John T. Elfvin

John Thomas Elfvin (June 30, 1917 – January 6, 2009) was an American lawyer and jurist who served as a United States District Judge of the United States District Court for the Western District of New York.

John T. Elfvin
Senior Judge of the United States District Court for the Western District of New York
In office July 1, 1987 – January 6, 2009
Judge of the United States District Court for the Western District of New York
In office December 21, 1974 – July 1, 1987
Appointed by	Gerald Ford
Preceded by	John Oliver Henderson
Succeeded by	Richard Joseph Arcara
Personal details
Born	John Thomas Elfvin June 30, 1917 Montour Falls, New York
Died	January 6, 2009 (aged 91) Lancaster, New York
Education	Cornell University (B.E.E.) Georgetown Law (J.D.)

Early life and education

Born in Montour Falls, New York, Elfvin received his Bachelor of Electrical Engineering degree from Cornell University in 1942 and was a member of Phi Kappa Tau fraternity there. He earned his Juris Doctor in 1947 from the Georgetown Law following service in the United States Navy as an electrical engineer in the Bureau of Ships during World War II, from 1943 to 1946.

Career

Elfvin clerked for Judge E. Barrett Prettyman of the United States Court of Appeals for the District of Columbia Circuit from 1947 to 1948. After private practice in New York City at Cravath, Swaine & Moore and for several firms in Buffalo, New York, he served three years as Assistant United States Attorney from 1955 to 1958. He returned to private practice in Buffalo from 1958 to 1969 during which time he was a member of the Board of Supervisors for Erie County, New York, a member of the Buffalo Common Council. He served as the Minority Leader in 1966. Elfvin served one year on the Supreme Court of New York in 1969 and returned to private practice before becoming United States Attorney for the Western District of New York in 1972.[1]

Federal judicial service

On December 9, 1974, Elfvin was nominated by President Gerald Ford to a seat on the United States District Court for the Western District of New York vacated by Judge John Oliver Henderson.[2] Elfvin was confirmed by the United States Senate on December 20, 1974, and received his commission the following day. Elfvin assumed senior status on July 1, 1987, and took inactive senior status, on October 5, 2007, meaning that while he remained a federal judge, he no longer heard cases or participated in the business of the court.[1]

Controversy

Elfvin's independence sometimes caused controversy. He was admonished by the 2nd Circuit Court of Appeals for a failure to follow remand instructions, the latest instance being in United States v. Benjamin (05-3677-cr), about which the court stated, "This is, therefore, the third case in two years, in which Judge Elfvin failed in the initial sentencing proceeding to comply with the requirements of notice and explanation for the imposition of a non-Guidelines sentence and then, on remand, failed to follow a direction of this court to comply with those requirements. This pattern of behavior is disturbing evidence of willfulness. The need to remove Judge Elfvin from this case being self-evident, we order reassignment to a different Judge". However, the United States Supreme Court, in United States v. Booker, 543 U.S. 220 (2005), ultimately agreed with Elfvin, without citing the Benjamin case, in determining that the United States Sentencing Guidelines are not mandatory.

Honor

In 2005 he received the prestigious Outstanding Jurist award of the Bar Association of Erie County for his contributions to the administration of justice. He was a favorite of trial lawyers, described as a "trial lawyers' judge" based on his excellent judicial temperament, work ethic, attention to detail and knowledge of the law.

Death

Elfvin died January 6, 2009 at a Lancaster, New York nursing home.[3] He was survived by his wife (since 1960), the former Peggy Pierce, who died in 2012.

References

1. John Thomas Elfvin at the Biographical Directory of Federal Judges, a public domain publication of the Federal Judicial Center.
2. President (1974-1977 : Ford). White House Press Release Unit (6 December 1974). "Elfin, John T. - U.S. District Judge for Western District of New York [Biography]" – via US National Archives Research Catalog.
3. "U.S. Judge John T. Elfvin, 91, dies Known for doing things his way". 6 January 2009.

Sources

• Herbeck, Dan. Retired federal Judge John T. Elfvin dies at 90. The Buffalo News. 6 January 2009.
• John Thomas Elfvin at the Biographical Directory of Federal Judges, a public domain publication of the Federal Judicial Center.