Barry G. Silverman

Barry G. Silverman is a senior United States circuit judge on the Court of Appeals for the Ninth Circuit. Appointed to the federal bench by President William J. Clinton in 1998, he has served continuously on the appellate court and assumed senior status on his sixty‑fifth birthday in 2016. His career spans service as a city prosecutor, county attorney, state judge, and United States magistrate judge before his elevation to the federal judiciary.

Early life and legal career

Barry Glen Silverman was born in 1951 in The Bronx, New York. During his adolescence he moved with his family to Phoenix, Arizona, where he attended Central High School in the late 1960s. He is identified as a member of the Jewish community. After completing secondary education, Silverman pursued undergraduate studies at Arizona State University, receiving a Bachelor of Arts degree in 1973. He continued at the same institution for his legal training, earning a Juris Doctor from the Sandra Day O’Connor College of Law in 1976.

Following admission to the bar, Silverman entered public service as an assistant city prosecutor for Phoenix, a position he held from 1976 until 1977. He then became a deputy county attorney for Maricopa County, serving from 1977 through 1979. In that role he was assigned to the courtroom of Sandra Day O’Connor, who at the time served as an Arizona jurist and later ascended to the United States Supreme Court.

Silverman’s early judicial experience began with his appointment as a Maricopa County superior court commissioner in 1979, a post he occupied until 1984. That year Governor Bruce Babbitt selected him for elevation to the state superior court bench, where he served as a trial judge handling civil and criminal matters under Arizona law. After more than a decade of service at the state level, Silverman was appointed United States magistrate judge in Phoenix in 1995. In that capacity he assisted district judges with pre‑trial proceedings, evidentiary hearings, and other functions essential to federal district court operations.

Federal appellate service

The next phase of Silverman’s career began with his nomination to the United States Court of Appeals for the Ninth Circuit. President Bill Clinton submitted his name on November 8, 1997 to fill the vacancy created by Judge William Canby’s departure. The nomination attracted bipartisan backing; among its supporters was Republican Senator Jon Kyl, a prominent member of the Senate Judiciary Committee. The committee forwarded the nomination to the full Senate on November 13, 1997.

The United States Senate confirmed Silverman by voice vote on January 28, 1998, and he received his commission on February 4, 1998. In statements made shortly after confirmation, Silverman expressed gratitude to President Clinton as well as to Senators John McCain and Jon Kyl and Representative Ed Pastor for their assistance in securing the appointment. He indicated a commitment to uphold the confidence placed in him by those officials.

During his tenure as an active‑service circuit judge, Silverman participated in panels that considered a broad array of federal issues ranging from constitutional questions to complex statutory interpretation. After nearly two decades on the bench, he elected to assume senior status on October 11, 2016—the date of his sixty‑fifth birthday. Under senior status, Judge Silverman continues to hear cases and contribute to the court’s workload while enjoying a reduced caseload relative to full‑time judges.

Jurisprudence and legacy

Judge Silverman’s written opinions reflect engagement with both novel constitutional matters and intricate statutory schemes. One of his most frequently cited contributions arose from a three‑judge panel decision issued in May 2002 that reversed a Sacramento federal district court ruling which had recognized a limited constitutional right for male prisoners to procreate by mailing sperm from incarceration. In the majority opinion, the panel held that such a claim was not supported by existing precedent. Judge Silverman authored a dissenting opinion, arguing that the lower‑court decision should be upheld. Earlier, in September 2001, he had remarked on the practical implications of extending reproductive rights to incarcerated individuals, noting that the ruling would permit prisoners “to procreate from prison via FedEx.” His dissent underscored concerns about the scope of constitutional protections and the appropriate reach of federal courts into correctional administration.

Another notable opinion authored by Judge Silverman involved a three‑judge panel in *Tides v. The Boeing Company*. The case addressed the whistleblower provision of the Sarbanes–Oxley Act, specifically 18 U.S.C. § 1514A(a)(1). The panel concluded that employees who disclosed confidential information to the media were not protected under the statutory whistleblower shield. Judge Silverman’s opinion clarified the limits of the law’s protective scope and emphasized the importance of adhering to prescribed channels for reporting corporate misconduct.

Beyond these high‑profile decisions, Judge Silverman's long service on the Ninth Circuit has contributed to the development of federal jurisprudence across a wide spectrum of legal topics, including civil rights, environmental regulation, immigration, and commercial litigation. His continued participation as a senior judge enables him to mentor newer members of the court, assist in managing docket pressures, and provide institutional continuity.

Judge Silverman’s career trajectory—from municipal prosecutor through state trial courts, federal magistracy, and ultimately appellate service—illustrates a progression grounded in public‑sector legal work. While his judicial philosophy is not characterized by partisan labels, his opinions demonstrate a careful analysis of statutory text and constitutional principles. The combination of his early exposure to prominent jurists such as Sandra Day O’Connor and his later involvement in significant appellate rulings positions him as an experienced figure within the federal judiciary.

In sum, Barry G. Silverman’s professional life reflects decades of dedication to the administration of justice at multiple levels of government. His contributions on the Ninth Circuit continue to shape legal precedent and influence the interpretation of both constitutional rights and federal statutes, while his senior status ensures ongoing participation in the court’s essential functions.