polished schiavo case and career section.
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|Confirmation =
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|Approval = Voice vote
|Approval = Voice vote
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|Active = ''5/25/2000 - Present''
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|Active = ''5/25/2000-Present''
|Chief =
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|Senior =
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|Party =
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|Bachelors = U. of Florida, B.A., 1974
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|Bachelors = U. of Florida,
B.S.
B.A., 1974
|Law = Stetson U. Law, J.D., 1977
|Law = Stetson U. Law, J.D., 1977
|Graduate =
|Graduate =
}}{{tnr}}
}}{{tnr}}
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{{Intro label|text= '''James D. Whittemore''' is an [[Federal judge|Article III federal judge]] for the [[U.S. District Court for the Middle District of Florida|United States District Court for the Middle District of Florida]]. He joined the court in 2000 after being nominated by President [[Federal judges nominated by Bill Clinton|Bill Clinton]]. Prior to appointment, Whittemore was a Circuit Court Judge for the [[Florida Thirteenth Circuit Court|Thirteenth Judicial Circuit Court of Florida]].<ref name="WhittemoreFJC">[http://www.fjc.gov/servlet/nGetInfo?jid=2872&cid=53&ctype=dc&instate=fl Judge Whittemore's Biography at the Federal Judicial Center]</ref>
+
{{Intro label|text= '''James D. Whittemore''' is an [[Federal judge|Article III federal judge]] for the [[U.S. District Court for the Middle District of Florida|United States District Court for the Middle District of Florida]]. He joined the court in 2000 after being nominated by President [[Federal judges nominated by Bill Clinton|Bill Clinton]]. Prior to
his
appointment, Whittemore was a Circuit Court Judge for the [[Florida Thirteenth Circuit Court|Thirteenth Judicial Circuit Court of Florida]].<ref name="WhittemoreFJC">[http://www.fjc.gov/servlet/nGetInfo?jid=2872&cid=53&ctype=dc&instate=fl Judge Whittemore's Biography at the Federal Judicial Center]</ref>
−
In 2005, James Whittemore was the presiding judge in the case involving the legal battle between the parents of Terri Schiavo
and Terri Schiao's husband, Michael
.}}
+
In 2005, James Whittemore was the presiding judge in the case involving the legal battle between the parents
and husband
of
[[#Notable cases|
Terri Schiavo
]]
.}}
==Early life and education==
==Early life and education==
−
A native of [[South Carolina]], Whittemore graduated from the University of Florida with a
bachelor's
in Business Administration
degree
in 1974
and
from the Stetson University College of Law
with his [[J.D.]] degree
in 1977.<ref name="WhittemoreFJC"/>
+
A native of [[South Carolina]], Whittemore graduated from the University of Florida with a
Bachelor of Science
in Business Administration in 1974
. He received his [[Juris Doctorate]] degree
from the Stetson University College of Law in 1977.<ref name="WhittemoreFJC"/>
==Professional career==
==Professional career==
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|Record =
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|RenomRecord =
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|ReportDate =
January 16, 2014
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|ReportDate =
|PastReport =
|PastReport =
|ConfirmDate = May 24, 2000
|ConfirmDate = May 24, 2000
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|Withdraw =
|Withdraw =
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}}
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On the recommendation of U.S. Senator [[wikipedia:Bob Graham|Bob Graham]], Whittemore was nominated by President [[Federal judges nominated by Bill Clinton|Bill Clinton]] on October 20, 1999 to a new judgeship created by 113 Stat. 1501 which was approved by {{BP|Congress}}.
+
On the recommendation of U.S. Senator [[wikipedia:Bob Graham|Bob Graham]], Whittemore was nominated by President [[Federal judges nominated by Bill Clinton|Bill Clinton]] on October 20, 1999 to a new judgeship created by 113 Stat. 1501
,
which was approved by {{BP|Congress}}.
<ref>[http://www.gpo.gov/fdsys/pkg/PLAW-106publ113/pdf/PLAW-106publ113.pdf ''GPO.gov'' "Public Law 106–113
+
106th Congress," November 29, 1999]</ref>
The [[American Bar Association]] rated Whittemore ''Unanimously Well Qualified''.<ref>[http://www.americanbar.org/content/dam/aba/migrated/2011_build/federal_judiciary/ratings106.authcheckdam.pdf ''American Bar Association'', "Ratings of the Article III Judicial Nominees 106th Congress," accessed March 17, 2014]</ref>
The [[American Bar Association]] rated Whittemore ''Unanimously Well Qualified''.<ref>[http://www.americanbar.org/content/dam/aba/migrated/2011_build/federal_judiciary/ratings106.authcheckdam.pdf ''American Bar Association'', "Ratings of the Article III Judicial Nominees 106th Congress," accessed March 17, 2014]</ref>
−
Whittemore had a hearing before the [[Senate Judiciary Committee]] on February 22, 2000.
Whittemore
was confirmed by the U.S. {{BP|Senate}} on May 24, 2000 on a voice vote and received commission on [[c2000#May|May 25, 2000]].<ref name="WhittemoreFJC" />
+
Whittemore had a hearing before the [[Senate Judiciary Committee]] on February 22, 2000.
He
was confirmed by the U.S. {{BP|Senate}} on May 24, 2000 on a voice vote
,
and
he
received commission on [[c2000#May|May 25, 2000]].<ref name="WhittemoreFJC"/>
==Notable cases==
==Notable cases==
−
{{Notable case format|Level = Judge|Title = Terri Schiavo case (2005)|Case Link = http://www.leagle.com/decision/20051735357FSupp2d1378_11601 |Case name = ''SCHIAVO EX REL. SCHINDLER v. SCHIAVO'' |Case number = 8:05-CV-530-T-27TBM|Case status = Closed|Judge = [[James Whittemore]]|Court=United States District Court for the Middle District of Florida|Text = Judge Whittemore was the presiding judge in a case where the
family
of Terri Schiavo
was
suing to keep her
on life support
as they believed she was not afforded due process by the [[Florida]] state courts. The other party in the case was Michael Schiavo, husband of Terri, who wanted the
life support
removed in concurrence with Terri's wishes if she was found to be in a vegetative state. The case came before Judge Whittemore after the {{BP|Congress}} passed a bill on March 21, 2005 at 12:30 a.m. that was signed in to law by [[George W. Bush]]
that
allowed the [[United States District Court for the Middle District of Florida]] to have the ability to review the case. The case was heard by Whittemore on the same day the bill was passed and signed and his opinion was issued on March 22nd.
+
{{Notable case format|Level = Judge|Title = Terri Schiavo case (2005)|Case Link = http://www.leagle.com/decision/20051735357FSupp2d1378_11601 |Case name = ''SCHIAVO EX REL. SCHINDLER v. SCHIAVO'' |Case number = 8:05-CV-530-T-27TBM|Case status = Closed|Judge = [[James Whittemore]]|Court=United States District Court for the Middle District of Florida|Text = Judge Whittemore was the presiding judge in a case where the
parents
of Terri Schiavo
, Robert and Mary Schindler, were
suing to keep her
feeding tube inserted,
as they believed she was not afforded due process by the [[Florida]] state courts. The other party in the case was Michael Schiavo, husband of Terri, who wanted the
feeding tube
removed in concurrence with Terri's wishes if she was found to be in a vegetative state. The case came before Judge Whittemore after the {{BP|Congress}} passed a bill on March 21, 2005 at 12:30 a.m. that was signed in to law by [[George W. Bush]]
. The law
allowed the [[United States District Court for the Middle District of Florida]] to have the ability to review the case. The case was heard by Whittemore on the same day the bill was passed and signed and
,
his opinion was issued on March 22nd.
'''Whittemore's ruling'''
'''Whittemore's ruling'''
−
Schiavo's parents brought five counts before Judge Whittemore, three counts of violation of Terri's [[Fourteenth Amendment]] and two counts of violation of freedom to exercise religious freedom. Whittemore found there were no grounds to issue an injunction on the five counts presented to him. The first claim was that Terri Schiavo's Fourteenth Amendment rights were violated when Judge [[George W. Greer]]
heard and
ruled on guardianship of Terri
Schiavo
in 2001 and
heard and
ruled on the
removing
of Terri's feeding tube in 2005. The claim stated that he became an advocate for Schiavo's death when he ruled in favor of Michael Schiavo remaining as the guardian. Whittemore dismissed this claim stating:
+
Schiavo's parents brought five counts before Judge Whittemore, three counts of violation of Terri's [[Fourteenth Amendment]]
rights
and two counts of violation of freedom to exercise religious freedom. Whittemore found there were no grounds to issue an injunction on the five counts presented to him. The first claim was that Terri Schiavo's Fourteenth Amendment rights were violated when Judge [[George W. Greer]] ruled on guardianship of Terri in 2001 and
also
ruled on the
removal
of Terri's feeding tube in 2005. The claim stated that he became an advocate for Schiavo's death when he ruled in favor of Michael Schiavo remaining as the guardian. Whittemore dismissed this claim stating:
−
{{Quote| Plaintiffs' argument effectively ignores the
rold
of the presiding judge as judicial fact-finder and decision-maker under the Florida statutory scheme. By fulfilling his statutory judicial responsibilities, the judge was not transformed into an advocate merely because his rulings are unfavorable to a litigant. Plaintiffs' contention that the statutory scheme followed by Judge Greer deprived Theresa Schiavo of an impartial trial is accordingly without merit. Defendant is correct that no federal constitutional right is implicated when a judge merely grants relief to a litigant in accordance with the law he is sworn to uphold and follow.<ref name=Schiavo1>[https://umshare.miami.edu/web/wda/ethics/documents/schivao/032205_fed_ct_order.pdf ''University of Miami'', "Schiavo ex rel. Schindler v. Schiavo," March 22, 2005]</ref>}}
+
{{Quote| Plaintiffs' argument effectively ignores the
role
of the presiding judge as judicial fact-finder and decision-maker under the Florida statutory scheme. By fulfilling his statutory judicial responsibilities, the judge was not transformed into an advocate merely because his rulings are unfavorable to a litigant. Plaintiffs' contention that the statutory scheme followed by Judge Greer deprived Theresa Schiavo of an impartial trial is accordingly without merit. Defendant is correct that no federal constitutional right is implicated when a judge merely grants relief to a litigant in accordance with the law he is sworn to uphold and follow.<ref name=Schiavo1>[https://umshare.miami.edu/web/wda/ethics/documents/schivao/032205_fed_ct_order.pdf ''University of Miami'', "Schiavo ex rel. Schindler v. Schiavo," March 22, 2005]</ref>}}
−
The second Fourteenth Amendment claim was that Terri's
rights
of due process
were
violated when Judge [[George W. Greer|Greer]] failed to appoint a guardian ''ad litem'', or guardian for the suit. Schiavo's parents claimed that since there was no independent attorney for Terri she did not have access to due process. Again Judge Whittemore found that Terri's due process was upheld in that both her parents and Michael Schiavo adequately represented her on the state court level and another
,
court appointed
,
lawyer would not have provided more protection for Ms. Schiavo.<ref name=Schiavo1/> The third count of violation of the [[Fourteenth Amendment]], the right to equal protection of the law, was found to have no merit on the same grounds as the first count.
+
The second Fourteenth Amendment claim was that Terri's
right
of due process
was
violated when Judge [[George W. Greer|Greer]] failed to appoint a guardian ''ad litem'', or guardian for the suit. Schiavo's parents claimed that since there was no independent attorney for Terri she did not have access to due process. Again Judge Whittemore found that Terri's due process was upheld in that both her parents and Michael Schiavo adequately represented her on the state court level and another court appointed lawyer would not have provided more protection for Ms. Schiavo.<ref name=Schiavo1/> The third count of violation of the [[Fourteenth Amendment]], the right to equal protection of the law, was found to have no merit on the same grounds as the first count.
−
The fourth and fifth counts claimed that Ms. Schiavo's religious freedoms were restricted by the court's ruling in that the removal of the feeding tube was
in contradiction
to her Roman Catholic faith. Whittemore stated in his ruling that those protections were only
provide
from the state and the Plaintiffs
'
failed to prove that either Mr. Schiavo or the Defendant Hospice were acting on behalf of the state. Judge Whittemore denied the request for a Temporary Restraining Order to keep the feeding tube inserted.
+
The fourth and fifth counts claimed that Ms. Schiavo's religious freedoms were restricted by the court's ruling in that the removal of the feeding tube was
contrary
to her Roman Catholic faith. Whittemore stated in his ruling that those protections were only
provided
from the state
,
and the Plaintiffs failed to prove that either Mr. Schiavo or the Defendant Hospice were acting on behalf of the state. Judge Whittemore denied the request for a Temporary Restraining Order to keep the feeding tube inserted.
'''Eleventh Circuit's affirmation and subsequent amendments'''
'''Eleventh Circuit's affirmation and subsequent amendments'''
−
On March 23, 2005, Whittemore's ruling was affirmed by the [[Eleventh Circuit Court of Appeals]] by a three judge panel
,
the opinion can be found [https://umshare.miami.edu/web/wda/ethics/documents/schivao/032305_11th_Cir.pdf here].
And an
appeal to have the [[Eleventh Circuit]] hear the case ''en banc'', by the whole court, was denied.<ref>[https://umshare.miami.edu/web/wda/ethics/documents/schivao/032305_11th_Cir_Rehearing_Denial.pdf ''University of Miami'', "Schiavo ex rel. Schindler v. Schiavo 11th Cir.," March 23, 2005]</ref> The [[Supreme Court of the United States]] chose not to review the case on March 24th. The case would return to Judge Whittemore one more time on March 25th with five new amendments to the original case
, the
new counts again focused on a lack of due process and improper representation, but this time added an [[Eighth Amendment to the United States Constitution|Eighth Amendment]] claim about cruel and unusual punishment and claims naming The Americans with Disabilities Act and The Rehabilitation Act of 1973. Again the claims by Ms. Schiavo's parents were denied on the grounds that the lower courts had ruled correctly and Hospice care was acting
correctly
.<ref>[https://umshare.miami.edu/web/wda/ethics/documents/schivao/032505-DCt-2d-TRO-Order.pdf ''University of Miami'', "Schiavo ex rel. Schindler v. Schiavo," March 25, 2005]</ref> Terri Schiavo passed away on March 31, 2005, nine days after Whittemore's ruling.<ref>[http://www.miami.edu/index.php/ethics/projects/schiavo/schiavo_timline2/ ''University of Miami'', "Schiavo Timeline, Part 2," accessed March 18, 2014]</ref>
+
On March 23, 2005, Whittemore's ruling was affirmed by the [[Eleventh Circuit Court of Appeals]] by a three judge panel
;
the opinion can be found [https://umshare.miami.edu/web/wda/ethics/documents/schivao/032305_11th_Cir.pdf here].
An
appeal to have the [[Eleventh Circuit]] hear the case ''en banc'', by the whole court, was denied.<ref>[https://umshare.miami.edu/web/wda/ethics/documents/schivao/032305_11th_Cir_Rehearing_Denial.pdf ''University of Miami'', "Schiavo ex rel. Schindler v. Schiavo 11th Cir.," March 23, 2005]</ref> The [[Supreme Court of the United States]] chose not to review the case on March 24th. The case would return to Judge Whittemore one more time
,
on March 25th
,
with five new amendments to the original case
. The
new counts again focused on a lack of due process and improper representation, but this time added an [[Eighth Amendment to the United States Constitution|Eighth Amendment]] claim about cruel and unusual punishment and claims naming The Americans with Disabilities Act and The Rehabilitation Act of 1973. Again the claims by Ms. Schiavo's parents were denied on the grounds that the lower courts had ruled correctly and Hospice care was acting
in accordance with previous rulings
.<ref>[https://umshare.miami.edu/web/wda/ethics/documents/schivao/032505-DCt-2d-TRO-Order.pdf ''University of Miami'', "Schiavo ex rel. Schindler v. Schiavo," March 25, 2005]</ref> Terri Schiavo passed away on March 31, 2005, nine days after Whittemore's ruling.<ref>[http://www.miami.edu/index.php/ethics/projects/schiavo/schiavo_timline2/ ''University of Miami'', "Schiavo Timeline, Part 2," accessed March 18, 2014]</ref>
}}
}}