Jeremy Don Fogel
|Senior Judge of the United States District Court for the Northern District of California|
December 31, 2014 – September 14, 2018
|Judge of the United States District Court for the Northern District of California|
March 17, 1998 – December 31, 2014
|Appointed by||Bill Clinton|
|Preceded by||Robert Peter Aguilar|
|Succeeded by||Seat abolished|
|Judge of the Superior Court of Santa Clara County|
|Appointed by||George Deukmejian|
|Judge of the Municipal Court of Santa Clara County|
|Appointed by||Jerry Brown|
Jeremy Don Fogel
September 17, 1949
San Francisco, California
|Education||Stanford University (B.A.)|
Harvard Law School (J.D.)
Jeremy Don Fogel (born September 17, 1949) is a former United States District Judge of the United States District Court for the Northern District of California. Fogel was appointed by President Bill Clinton. He was a judge for the municipal court and superior court of Santa Clara County, California from 1981 to 1998. He served as Director of the Federal Judicial Center from 2011–2018.
Education and early career
Fogel was born in San Francisco, California, and received a Bachelor of Arts degree from Stanford University in 1971 and a Juris Doctor from Harvard Law School in 1974. He entered private practice in San Jose, California until 1978. He was a lecturer in human development at San Jose State University from 1977 to 1978 and member of the Santa Clara County Bar Association from 1978 to 1981. With the Mental Health Advocacy Project, he was a directing attorney from 1978 to 1981 and an Executive director from 1980 to 1981. Along with his judicial work, Fogel lectures at Stanford Law School; one of his courses was "Psychology of Litigation: Practical and Ethical Implications".
He was appointed by Democratic governor Jerry Brown as a judge on the Santa Clara County Municipal Court from 1981 to 1986. Brown successor, Republican governor George Deukmejian, appointed Fogel to a judgeship at the Superior Court of Santa Clara County in 1986; Fogel remained until 1998. As a Superior Court judge, Fogel on November 23, 1992 allowed the East Side Union High School District to screen Channel One News, whose content included commercials, in classrooms provided that students who opt out receive alternative assignments. In 1997, Fogel heard a case challenging Measure B, a ballot initiative for a public transportation sales tax passed by 52 percent of voters. Challengers argued that because Measure B was a special tax (earmarked) rather than a general tax (for the general fund), a simple majority vote was insufficient. Fogel dismissed the lawsuit on April 3, 1997, two days after it opened.
Fogel was nominated by President Bill Clinton on September 8, 1997, to the seat on the United States District Court for the Northern District of California that had been vacated by Robert Peter Aguilar. He was confirmed by the United States Senate on March 16, 1998, and received his commission on March 17, 1998. He assumed senior status on December 31, 2014. He retired from active service on September 14, 2018.
Fogel has presided over federal criminal cases, including trials for perjury and fraud. In 2010, he presided over the perjury case of Federal Bureau of Investigation employee Rachelle Thomas-Zuill, who pleaded guilty. On January 8, 2010, Fogel sentenced two people to federal prison for defrauding 24 Hour Fitness; one of the convicted, Susan Powell, served as a vice president of that company. Powell got 15 months, and advertising executive Michael Johnston got 5 months. On July 22, 2010, Fogel sentenced Seth Sundberg, the branch manager of a mortgage and financial business, to 71 months in prison and $2.4 million in restitution for obtaining a $5 million tax refund from the Internal Revenue Service fraudulently. Sundberg pleaded guilty in January 2010 to mail fraud.
Other cases that Fogel has presided over federally included that of serial bank robber Froilan Alix Roldan, whom he sentenced to 18 years' imprisonment on September 30, 2009. Roldan robbed $90,000 from a Bank of America branch in Santa Clara, California over three instances in three years. Judge Fogel also sentenced NASA Ames Research Center contractor Ernst John Rohde to a five-year term for possessing child pornography on his government computer; two other Ames employees had been convicted of the same offense previously.
On October 29, 2009, Fogel awarded the Palo Alto, California-based social networking website Facebook $711 million in damages in a civil suit that Facebook filed against online marketer Sanford Wallace, whom Facebook accused of using the website to send spam to and steal personal information from website users.
California execution moratorium
On December 15, 2006, in the case Morales v. Tilton, Judge Fogel ruled that California execution procedures violate the Eighth Amendment to the United States Constitution because inexperienced, untrained prison staff do executions in crowded, poorly lit settings; Fogel wrote that "implementation of lethal injection" by California "is broken, but...can be fixed." That moratorium came ten months after Fogel issued a ruling two hours prior to the scheduled February 21, 2006 execution of Michael Morales with conditions to prevent a painful execution: instead of administering it via intravenous tube, a licensed medical professional would have to inject sodium thiopental directly into Morales' vein. California then delayed the execution, as it could not comply with Fogel's order. Under the same painful death criteria, Fogel issued a stay of execution for Albert Greenwood Brown on September 28, 2010, two days before Brown was scheduled to be executed. In response to Fogel's ruling in Morales v. Tilton, The New York Times wrote in a 2011 editorial: "For legislators in state capitols considering whether to abolish the [death] penalty... this case... has documented how lethal injection can be cruel and unusual punishment when unprofessionally administered and how the culture of prisons breeds that shoddy approach. It is one more reason to reject the death penalty as a barbaric punishment."
Fogel married preschool teacher Kathleen Aim Wilcox and lives in Los Altos, California; their son Nate Wilcox-Fogel attended the Menlo School and Stanford University and played on the football teams of both schools.
- "Confirmation hearings on federal appointments: hearings before the Committee on the Judiciary, United States Senate, One Hundred Fifth Congress, first session, on confirmation of appointees to the federal judiciary." S. Hrg. 105–205, Pt. 3. February 4, 1998. p. 213.
- "Fogel, Jeremy D. - Federal Judicial Center". www.fjc.gov.
- "Jeremy Fogel: Courses and Programs". Stanford Law School. Retrieved May 4, 2011.
- "Senate Confirms Fogel To Federal Judgeship". San Francisco Chronicle. March 18, 1998. Retrieved May 4, 2011.
- "California Judge Orders District To Allow Opting Out of Channel 1". Education Week. December 2, 1992. Archived from the original on March 19, 2012.
- Gaura, Maria Alicia (April 2, 1997). "Transit Tax Takes Effect Despite Court Challenge". San Francisco Chronicle. pp. A15.
- Gaura, Maria Alicia (April 4, 1997). "Transit Sales Tax Survives Challenge". San Francisco Chronicle. pp. A1.
- Lee, Henry K. (January 7, 2011). "FBI employee in S.F. convicted of lying". San Francisco Chronicle. pp. C5.
- Egelko, Bob (January 9, 2010). "2 get prison for scamming 24 Hour Fitness". San Francisco Chronicle. pp. C2.
- Lee, Henry K. (August 3, 2010). "San Mateo man gets prison in $5 million tax scam". San Francisco Chronicle. Retrieved May 4, 2011.
- Lee, Henry K. (October 2, 2009). "Robber who hit bank 3 times gets 18-year term". San Francisco Chronicle. pp. E3.
- Lee, Henry K. (December 4, 2008). "Ex-NASA worker, 64, gets jail for kid porn". San Francisco Chronicle. pp. B3.
- Evangelista, Benny (October 31, 2009). "Spammer ordered to pay Facebook $711 million". San Francisco Chronicle. p. DC1.
- Egelko, Bob (December 15, 2006). "Judge says California's lethal-injection method is flawed". San Francisco Chronicle. Retrieved May 4, 2011.
- "Judge Rules California's Current Lethal Injection Procoedure for Death Row Inmates is Unconstitutional, "But Can Be Fixed"". news.findlaw.com. FindLaw. Retrieved 12 September 2018.
- Finz, Stacy; Egelko, Bob; Fagan, Kevin (February 22, 2006). "State postpones Morales execution". San Francisco Chronicle. p. A1. Retrieved May 4, 2011.
- Egelko, Bob (September 29, 2010). "San Quentin execution blocked by judge". San Francisco Chronicle. Retrieved May 4, 2011.
- "Judge Fogel and the Death Penalty". The New York Times. February 11, 2011. pp. A26.
- Peters, Keith (November 20, 2008). "There's some big ambitions heading into the annual Big Game". Palo Alto Online. Retrieved May 4, 2011.
Robert Peter Aguilar
| Judge of the United States District Court for the Northern District of California