April 2, 2012

The Hon. Robert R. Beezer, a senior circuit judge of the United States Court of Appeals for the Ninth Circuit, died of lung cancer on Friday, March 30, 2012 at Swedish Medical Center in Seattle. He was 83.

Judge Beezer practiced law for over 55 years and had served as a federal judge since 1984.

Chief Judge Alex Kozinski of the Ninth Circuit Court of Appeals said “Judge Beezer had a long and distinguished career. He was devoted to the law and placed great emphasis on courtesy and civility in its practice. He will be missed.”

“Bob was a great judge and colleague, a wonderful human being and a special friend. We will miss him greatly,” said another colleague, Circuit Judge Diarmuid F. O’Scannlain of Portland, Oregon.

“When I practiced law with Bob Beezer 30 years ago, he had a well-earned reputation as a contested probate litigator: tenacious, astute, but unfailingly courteous. He had an intelligent, insightful approach to resolving client problems through creative applications of the law. When I joined him on the Court of Appeals 12 years ago, Bob was already applying the practical skills of a seasoned attorney to resolving complex legal questions with a delightful mixture of reason and common sense. He was respectful to everyone, a careful writer, and a dedicated servant of the law. I shall greatly miss my dear friend, mentor, and colleague,” said Circuit Judge Richard C. Tallman of Seattle.

“Judge Beezer was the model and epitome of wise judicial statesmanship. His opinions were formed of plain language, forceful and direct. He stood up to power whether private or governmental in the name of the Constitution’s requirements. He knew the law and gladly shared it with us. I will miss him,” said Circuit Judge Ronald M. Gould, another Seattle colleague.

Nominated by President Reagan, Judge Beezer was confirmed by the Senate on March 27, 1984, and received his commission on March 28, 1984. He assumed senior status on July 31, 1996, but continued to hear cases for many more years. Even after his eyesight failed in recent years, he continued working using computer technology that translated written documents into audio files and displayed the text he wrote in an enlarged font on an oversized monitor. Among his more noteworthy opinions were:

  • Marshall v. Stern, 600 F.3d 1037 (9th Cir. 2010), in which his majority opinion narrowed the definition of a non-title 11 “core proceeding” over which bankruptcy courts have jurisdiction to hear and determine. More commonly known as the Anna Nicole Smith case, the opinion, which was affirmed in 2011 by the Supreme Court, is one of the most significant rulings on Article III and the scope of congressional authority to delegate judicial power.
  • A & M Records, Inc. v. Napster, Inc., 239 F.3d 1004 (9th Cir. 2001), in which his majority opinion was a trailblazing decision in the then-incipient field of peer-to-peer digital media sharing. The opinion held that Napster and other file sharing services, by facilitating the exchange of audio files and other digital media, could be held liable as contributory and vicarious infringers of the copyrights on the materials being shared. The opinion was one of the first to address whether file sharing constituted fair use and set the tone for much of the law that followed.
  • Campbell v. Wood, 18 F.3d 662 (9th Cir. 1994), written for the majority of a divided en banc court, which found that execution by hanging as administered in Washington was not cruel and unusual punishment under the Eighth Amendment. The Supreme Court declined review.
  • Ellison v. Brady, 924, F.2d 872 (9th Cir. 1991), in which the court determined that under Title VII of the Civil Rights Act, a proper test for sex discrimination was whether a “reasonable woman” would find the conduct so severe or pervasive as to alter conditions of employment. The case, which involved a woman who received love letters from a male colleague, was remanded to trial court.

Prior to coming onto the federal bench, Judge Beezer had been in private practice with the Seattle law firm of Schweppe, Doolittle, Krug, Tausend & Beezer from 1956 until his appointment. He also served as a judge pro tem in the Seattle Municipal Court from 1962 to 1976.