William Traxler

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William Traxler
Image of William Traxler

Nonpartisan

United States Court of Appeals for the 4th Circuit (senior status)
Tenure

2018 - Present

Years in position

6

Prior offices
United States District Court for the District of South Carolina
United States Court of Appeals for the 4th Circuit

Education

Bachelor's

Davidson College, 1970

Law

University of South Carolina School of Law, 1973

Personal
Birthplace
Greenville, S.C.


William Byrd Traxler, Jr. is a federal judge on senior status on the United States Court of Appeals for the 4th Circuit. He joined the court in 1998 after being nominated by President Bill Clinton. He assumed senior status on August 31, 2018.[1]

Traxler served as chief judge from July 2009 to 2016.[1]

Education

Traxler graduated from Davidson College with his bachelor's degree in 1970 and from the University of South Carolina School of Law with his J.D. in 1973.[1]

Military service

  • 1970-1978: Adjutant general, U.S. Army Reserve[1]

Professional career

  • 1975-1985: Office of the solicitor, 13th Judicial Circuit, Greenville County, S.C.
1981-1985: Solicitor
1978-1981: Deputy solicitor
1975-1978: Assistant solicitor
  • 1973-1974: Attorney in private practice, Greenville, S.C.

Judicial career

4th Circuit Court of Appeals

Nomination Tracker
Fedbadgesmall.png
Nominee Information
Name: William B. Traxler, Jr.
Court: United States Court of Appeals for the 4th Circuit
Progress
Confirmed 80 days after nomination.
ApprovedANominated: July 10, 1998
ApprovedAABA Rating: Unanimously Well Qualified
Questionnaire:
ApprovedAHearing: September 9, 1998
QFRs: (Hover over QFRs to read more)
ApprovedAReported: September 17, 1998 
ApprovedAConfirmed: September 28, 1998
ApprovedAVote: Voice vote

Traxler was nominated by President Bill Clinton (D) to the Fourth Circuit on July 10, 1998, to a seat vacated by Judge Donald S. Russell. The American Bar Association rated Traxler Unanimously Well Qualified for the nomination.[2] Hearings on Traxler's nomination were held before the United States Senate Committee on the Judiciary on September 9, 1998, and his nomination was reported by U.S. Sen. Orrin Hatch (R-Utah) on September 17, 1998. Traxler was confirmed on a voice vote of the U.S. Senate on September 28, 1998, and he received his commission on October 1, 1998. Traxler served as chief judge from 2009 to 2016. He assumed senior status on August 31, 2018.[1][3]

U.S. District Court for the District of South Carolina

Traxler was nominated by President George H.W. Bush (R) on November 14, 1991, to a seat on the United States District Court for the District of South Carolina vacated by Judge Clyde Hamilton upon Hamilton's elevation to the United States Court of Appeals for the 4th Circuit. The American Bar Association rated Traxler Unanimously Well Qualified for the nomination.[4] Hearings on Traxler's nomination were held before the Senate Judiciary Committee on February 19, 1992, and his nomination was reported by then-U.S. Sen. Joseph Biden (D-Del.) on February 27, 1992. Traxler was confirmed in the U.S. Senate on February 27, 1992, by unanimous consent, and he received his commission on March 2, 1992. He resigned from the district court on October 21, 1998, upon his elevation to the Fourth Circuit. He was succeeded in this position by Judge Margaret Seymour.[1][5]

Noteworthy cases

Occupy Columbia may file suit against state officials (2013)
See also: United States Court of Appeals for the 4th Circuit (Occupy Columbia, et al v. Haley, et al, 13-1258)

On December 16, 2013, a three-judge panel of the Fourth Circuit, composed of Chief Judge William Traxler and Judges Stephanie Thacker and Robert King, found that members of Occupy Columbia who were arrested in November 2011 for supposed violations of state curfew may file suit against various state officials.[6][7]

In the underlying case, South Carolina Governor Nikki Haley enforced a curfew restriction against members of Occupy Columbia, a group that initiated 24-hour per day protests on the grounds of the State House for one month's time. On November 16, 2011, Governor Haley directed police officers to remove Occupy Columbia members who remained on the grounds after 6:00 p.m. Nineteen protestors were arrested on that day, and 14 of them later filed suit alongside Occupy Columbia with claims that their First Amendment rights were violated, seeking injunctive relief and damages. The government officials filed a motion to dismiss, which the district trial court granted in part and denied in part, rejecting their claims of qualified immunity.[6][7]

Judge Thacker, writing for the majority, affirmed the lower court's decision, noting that because the protestors alleged a clear violation of their constitutional rights, a qualified immunity defense would not stand. Thacker further stated:

“ It is not disputed that South Carolina and its state officials could have restricted the time when the State House grounds are open to the public with a valid time, place, and manner restriction. However, ... at the time of Occupy Columbia’s arrest, no such restrictions existed.[6][7][8] ”

Because Occupy Columbia's First Amendment right to assemble peacefully was infringed upon, the government officials named in the suit, including Governor Haley, were to remain as defendants.[6][7]

See also

External links


Footnotes

  1. ↑ 1.0 1.1 1.2 1.3 1.4 1.5 Federal Judicial Center, "Traxler, William Byrd, Jr.," accessed September 6, 2018
  2. ↑ American Bar Association, "Ratings of Article III judicial nominees, 105th Congress," accessed June 15, 2016
  3. ↑ United States Congress, "PN 1253 - William B. Traxler Jr. - The Judiciary," accessed June 16, 2016
  4. ↑ American Bar Association, "Ratings of Article III judicial nominees, 102nd Congress," accessed June 15, 2016
  5. ↑ United States Congress, "PN 767 - William B. Traxler Jr. - The Judiciary," accessed June 16, 2016
  6. ↑ 6.0 6.1 6.2 6.3 The State, "Court: Gov. Nikki Haley, SC officials can be sued for Occupy arrests," December 16, 2013
  7. ↑ 7.0 7.1 7.2 7.3 National Law Journal, "Fourth Circuit Green-Lights Suit Over Occupy Arrests," December 16, 2013
  8. ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
Political offices
Preceded by:
Donald S. Russell 		Fourth Circuit Court of Appeals
1998–2018 		Succeeded by:
A. Marvin Quattlebaum Jr.
Preceded by:
Clyde Hamilton 		District of South Carolina
1992–1998
Seat #5 		Succeeded by:
Margaret Seymour





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