approved, the nominee is voted on by the full Senate.
  • If the Committee votes to return the nominee to the president, the president has the opportunity to re-nominate the individual.
  • The Senate holds a vote on the candidate.
  • If the Senate confirms the nomination, the nominee receives a commission to serve a lifelong position as a federal judge.
  • If the Senate does not confirm the nomination, that nominee does not become a judge.


See also

External links

Footnotes

Political offices
Preceded by
-
United States Court of Appeals for the 1st Circuit
2002-2022
Succeeded by
Seth Aframe