Carlos Bea

Carlos Tiburcio Bea (born April 18, 1934) is a Senior United States Circuit Judge of the United States Court of Appeals for the Ninth Circuit. He was appointed to that court by President George W. Bush in 2003 to replace Judge Charles Edward Wiggins.[1]

Carlos Tiburcio Bea
Senior Judge of the United States Court of Appeals for the Ninth Circuit
Assumed office
December 12, 2019
Judge of the United States Court of Appeals for the Ninth Circuit
In office
October 1, 2003 – December 12, 2019
Appointed byGeorge W. Bush
Preceded byCharles E. Wiggins
Succeeded byPatrick J. Bumatay
Personal details
Born
Carlos Tiburcio Bea

(1934-04-18) April 18, 1934
San Sebastián, Spain
EducationStanford University (B.A.)
Stanford Law School (J.D.)

Biography

Bea was born in San Sebastian, Spain and emigrated with his family in 1939 to Cuba. While present under a non-immigrant visa, he studied at Stanford University and received his Bachelor of Arts degree there in 1956. He joined Delta Tau Delta International Fraternity[2] while at Stanford. In 1952, Bea represented Cuba as a member of the country's basketball team in the Helsinki Olympics.[3] Upon his return, he was put into deportation proceedings for allegedly avoiding the draft. Bea suggested to the Immigration Judge that he be drafted to cure the apparent violation, but the Judge refused as the Korean War had already ended. Bea won his appeal at the Board of Immigration Appeals, opining that the lower court had abused its discretion. After having his residency reinstated and accumulating the requisite physical presence, Bea petitioned for and became a naturalized citizen in 1959. He attended Stanford Law School and received his Juris Doctor in 1958. He was in private practice in California after that, but in 1990 he became a trial judge on the San Francisco County Superior Court. He served there until his appointment to the Ninth Circuit in 2003.

Federal judicial service

Bush nominated Bea to the Ninth Circuit on April 11, 2003.[4] The United States Senate then confirmed him on September 29, 2003 by a vote of 86–0, and Bea received his commission on October 1, 2003.[5]

Bea had previously been nominated in 1991 to be a federal district judge for the United States District Court for the Northern District of California by President George H. W. Bush, but he never received a vote in the Senate.

On October 10, 2017, Bea dissented when an en banc panel ruled that the 2nd amendment does not give the right to sell firearms. [6]

On October 31, 2019, Bea dissented when the court upheld a conviction where the convict's silence was used against him. Bea wrote that it could not be that non-silence can prove someone's guilt, and concluded that Garcia's silence was used against him, as silence cannot be self-incrimination.[7]

Bea has announced that he will take senior status upon the nomination, confirmation and appointment of his successor.[8] He assumed senior status on December 12, 2019.

Personal

His son is Olympic rower Sebastian Bea.[4]

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References
  1. Carlos Tiburcio Bea Archived March 4, 2012, at the Wayback Machine
  2. The Rainbow, vol. 132, no. 4, p. 20
  3. Evans, Hilary; Gjerde, Arild; Heijmans, Jeroen; Mallon, Bill; et al. "Carlos Bea Olympic Results". Olympics at Sports-Reference.com. Sports Reference LLC. Archived from the original on April 18, 2020. Retrieved June 17, 2018.
  4. "San Francisco Superior Court Judge Carlos Bea Nominated to Ninth Circuit Court of Appeals". Metropolitan News-Enterprise. April 16, 2003. Retrieved August 8, 2012.
  5. "U.S. Senate: U.S. Senate Roll Call Votes 108th Congress - 1st Session".
  6. |url=http://cdn.ca9.uscourts.gov/datastore/opinions/2017/10/10/13-17132.pdf|
  7. http://cdn.ca9.uscourts.gov/datastore/opinions/2019/10/31/17-50323.pdf
  8. "Openly Gay Prosecutor Could Again be Trump Appeals Court Pick (1)". Bloomberg Law.
Legal offices
Preceded by
Charles E. Wiggins		 Judge of the United States Court of Appeals for the Ninth Circuit
2003–2019		 Succeeded by
Patrick J. Bumatay
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