Richard Sullivan (New York)

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Richard Sullivan
Image of Richard Sullivan

Nonpartisan

United States Court of Appeals for the 2nd Circuit
Tenure

2018 - Present

Years in position

6

Prior offices
United States District Court for the Southern District of New York
Successor: Jennifer Rearden

Education

Bachelor's

College of William and Mary, 1986

Law

Yale Law, 1990

Personal
Birthplace
Manhasset, N.Y.


Richard Joseph Sullivan is a judge on the United States Court of Appeals for the 2nd Circuit. He was nominated to the court by President Donald Trump (R) on May 7, 2018, and confirmed by the U.S. Senate on October 11, 2018, by a vote of 79-16.[1][2][3] To see a full list of judges appointed by Donald Trump, click here.

The United States Court of Appeals for the 2nd 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 2nd Circuit Court, click here.

Sullivan previously served as a federal judge on the United States District Court for the Southern District of New York from 2007 to 2018. President George W. Bush (R) nominated him to the court in 2007.[1]

Judicial nominations and appointments

United States Court of Appeals for the 2nd Circuit (2018-present)

See also: Federal judges nominated by Donald Trump

Sullivan was nominated to the United States Court of Appeals for the 2nd Circuit by President Donald Trump (R) on May 7, 2018. The U.S. Senate confirmed Sullivan on October 11, 2018, by a vote of 79-16.[2] He received commission on October 17, 2018.[1] To read more about the federal nomination process, click here.

Nomination Tracker
Fedbadgesmall.png
Nominee Information
Name: Richard Sullivan
Court: United States Court of Appeals for the 2nd Circuit
Progress
Confirmed 157 days after nomination.
ApprovedANominated: May 7, 2018
ApprovedAABA Rating: Majority Well Qualified/Minority Qualified
Questionnaire: Questionnaire
ApprovedAHearing: August 1, 2018
QFRs: (Hover over QFRs to read more)
ApprovedAReported: September 13, 2018 
ApprovedAConfirmed: October 11, 2018
ApprovedAVote: 79-16


Confirmation vote

The U.S. Senate confirmed Sullivan on October 11, 2018, on a vote of 79-16.[2] To see a full breakdown of the vote on the official U.S. Senate website, click here.

Richard Sullivan confirmation vote (October 11, 2018)
Party Yea Nay No vote
Electiondot.png Democratic 28 15 4
Ends.png Republican 50 0 1
Grey.png Independent 1 1 0
Total 79 16 5

Senate Judiciary Committee hearing

Sullivan had his hearing before the Senate Judiciary Committee on August 1, 2018. The committee voted to advance Sullivan's nomination to the full Senate on September 13, 2018.[2]

Nomination

Sullivan was nominated to replace Judge Richard Wesley, who assumed senior status on August 1, 2016.

The American Bar Association rated Sullivan well qualified by a majority and qualified by a minority for the position.[4] To read more about ABA ratings, click here.

United States District Court for the Southern District of New York (2007-2018)

President George W. Bush (R) nominated Sullivan to the United States District Court for the Southern District of New York February 15, 2007, to a seat vacated by Michael Mukasey. The U.S. Senate confirmed Sullivan June 28. He received commission August 1.[5]

Early life and education

Sullivan was born in Manhasset, New York, in 1964. He graduated from the College of Willam and Mary with his bachelor's degree in 1986 and from Yale Law School with his J.D. in 1990.[1]

Professional career

Noteworthy cases

NYPD mass arrests (2009)
See also: United States District Court for the Southern District of New York (Michael Schiller v. The City of New York, et al., 1:04-cv-07922-RJS-JCF)

Judge Sullivan ordered the New York Police Department to release arrest records of 1,800 protesters arrested and detained at the 2004 Republican National Convention. This came after the New York Civil Liberties Union demanded a review of the arrest records. This was another order from the judge to the New York Police to release the records.[6]

Madoff collusion case (2009)
See also: United States District Court for the Southern District of New York (USA v. Frank DiPascali Jr., 1:09-cr-00764-RJS)

Judge Sullivan presided in the case of Frank DiPascali, a former associate of disgraced investment banker Bernie Madoff. On August 11, 2009, DiPascali pleaded guilty to charges that he aided the investment banker in a Ponzi Scheme.[7]

Despite DiPascali's cooperation with prosecutors, Judge Sullivan ordered him jailed until his sentencing as the judge deemed him a flight risk.[7]

Court documents

YES Network case (2010)
See also: United States District Court for the Southern District of New York (Robert M. Gutkowski v. George Steinbrenner III, 1:09-cv-07535-RJS)

Judge Sullivan rejected a lawsuit by a former Madison Square Garden executive that claimed George Steinbrenner gave the idea for the YES Sports Network.

Bob Gutkowski, who previously ran Madison Square Garden, said that he was promised compensation for helping start up the YES Network and was seeking $23 million dollars in lost compensation.

The case was thrown out after finding that there was not enough evidence beyond a reasonable doubt to prove that Steinbrenner was liable.[8]

Comments about the U.S. Attorney's Office

During a panel discussion on Public Corruption at the Practising Law Institute in October 2013, Judge Sullivan criticized the U.S. Attorney's Office of the Southern District of New York for its sensationalized statements in press releases.[9] During the panel discussion, Judge Sullivan said:

“ This seems to be designed for tabloid consumption. . . . there should be a question asked that is that appropriate at the preconviction stage.[10] [11] ”

While United States Attorney Preet Bharara's office had no official comment, a prosecutor who also sat on the panel stated that the office's tone used in press releases was designed to be understandable for citizens. He also pointed out that the goal was to draw attention to cases.[10]

About the court

Second Circuit
Court of Appeals
US-CourtOfAppeals-2ndCircuit-Seal.png
Judgeships
Posts: 13
Judges: 13
Vacancies: 0
Judges
Chief: Debra Livingston
Active judges: Joseph Bianco, Maria Araujo Kahn, Eunice Lee, Debra Livingston, Raymond Lohier, Steven Menashi, Sarah Ann Leilani Merriam, William Nardini, Alison J. Nathan, Michael H. Park, Myrna Pérez, Beth Robinson, Richard Sullivan

Senior judges:
Jose Cabranes, Guido Calabresi, Susan L. Carney, Denny Chin, Dennis Jacobs, Amalya Kearse, Pierre Leval, Gerard Lynch, Jon Newman, Barrington Parker, Jr., Rosemary Pooler, Reena Raggi, Robert Sack, Chester Straub, John Walker, Richard Wesley


The United States Court of Appeals for the Second 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 Thurgood Marshall Federal Courthouse in New York City.

Four judges of the Second Circuit went on to serve on the Supreme Court of the United States. John Marshall Harlan II was appointed to the Supreme Court in 1955 by Dwight Eisenhower, Thurgood Marshall was appointed in 1967 by Lyndon Johnson, and Sonia Sotomayor was appointed in 2009 by Barack Obama.

United States Court of Appeals for the 2nd CircuitUnited States Court of Appeals for the 2nd CircuitUnited States District Court for the Western District of New YorkUnited States District Court for the Northern District of New YorkUnited States District Court for the District of VermontUnited States District Court for the Southern District of New YorkUnited States District Court for the Eastern District of New YorkUnited States District Court for the Eastern District of New YorkUnited States District Court for the District of Connecticut
Map of the Second Circuit. Click on a district to find out more about it.


The Second Circuit has appellate jurisdiction over cases heard in one of its subsidiary districts. These cases can include civil and criminal matters that fall under federal law. Appeals of rulings by the Second Circuit Court of Appeals are petitioned to the Supreme Court of the United States. Justice Ruth Bader Ginsburg is the circuit justice for the Second Circuit.

The United States Court of Appeals for the Second Circuit's territory comprises the states of Connecticut, New York, and Vermont. The court has appellate jurisdiction over the United States district courts in the following federal judicial districts:

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

  1. ↑ 1.0 1.1 1.2 1.3 1.4 Federal Judicial Center, "Sullivan, Richard Joseph," accessed October 14, 2018
  2. ↑ 2.0 2.1 2.2 2.3 Congress.gov, "PN1900 — Richard J. Sullivan — The Judiciary," accessed September 14, 2018
  3. ↑ White House, "President Donald J. Trump Announces Thirteenth Wave of Judicial Nominees and Seventh Wave of United States Marshal Nominees," April 26, 2018
  4. ↑ American Bar Association, "Ratings of Article III and Article IV judicial nominees," accessed April 21, 2020
  5. ↑ [http://thomas.loc.gov/cgi-bin/ntquery/D?nomis:1:./temp/ nomiszMdgXc:: THOMAS, "Richard Sullivan USDC, SDNY confirmation: PN252-110," accessed July 16, 2015]
  6. ↑ Courthouse News, "NYPD Must Deliver Info on Mass Arrests," December 15, 2009
  7. ↑ 7.0 7.1 New York Daily News, "Bernie Madoff pal pleads guilty, denied bail," August 11, 2009
  8. ↑ New York Times, "Judge Rejects Former Garden Executive’s Lawsuit Over YES Network," January 27, 2010
  9. ↑ Law360.com, "Judge Mock US Attorney Bharara's Press Release," October 2, 2013
  10. ↑ 10.0 10.1 The Wall Street Journal, "Federal Judge Chides Bharara for 'Tabloid' Press Operation," October 16, 2013
  11. ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.

Political offices
Preceded by
- 		United States Court of Appeals for the 2nd Circuit
2018-Present		 Succeeded by
-
Preceded by
- 		United States District Court for the Southern District of New York
2007-2018		 Succeeded by
Jennifer Rearden




New York courts

Federal courts:

Second Circuit Court of Appeals • U.S. District Court: Eastern District of New York, Western District of New York, Northern District of New York, Southern District of New York • U.S. Bankruptcy Court: Eastern District of New York, Western District of New York, Northern District of New York, Southern District of New York

State courts:

New York Court of Appeals • New York Supreme Court, Appellate Division • New York Supreme Court • New York County Courts • New York City Courts • New York Town and Village Courts • New York Family Courts • New York Surrogates' Courts • New York City Civil Court • New York City Criminal Courts • New York Court of Claims • New York Problem Solving Courts

State resources:

Courts in New York • New York judicial elections • Judicial selection in New York

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