James Andrew Wynn facts for kids
Quick facts for kids
James Andrew Wynn
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| Judge of the United States Court of Appeals for the Fourth Circuit | |
| Assumed office August 10, 2010 |
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| Appointed by | Barack Obama |
| Preceded by | James Dickson Phillips Jr. |
| Judge of the North Carolina Court of Appeals | |
| In office 1999–2010 |
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| Preceded by | Himself |
| Succeeded by | Cressie Thigpen |
| In office 1990–1998 |
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| Preceded by | Allyson K. Duncan |
| Succeeded by | Himself |
| Justice of the North Carolina Supreme Court | |
| In office September 28, 1998 – December 31, 1998 |
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| Preceded by | John Webb |
| Succeeded by | George L. Wainwright Jr. |
| Personal details | |
| Born |
James Andrew Wynn Jr.
March 17, 1954 Robersonville, North Carolina, U.S. |
| Education | University of North Carolina at Chapel Hill (BA) Marquette University (JD) University of Virginia (LLM) |
| Military service | |
| Allegiance |  United States |
| Branch/service |  United States Navy |
| Years of service | 1979–2009 |
| Rank | Captain |
| Unit | J.A.G. Corps |
James Andrew Wynn Jr. (born March 17, 1954) is an American jurist. He serves as a United States circuit judge of the United States Court of Appeals for the Fourth Circuit and formerly served on both the North Carolina Court of Appeals and the North Carolina Supreme Court.
Contents
Background
Wynn grew up in the Eastern North Carolina community of Robersonville, one of eight children. His family operated a farm on which he worked during his childhood.
He holds degrees from the University of North Carolina at Chapel Hill (Bachelor of Arts, Journalism, 1975); Marquette University Law School (Juris Doctor, 1979); and the University of Virginia School of Law (Master of Laws, Judicial Process, 1995).
Early career
Following graduation from law school, Wynn served for four years on active duty in the Judge Advocate General's Corps, U.S. Navy. He was stationed in Norfolk, Virginia. He continued his service for 26 more years in the U.S. Naval Reserve, which included service as a military judge. He retired in 2009 at the rank of captain.
Following his active-duty military service, Wynn briefly served as an Assistant Appellate Defender for the State of North Carolina before joining the Wilson, North Carolina law firm of Fitch & Butterfield—later known as Fitch, Butterfield & Wynn.
Judicial career
State judicial service
From 1990 to 2010, Wynn served on both the North Carolina Court of Appeals and the Supreme Court of North Carolina.
Federal judicial service
Nominations under Clinton
On August 5, 1999, President Bill Clinton nominated Wynn to serve on the United States Court of Appeals for the Fourth Circuit to fill a vacancy created by Judge James Dickson Phillips Jr.'s decision to take senior status in 1994. The nomination was part of an effort to integrate the Fourth Circuit, which, despite representing the largest per-capita African American population of any judicial circuit, had never had an African American judge. At the time, the Fourth Circuit was the only circuit to never have had a person of color serve as a circuit judge.
Citing testimony before the U.S. Senate that the Fourth Circuit did not need any more judges, North Carolina Senator Jesse Helms refused to submit a blue slip that would have allowed Wynn a hearing before the U.S. Senate Judiciary Committee. This left the seat vacated by Judge J. Dickson Phillips Jr. in 1994 vacant until Wynn's ultimate confirmation in 2010. It also left the court without North Carolina representation for four years (from the death of Judge Samuel Ervin III in September 1999 until Judge Allyson Kay Duncan arrived on the court in August 2003). Ultimately, President Clinton issued a recess appointment to Judge Roger Gregory of Virginia in December 2000, making him the first African American judge to sit on the Fourth Circuit.
President Clinton nominated Wynn a second time on January 3, 2001, shortly before leaving office. The nomination was withdrawn by President George W. Bush two months later.
Nomination under Obama
On November 4, 2009, President Barack Obama nominated Wynn and Special Superior Court Judge for Complex Business Cases Albert Diaz for seats on the Fourth Circuit. Obama's renomination of Wynn and nomination of Diaz were jointly endorsed by North Carolina senators Kay Hagan, a Democrat, and Richard Burr, a Republican. His nomination was confirmed by the full Senate on August 5, 2010, by unanimous consent. He received his commission on August 10, 2010. On January 9, 2024, he announced his intent to assume senior status upon confirmation of a successor.
Other activities
Marquette University Board of Trustees (Chair of University’s Athletic Committee)
Former Member of Board of Directors, American Bar Endowment (Chair, Finance Committee)
Former Member of Board of Trustees, Pitt Community College, Winterville, NC
Special Advisor to the Board of Directors for American Bar Association’s Rule of Law Initiative
Life Member, National Conference of Uniform Law Commissioners
Member, American Law Institute
Immediate Past Chair, American Bar Association's Center for Human Rights
Life Member, Kappa Alpha Psi, Inc.
Member, Sigma Pi Phi, Inc.
Prince Hall of Masons, 33rd Degree Mason
Chair, Board of Deacons at his church
Madison Lecture
The Madison Lecture, "the most important lecture series" at NYU School of Law, is "designed to enhance the appreciation of civil liberty and strengthen the sense of national purpose." Wynn's 2020 lecture explained his definition of judicial activism, exemplified by the Supreme Court's decision in Rucho v. Common Cause. He proposed that a court engages in judicial activism if it fails to consider well-established decisional tools that are relevant to deciding a particular case. Wynn contended that textualism is a type of judicial activism because it permits judges to disregard legislative history. Wynn further argued that Rucho is an activist opinion because it disregarded several well-established decisional tools.
Publications
- When Judges and Justices Throw Out Tools: Judicial Activism in Rucho v. Common Cause, 96 N.Y.U. Law Review 607 (2021)
- Opinion: As a judge, I have to follow the Supreme Court. It should fix this mistake, The Washington Post (2020)
- State v. Mann, 13 N.C. 263 (N.C. 1830): Judicial Choice or Judicial Duty, 87 North Carolina Law Review 991 (2009)
- Judicial Diversity: Where Independence and Accountability Meet, 67 Albany Law Review 775 (2004)
- Ground to Stand on: Charles Hamilton Houston’s Legal Foundation for Dr. King, 9 N.C. Bar. J. (2004)
- Judging the Judges, Marquette University Law Review, 86 Marq. L. Rev. 753, Spring 2003
- Military Courts and the All Writs Act: Who Supervises the Military Justice System?, Judges Journal, American Bar Association, Vol. 45, No. 3
Selected honors and awards
The North Carolina Law Review, the law journal of the University of North Carolina School of Law, held a Symposium in 2022 in honor of Judge Wynn's decades on the bench. The distinguished list of speakers included Judge W. Earl Britt, Professor Stephen Wermiel, Justice Patricia Timmons-Goodson, and Justice Anita Earls. As part of the Symposium, the journal also published a series of essays related to Judge Wynn's legacy, including essays by Professor Michael Tigar and Professor Gene Nichol.
Awards include:
- Alumnus of the Year, Marquette University Law School (2018)
- Spirit of Excellence Award, American Bar Association (2018)
- Liberty Bell Award, North Carolina Bar Association (2018)
- Raymond Pace Alexander Award, National Bar Association (2008)
- Harvey E. Beech Outstanding Alumni Award, University of North Carolina at Chapel Hill (2008)
- All-University Alumni Merit Award, Marquette University (2004)
- E. Harold Hollows Lecturer, Marquette Law School (2003)
- Martin Luther King Achievement Award, General Baptist State Convention of North Carolina (1996)
- Appellate Judge of the Year, North Carolina Academy of Trial Lawyers (1995)
- Order of the Old Well, University of North Carolina at Chapel Hill (1979)
- Military Decorations:
- Meritorious Service Medal (3 awards/stars)
- Navy Commendation Medal (2 awards/stars)
- Navy Achievement Medal
- Naval Reserve Medal
- National Defense Service Medal
- Global War on Terrorism Medal
See also
