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Oral history interview with Edward Leavy, 2004 March 2-April 13
Overview of the Collection
- Interviewee
- Leavy, Edward, 1929-
- Title
- Oral history interview with Edward Leavy
- Dates
- 2004 March 2-April 13 (inclusive)2004-03-022004-04-13
- Quantity
- .1 cubic feet, (15 audiocassettes (15 hr., 2 min., 36 sec.) + transcript (239 pages))
- Collection Number
- SR 1286
- Summary
- Oral history interview with Edward Leavy conducted by Clark Hansen from March 2 to April 13, 2004, as part of the United States District Court Oral History Project. Leavy was a judge for the U.S. Court of Appeals for the Ninth Circuit.
- Repository
-
Oregon Historical Society Research Library
1200 SW Park Avenue
Portland, OR
97205
Telephone: 503-306-5240
Fax: 503-219-2040
libreference@ohs.org - Access Restrictions
-
Collection is open for research.
- Languages
- English
- Sponsor
- This project is supported in whole or part by the Institute of Museum and Library Services through the Library Services and Technology Act, administered by the State Library of Oregon.
Biographical NoteReturn to Top
Edward Leavy was born near Aurora, Oregon, in 1929. He attended the University of Portland, graduating in 1950. He then attended Notre Dame Law School, where he earned his law degree in 1953. He met Eileen Hagenauer while in high school, and they married in 1951; they later had four children. He returned to Oregon after graduation, and worked in private law practice in Eugene for a year. In 1954, he became a deputy district attorney for Lane County. He was appointed to the Lane County District Court in 1957, re-elected to that bench in 1958, and then elected to the Lane County Circuit Court in 1960. He spent some time as a justice pro tempore for the Oregon Supreme Court. He was a magistrate for the U.S. District Court of Oregon from 1976 to 1984. In 1984, President Ronald Reagan appointed him as a judge to that same court, and in 1987, Reagan appointed him to the U.S. Court of Appeals for the Ninth Circuit. He took senior status in 1997. In 2001, U.S. Supreme Court Justice William Rehnquist appointed him to the United States Foreign Intelligence Surveillance Court of Review, and in 2005, he became presiding judge of that court. His term expired in 2008, but he continues to serve as a senior judge for the U.S. Court of Appeals for the Ninth Circuit. In 2016, he was awarded the Edward J. Devitt Distinguished Service to Justice Award.
Other Descriptive InformationReturn to Top
Forms part of the United States District Court Oral History Project.
Content DescriptionReturn to Top
This oral history interview with Edward Leavy was conducted by Clark Hansen in Leavy's chambers at the U.S. District Courthouse (known as the Mark O. Hatfield U.S. Courthouse) in Portland, Oregon, from March 2 to April 13, 2004. The portion of the interview conducted on March 30, 2004 (Tapes 10 through 12) appears to have been simultaneously recorded on audiocassette and video. In the audio recording, the parties make reference to the video recording, which is not included in this collection.
In this interview, Leavy discusses his family background and early life on a hops farm in Butteville, Oregon, including his memories of the Depression and his education. He talks about attending the University of Portland and studying at Notre Dame Law School, including his reasons for attending Catholic schools. He also speaks about how his faith informs his morality and judicial decisions, particularly regarding the Fifth Amendment. He discusses serving as a deputy district attorney for Lane County and some of the cases he prosecuted. He reflects at length upon the byzantine workings of the justice system, its strengths and weaknesses, and a judge's role within it.
Leavy discusses his election to the positions of Lane County District Court judge and Circuit Court judge, as well as the elections of other judges in Oregon. He talks about some of the cases he heard and some decisions of his that were reversed. He speaks at length about many of the judges he knew, including Ted Goodwin and Otto Skopil. He discusses the differences between state and federal courts. Leavy describes the magistrate system during the years he was a U.S. Magistrate for the U.S. District Court of Oregon. He then speaks at length about mediating cases and reaching settlements. He discusses some controversial issues he's had to rule on, including drug use, the death penalty, and abortion. He also speaks briefly about his family life.
Leavy discusses serving as a judge on the U.S. Ninth Circuit Court of Appeals, beginning with his appointment by President Ronald Reagan in 1987. He discusses some of the cases he heard, including on Rajneeshpuram. He describes the various duties of federal judges; the processes and procedures of the Court of Appeals; and how it differs from the U.S. District Court of Oregon. He talks about his experience as a senior judge on the Court of Appeals since 1997, including mediating for U.S. v. Wen Ho Lee. He then talks about serving on the Surveillance Court of Review from 2001 to 2008, including the history and duties of that court. He also talks about writing opinions, his staff and law clerks, and the workload on the Court of Appeals. He closes the interview by discussing his thoughts on the trend of civil penalties in lieu of criminal, and concerns about the right to privacy.
Use of the CollectionReturn to Top
Alternative Forms Available
Audio and transcript available online in OHS Digital Collections.
Preferred Citation
Oral history interview with Edward Leavy, by Clark Hansen, SR 1286, Oregon Historical Society Research Library.
Restrictions on Use
Joint copyright for this interview is held by the Oregon Historical Society and the U.S. District Court of Oregon Historical Society. Use is allowed according to the following statement: In Copyright - Educational Use Permitted: http://rightsstatements.org/vocab/InC-EDU/1.0/
Administrative InformationReturn to Top
Detailed Description of the CollectionReturn to Top
Container(s) | Description | Dates |
---|---|---|
Cassette | ||
1-2 | Oral history interview with Edward Leavy | 2004 March 2 |
3-5 | Oral history interview with Edward Leavy | 2004 March 9 |
6-7 | Oral history interview with Edward Leavy | 2004 March 16 |
8-9 | Oral history interview with Edward Leavy | 2004 March 23 |
10-12 | Oral history interview with Edward Leavy | 2004 March 30 |
13-15 | Oral history interview with Edward Leavy | 2004 April 13 |
Folder | ||
SR1286 | Transcript of oral history interview with Edward Leavy | 2004 March 2-2004 April 13 |
Names and SubjectsReturn to Top
Subject Terms
- Judges--Oregon
- Justice, Administration of--Oregon
- Public prosecutors--Oregon
Personal Names
- Leavy, Edward, 1929-
- Lee, Wen Ho
Corporate Names
- Oregon. Circuit Court (Lane County)
- United States. Court of Appeals (9th Circuit)
- United States. District Court (Oregon)
- United States. Foreign Intelligence Surveillance Court
Geographical Names
- Rajneeshpuram (Or.)
Form or Genre Terms
- interviews
Other Creators
-
Personal Names
- Hansen, Clark (interviewer)