Upcoming Article: Judge Michael Daly Hawkins, The Jury System, and American Democracy

The Arizona State Journal will soon publish an article written by Carlton F.W. Larson, Professor of Law at University of California, Davis, School of Law. Professor Larson clerked for Judge Hawkins during the 2000-2001 term. The article highlights Judge Hawkins’s democratic faith by examining his commitment to the American jury system.

Professor Larson notes that “Judge Hawkins believes that juries—composed of ordinary citizens from all walks of life—generally do their jobs carefully and should remain at the heart of the American justice system.” The article describes Judge Hawkins as the “nation’s leading judicial voice on the rights of grand juries” because he has “consistently resisted attempts to curb grand jury independence.” The article examines Judge Hawkins’ dissent in United States v. Marcucci,[1] and his en banc dissent in the 6-5 decision of United States v. Navarro-Vargas [2].

Professor Larson concludes by noting that Judge Hawkins’ “wisdom, experience, and judgment” will be missed as he transitions to senior status. Although Judge Hawkins will no longer take an active role in en banc proceedings, he “will no doubt hit many more home runs in the years to come” as he continues a full judicial schedule.

[1]. 299 F.3d 1156 (9th Cir. 2002).

[2]. 408 F.3d 1184 (9th Cir. 2005).