Robert Clive Jones

Robert Clive Jones (born July 21, 1947) is a Senior United States District Judge of the United States District Court for the District of Nevada. He served as the Chief United States District Judge from 2011 to 2014.

Robert Clive Jones
Senior Judge of the United States District Court for the District of Nevada
Incumbent
Assumed office February 1, 2016
Chief Judge of the United States District Court for the District of Nevada
In office 2011 – January 1, 2014
Preceded by	Roger L. Hunt
Succeeded by	Gloria Navarro
Judge of the United States District Court for the District of Nevada
In office November 30, 2003 – February 1, 2016
Appointed by	George W. Bush
Preceded by	David Warner Hagen
Judge of the Bankruptcy Appellate Panel for the Ninth Circuit
In office 1986–1999
Judge of the United States Bankruptcy Court for the District of Nevada
In office February 1983 – 1999
Personal details
Born	Robert Clive Jones (1947-07-21) July 21, 1947[1] Las Vegas, Nevada
Spouse(s)	Anita M. Bunker[1]
Education	Brigham Young University (B.S.) UCLA School of Law (J.D.)
Military service
Branch/service	United States Army
Years of service	1971-1972 (NVANG) 1972-1977 (CAANG)
Rank	Staff Sergeant[1]
Unit	Nevada Army National Guard California Air National Guard

Early life, education, accounting career, and National Guard Service

Jones was born in Las Vegas. He graduated with a Bachelor of Science degree from Brigham Young University where he majored in English, accounting and economics in 1971, becoming a CPA soon after graduation. Jones attended UCLA School of Law, where he was an editor of the UCLA Law Review, receiving a Juris Doctor.[2] He served in the United States Army National Guard from 1971–1972, and then in the United States Air National Guard from 1972–1977.

Legal career

In 1975, Jones was a law clerk to Judge John Clifford Wallace of the United States Court of Appeals for the Ninth Circuit. From 1976–1982, he was in private practice.

Judicial career

Bankruptcy judge

Jones was appointed by the U.S. Court of Appeals for the Ninth Circuit as a bankruptcy judge from 1983–1999, serving as Chief Judge from 1984–1993.[3] He was also appointed to the Bankruptcy Appellate Panel for the Ninth Circuit from 1986–1999. For six years, he served on the national Judicial Conference Committee on codes of conduct, handling ethics issues for federal judges throughout the nation.

District judge

On June 9, 2003, Jones was nominated by President George W. Bush to a seat on the United States District Court for the District of Nevada vacated by David Warner Hagen. Jones was unanimously confirmed by the United States Senate on October 2, 2003, and received commission on November 30, 2003. He assumed senior status on February 1, 2016.[3]

Notable cases

In August 2012, Jones held that Nevada's election law giving voters the ability to select "None of These Candidates" was unconstitutional. The following month, a three-judge panel of the United States Court of Appeals for the Ninth Circuit blocked the preliminary injunction issued by Jones, granting an emergency stay.[4][5] One member of that panel, Judge Stephen Reinhardt, criticized Jones' handling of the case: "His dilatory tactics appear to serve no purpose other than to seek to prevent the state from taking an appeal of his decision before it prints the ballots.... Such arrogance and assumption of power by one individual is not acceptable in our judicial system."[6] The case was ultimately dismissed for lack of standing.[5]

In November 2012, in the case of Sevcik v. Sandoval, Jones ruled that Nevada's denial of marriage rights to same-sex couples does not violate the Equal Protection Clause of the U.S. Constitution.[7][8] Jones stated that,"a meaningful percentage of heterosexual persons would cease to value the civil institution as highly as they previously had and hence enter into it less frequently." He also wrote that adoption is "not an alternative means of creating children, but rather a social backstop for when traditional biological families fail." In October 2014, a unanimous panel of the Ninth Circuit reversed Jones's ruling and directed him to promptly enjoin the state of Nevada from "preventing otherwise qualified same-sex couples from marrying."[9] However, instead of issuing the order, Jones issued an order recusing himself the next day.[10]

In August 2013, Jones was the only Chief Judge from each of the 50 states that did not sign a letter to the leaders of the United States Congress urging them to avoid further sequestration related budget cuts. The letter explained that further cuts would have a "devastating and long-lasting impact" on federal courts.[11]

In September 2015, having cited case law that raised concerns about "exhibit[ing] personal bias," the Ninth Circuit identified Jones as having "well established and inappropriately strong" feelings against out-of-state attorneys and directed reassignment of one of his cases to a different judge in order "to maintain the appearance of justice."[12]

In January 2016, the Ninth Circuit reversed a decision by him in a case involving a claim for damages by the federal government against ranchers who grazed their cattle on federal property without a permit.[13] The Ninth Circuit stated that Judge Jones's rulings in the case were "plainly" and "clearly" contrary to law;[14] that he had "grossly abused the power of contempt";[15] that he had "harbored animus" against federal agencies;[13] that his "bias" was a "matter of public record";[13] and that he had engaged in "improper treatment of government officials" in a previous case.[16] The Ninth Circuit stated that it had "expressed concern about Judge Jones' conduct in several other recent cases."[17] In remanding the case to the district court for further proceedings, the panel ordered the assignment of the case to a different judge due to the appearance of bias created by Judge Jones' conduct during the case.[18]

In March 2016, the Ninth Circuit removed Jones from hearing a case between Burning Man and Pershing County, Nevada. In its ruling, the Ninth Circuit stated the judge had no legal basis to reject a settlement the parties had entered into and expressed concern about how Jones conducted the proceedings.[19][20]

Personal life

Jones is married to Michele Bunker and is a member of The Church of Jesus Christ of Latter-day Saints and has served in several positions in the church including bishop. He was a missionary in Japan from 1966 to 1969.[2]

References

1. Confirmation hearing on federal appointments : hearing before the Committee on the Judiciary, United States Senate, One Hundred Eighth Congress, first session. pt.4 (2003) - page 749
2. Cannon, Mark W. (November 6, 2004). "LDS federal judges raising the bar". Church News. Archived from the original on May 17, 2014. Retrieved November 30, 2012.
3. "Jones, Robert Clive - Federal Judicial Center". www.fjc.gov.
4. Debra Cassens Weiss, In 'Remarkable Smackdown,' 9th Circuit Allows Nevadans to Vote for None of the Above, ABA Journal (September 6, 2012).
5. "None of These Candidates": Townley v. Nevada (Robert C. Jones, D. Nev. 3:12-cv-310), Case Studies in Emergency Election Litigation, Federal Judicial Center.
6. "Nevadans to keep "none of the above" ballot option". CBS News. September 5, 2012. Retrieved November 30, 2012.
7. Sevcik v. Sandoval, 911 F. Supp. 2d 996 (D. Nev. 2012).
8. Geidner, Chris (November 29, 2012). "Federal Judge Rules Nevada Can Ban Same-Sex Couples From Marriage". BuzzFeed Politics. Retrieved November 30, 2012.
9. Latta v. Otter, 771 F.3d 456, 476–77 (2014).
10. Sevcik v. Sandoval, No. 2:12-cv-578 (October 8, 2014) (R. 117).
11. Sherman, Mark (August 16, 2013). "Judges urge Congress to avoid more sequestration cuts". The Washington Post.
12. Nat'l Council of La Raza v. Cegavske, 800 F.3d 1032, 1045, 1046 (9th Cir. 2015).
13. United States v. Estate of Hage, No. 13-16974, 2016 U.S. App. LEXIS 733 (9th Cir. January 15, 2016).
14. United States v. Estate of Hage, No. 13-16974, 2016 U.S. App. LEXIS 733 (9th Cir. January 15, 2016)., slip op. at 20 ("Rather than simply resolving the fact-specific inquiries as to when and where the cattle grazed illegally, the district court applied an 'easement by necessity' theory that plainly contravenes the law. The district court also encouraged Defendants to file a counterclaim that was clearly time barred.").
15. United States v. Estate of Hage, No. 13-16974, 2016 U.S. App. LEXIS 733 (9th Cir. January 15, 2016)., slip op. at 21 ("[T]he court grossly abused the power of contempt by holding two federal agency officials in contempt of court for taking ordinary, lawful actions that had no effect whatsoever on this case." (citation omitted)).
16. United States v. Estate of Hage, No. 13-16974, 2016 U.S. App. LEXIS 733 (9th Cir. January 15, 2016)., slip op. at 23.
17. United States v. Estate of Hage, No. 13-16974, 2016 U.S. App. LEXIS 733 (9th Cir. January 15, 2016)., slip op. at 24.
18. United States v. Estate of Hage, No. 13-16974, 2016 U.S. App. LEXIS 733 (9th Cir. January 15, 2016)., slip op. at 25.
19. Sonner, Scott (March 3, 2016). "9th Circuit Rules on Burning Man, Slaps Judge in Reno Again". Sacramento Bee. Archived from the original on March 4, 2016.
20. Block Rock City, LLC v. Pershing Cnty. Bd. of Comm'rs, No. 14-15221 (9th Cir. Mar. 2, 2016) (unpublished), available via USCourts.gov or Archive.org.

External links

• Robert Clive Jones at the Biographical Directory of Federal Judges, a public domain publication of the Federal Judicial Center.

Legal offices
Preceded by David Warner Hagen	Judge of the United States District Court for the District of Nevada 2003–2016	Vacant