Carlos Bea

Carlos Bea
Senior Judge of the United States Court of Appeals for the Ninth Circuit
Incumbent
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 by	George W. Bush
Preceded by	Charles E. Wiggins
Succeeded by	Patrick J. Bumatay
Personal details
Born	Carlos Tiburcio Bea (1934-04-18) April 18, 1934 (age 87) San Sebastián, Spain
Education	Stanford University (BA, JD)

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]

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]

In June 2019, Bea 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]

See also[]

• List of Hispanic/Latino American jurists

References[]

External links[]

• Carlos Bea at the Biographical Directory of Federal Judges, a public domain publication of the Federal Judicial Center.
• Appearances on C-SPAN
• U.S. Department of Justice Profile
• Press Release from the Ninth Circuit Announcing Bea's Investiture^{[permanent dead link]}