Clark Waddoups
2019 - Present
5
Clark Waddoups (b.1946) is a judge on senior status for the United States District Court for the District of Utah. He joined the court in 2008 after an appointment by President George W. Bush (R). Waddoups retired from full-time service, assuming senior status, on January 31, 2019. Prior to appointment, Waddoups was an attorney in private practice in Utah.[1]
Early life and education
Waddoups received his undergraduate degree from Brigham Young University in 1970 and his J.D. from the University of Utah's S.J. Quinney College of Law in 1973.[1]
Professional career
- 1981-2008: Attorney in private practice, Salt Lake City
- 1974-1981: Attorney in private practice, California
- 1973-1974: Law clerk, Hon. J. Clifford Wallace, U.S. Court of Appeals for the Ninth Circuit, 1973-1974[1]
Judicial career
- 2008-present: Judge, District of Utah
- 2019-present: Senior status judge
Federal judicial nomination
District of Utah
Waddoups was nominated to the District of Utah by President George W. Bush (R) on April 29, 2008, to a seat vacated by Paul Cassell. Waddoups was confirmed by the U.S. Senate on September 26, 2008, and received commission on October 21, 2008. Waddoups retired from full-time service, assuming senior status, on January 31, 2019.
Noteworthy cases
Judge finds part of Utah immigration law illegal (2014)
In 2011, Utah state law changed with the passage of House Bill 497, which was signed by Governor Gary Herbert. The new law gave police officers the right to check the immigration status of any person they stopped or arrested, as well as the right to arrest a person that they reasonably suspected of being in the United States illegally. The law was challenged in federal court and, on June 18, 2014, Judge Clark Waddoups ruled that the police may check the immigration status of a person they legally stop for another reason, but they cannot arrest someone on suspicion of being an illegal alien.
Articles:
Utah's polygamy law ruled unconstitutional in "Sister Wives" case (2013)
- See also: United States District Court for the District of Utah (Brown, et al v. Buhman, et al, 2:11-cv-0652-CW)
- See also: United States District Court for the District of Utah (Brown, et al v. Buhman, et al, 2:11-cv-0652-CW)
On December 13, 2013, Judge Waddoups struck down critical elements of Utah's polygamy law as unconstitutional, essentially decriminalizing the practice. In the case at hand, stars of the TV show "Sister Wives" brought suit on July 13, 2011, claiming that the state was unconstitutionally infringing upon the polygamous family's right to due process, equal protection, free exercise of religion, free speech, and freedom of association. The state filed a motion to dismiss, and on August 17, 2012, Waddoups denied that motion. Following a hearing in January 2013, Waddoups announced his decision nearly one year later in a 91-page ruling. In that ruling, Waddoups declared that the wording of the state's polygamy statute—specifically, the phrase "or cohabits with another person"—served as a violation of the plaintiffs' constitutional rights. The Waddoups ruling leaves the state's bigamy statute intact in theory, criminalizing only the fraudulent acquisition of multiple marriage licenses. The Utah Attorney General's office was expected to appeal the ruling to the United States Court of Appeals for the 10th Circuit, and on December 26, 2013, Sean Reyes, the state's incoming attorney general, confirmed that it remained his intention to file an appeal.[2][3][4][5][6]
See also
- United States District Court for the District of Utah
- News: Family portrayed in TV show "Sister Wives" takes polygamy ban to court, February 7, 2012
External links
- FJC, "Judge Waddoups Biography"
- Fox 13 News, "Judge won’t dismiss lawsuit to decriminalize polygamy," August 17, 2012
- Desert News, "One of Utah's top lawyers may be its next U.S. judge," 11/13/2007
- Salt Lake City Weekly, "Clark Waddoups a Non-Partisan Miracle!" 4/30/2008
- Findlaw, "Clark Waddoups Profile"
Footnotes
- ↑ 1.0 1.1 1.2 FJC, "Judge Waddoups Biography"
- ↑ Salt Lake Tribune, "'Sister Wives' polygamy lawsuit tackles privacy in Utah," July 14, 2011
- ↑ Christian News Network, "Federal Judge Will Not Dismiss Suit Against Utah Bigamy Law," August 19, 2012
- ↑ Salt Lake Tribune, "Federal judge declares Utah polygamy law unconstitutional, "December 14, 2013
- ↑ CNN, "Judge strikes down part of Utah polygamy law in 'Sister Wives' case," December 16, 2013
- ↑ Fox 13 Now, "Incoming Utah AG weighs in on gay marriage, polygamy," December 26, 2013
| Political offices | ||
|---|---|---|
| Preceded by: Paul Cassell |
District of Utah 2008–2019 |
Succeeded by: David Barlow
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| |||
|---|---|---|---|
| Active judges |
Chief Judge: Robert Shelby • Jill Parrish • Howard Nielson • David Barlow • Ann Marie McIff Allen | ||
| Senior judges |
Tena Campbell • David Sam • Dale Kimball • Brian Stewart (Utah) • Clark Waddoups • David Nuffer • | ||
| Magistrate judges | Dustin B. Pead • Cecelia Romero • Paul Kohler • Daphne Oberg • Jared Bennett • | ||
| Former Article III judges |
Bruce Jenkins • Dee Benson • John Augustine Marshall • Tillman Davis Johnson • Aldon Anderson • Paul Cassell • Albert Christensen • Willis Ritter • David Winder • | ||
| Former Chief judges |
Tena Campbell • Bruce Jenkins • David Sam • Dee Benson • Aldon Anderson • Willis Ritter • David Winder • | ||
