Marvin Aspen

Marvin Aspen
Senior Judge of the United States District Court for the Northern District of Illinois
Incumbent
Assumed office July 1, 2002

Gautreaux v. Chicago Housing Authority

The ACLU-initiated 1966 class action lawsuit Dorothy Gautreaux v. Chicago Housing Authority (CHA) alleged that the CHA engaged in racial discrimination in public housing policy, as prohibited by the Civil Rights Act of 1964. ^[4] The lawsuit alleged that the CHA built public housing solely in areas with high concentrations of poor minorities, in violation of the federal Department of Housing and Urban Development (HUD) guidelines and the Civil Rights Act. The goal of the lawsuit was to begin building public housing in predominantly white neighborhoods.

HUD entered as a party to the lawsuit, and the case went to the U.S. Supreme Court in 1976 as Hills v. Gautreaux (425 U.S. 284).

On January 23, 2019, Judge Aspen signed an order approving a settlement agreement between the plaintiffs and the CHA. The signed settlement agreement lifts 53 years of court-ordered oversight of the CHA. Under the settlement agreement, the CHA is obliged to, among other things, develop housing for low-income families in mixed-income communities.  If the CHA timely performs its obligations under the settlement agreement, the case will come to an end by July 31, 2024.

El Rukn Street Gang

In 1991, Judge Aspen presided over the trial of six leaders and a financer of the El Rukn street gang. The jury convicted all seven defendants on a variety of serious federal charges that included murder conspiracy, narcotics conspiracy, and other racketeering charges. In June 1992, Judge Aspen sentenced five of the defendants to life in prison and the other two defendants to fifty years. Then on September 20, 1993, Judge Aspen ordered a new trial because the government had knowingly used witnesses’ perjured testimony to convict the defendants and failed to disclose that cooperating witnesses received benefits from the government, a fact that the defendants could have used to impeach the government’s witnesses.  In so holding, Judge Aspen wrote “This is the most painful decision that this court has ever been obliged to render, making the crafting of this opinion a sad and difficult undertaking.” ^[5]

Johnny Lira

Judge Aspen presided over a burglary case involving former Chicago boxer Johnny Lira. Aspen is credited with giving Lira a compassionate criminal sentence that allowed Lira to continue his boxing career. Instead of full prison time, Judge Aspen periodically released Lira so he could continue his training on the condition that he stay out of trouble and, when incarcerated, teach other inmates recreational boxing. Lira went on to become a Golden Gloves champion and the United States Boxing Association’s lightweight champion.

Michael Jackson Copyright Infringement Lawsuit

Judge Aspen presided over Sanford v. CBS, Inc., where the plaintiff, Fred Sanford, accused Michael Jackson of stealing the song Jackson dubbed “The Girl Is Mine.”  Jackson testified in Judge Aspen’s courtroom to defend against the copyright infringement accusations.  During Jackson’s testimony, he sang, clapped, and drummed the witness stand.

Professional Air Traffic Controllers Organization Labor Dispute

The Professional Air Traffic Controllers Organization or PATCO was a United States trade union that operated from 1968 until its decertification in 1981 following an illegal strike that was broken by the Reagan Administration.  Judge Aspen presided over the key labor dispute where the government moved to restrain picketing activities of striking air traffic controllers.  Judge Aspen held that PATCO’s strike was unlawful but declined to imprison PATCO’s leadership.

Chicago Alderman Roti RICO Trial

Fred Roti was a Chicago Alderman from 1968-1991 who was indicted in 1990 for RICO conspiracy, bribery and extortion for fixing criminal cases in the Circuit Court of Cook County, including murder cases involving organized crime members or associates. On January 15, 1993, Roti was convicted on 11 counts, including two out of three "fixing" charges: taking $10,000 for influencing a civil court case and $7,500 to support a routine zoning change. But he was acquitted of the most serious allegation, sharing $72,500 for fixing a Chinatown murder trial in 1981. Roti was sentenced to 48 months' imprisonment followed by a six-month work release program.  At Roti’s sentencing, Judge Aspen commented that “there is a bigger victim, and that’s the whole democratic process. When you have the courts of law that are fixed, when you have a city government that is fixed, you are attacking the core of democracy. You’re saying that this democracy…is the same as any other corrupt regime.”

Other Notable Cases

Aspen presided over In re: Ameriquest Mortgage Co. Mortgage Lending Practices, MDL No. 1715, No. 05-cv-7097 (N.D. Ill. 2005).  There, Judge Aspen adjudicated a large-scale mortgage fraud case related to the 2000s housing bubble.

In U.S. v. Board of Education of City of Chicago, No. 80-cv-5124, 621 F. Supp. 1296 (N.D. Ill. 1985), a school desegregation case, Aspen held that the government violated a consent decree that obliged Chicago Public Schools to desegregate.

In U.S. v. John Laurie (N.D. Ill. 1984), Aspen presided over an Operation Greylord case against a former state court judge.  In that case, the Scott Turow, author, was the AUSA and former US Attorney Tony Valukas defended Laurie.

Aspen also presided over the first litigation arising from former Chicago Police Officer John Burge’s conduct in Hobley v. Burge, No. 03-cv-3678 (N.D. Ill. 2003).

In In re: Aimster Copyright Litigation, MDL No. 1425, No. 01-cv-8933, 252 F. Supp. 2d 634 (N.D. Ill. 2002), Aspen granted a preliminary injunction for plaintiffs (record companies, songwriters, and music publishers) that shut down Defendant’s music sharing business.

Aspen granted an injunction that prevented Loyola University from creating a 20 acre lakefill on its Lake Shore campus in Lake Michigan Federation v. U.S. Army Corps of Engineers, No. 90-cv-2809, 742 F. Supp. 441 (N.D. Ill. 1990).

Aspen enjoined construction of on-ramps to Lake Shore Drive in Lincoln Park in Friends of the Parks v. Dole, 87-cv-7991, 1987 WL 18918 (N.D. Ill. 1987).

In U.S. v. Mario Lloyd, No. 89-cr-427 (N.D. Ill. 1990), Aspen adjudicated the criminal trial involving an infamous family drug ring.

Civic Engagement

Federal Judicial Center

Aspen is a past member of the Board of the Federal Judicial Center. He has served as a member of the United States Judicial Conference and the Conference’s Committees on the Administration of the Bankruptcy System, Trial Bar Implementation, and Foreign Court Relationship. ^[3]

Committee on Civility

He served as Chair of the Committee on Civility of the Seventh Federal Judicial Circuit. This Committee promulgated civility standards that were subsequently adopted by the Seventh Circuit, and by courts and bar associations nationwide. ^[3]

Chicago Bar Association

Judge Aspen has served as a member of the Board of Managers of the Chicago Bar Association, as Chair of the Criminal Law Committee, and as a member of the Board of Editors of the Chicago Bar Record. He has been a member of the Chicago Bar Association's Special Commission on Criminal Justice, Committee on Continuing Legal Education, and Committee on Development of Law. ^[3]

Illinois State Bar Association

Judge Aspen has served on the Public Relations, Corrections, Fair Trial/Free Press and Criminal Law Committees. ^[3]

American Inns of Court

Judge Aspen was a founding member of the Board of Trustees of the American Inns of Court Foundation. He is also a past president of the Northwestern University School of Law American Inns of Court Chapter. ^[3]

Other activities

Judge Aspen was a draftsman for and a member of the Illinois Supreme Court Committee to Revise the Illinois Criminal Code of 1961, Chair of the Associate Rules Committee of the Illinois Supreme Court, Chair of the Illinois Supreme Court Committee on Ordinance Violation Problems, and Vice-Chair of the Illinois Supreme Court Committee on Pattern Jury Instructions in Criminal Cases. ^[3]

Judge Aspen was a member of the Federal Bar Examination Committee of the National Conference of Bar Examiners. He served on the Governor's Advisory Commission on Criminal Justice. Judge Aspen has been a member of the Cook County Board of Corrections and the Board of the John Howard Association. ^[3]

Recognition

In a 1988 survey of Chicago litigators, the Chicago Lawyer magazine gave Judge Aspen the highest rating of any United States District Judge of the Northern District of Illinois. The Chicago Lawyer named Judge Aspen its 1995 Person of the Year. ^[3]

Judge Aspen is a recipient of the Center For Public Resources Award for Significant Practical Achievement for Excellence and Innovation for Alternative Dispute Resolutions and Dispute Management. He has received the Northwestern University Alumni Association Award of Merit and an award from the National Center for Freedom of Information Studies (Society of Professional Journalists). ^[3]

See also

• List of Jewish American jurists
• List of United States federal judges by longevity of service

References

1. United States District Court, Northern District of Illinois: Judge Marvin E. Aspen
2. Marvin Aspen at the Biographical Directory of Federal Judges , a publication of the Federal Judicial Center .
3. "Biographical Data for Judge Marvin E. Aspen" (PDF). www.ilnd.uscourts.gov. United States District Court, Northern District of Illinois. Retrieved 3 June 2023. This article incorporates text from this source, which is in the public domain .
4. "Gautreaux v. Chicago Housing Authority, 296 F. Supp. 907 (N.D. Ill. 1969)". Justia.com. Justia. 1969-02-10. Retrieved 2019-08-06.
5. "United States v. Boyd, 833 F. Supp. 1277 (N.D. Ill. 1993)". Justia Law. Retrieved 2023-06-02.

External links

• Marvin E. Aspen at the Biographical Directory of Federal Judges , a publication of the Federal Judicial Center .

Legal offices
Preceded by Seat established by 92 Stat. 1629	Judge of the United States District Court for the Northern District of Illinois 1979–2002	Succeeded by Samuel Der-Yeghiayan
Preceded by James Byron Moran	Chief Judge of the United States District Court for the Northern District of Illinois 1995–2002	Succeeded by Charles P. Kocoras