Richard C. Wesley

Richard C. Wesley is a senior United States circuit judge on the Court of Appeals for the Second Circuit. Appointed to the federal bench in 2003 by President George W. Bush, he assumed senior status in 2016 and continues to hear cases. Prior to his federal service, Judge Wesley held positions at every level of New York’s judiciary, including a term on the state’s highest court, and served two terms as a Republican member of the New York State Assembly representing the 136th District.

Early life and legal career

Richard Carl Wesley was born on August 1, 1949, in the small hamlet of Hemlock, New York. His family background was modest; his father worked as a fuel‑oil delivery driver while his mother first held employment as a butcher before transitioning to nursing. Wesley’s early education culminated at the University at Albany, State University of New York, where he graduated summa cum laude with a Bachelor of Arts in American History. While attending college he participated in the university’s inaugural football team and was active in student government.

Following his undergraduate studies, Wesley enrolled at Cornell Law School, earning his Juris Doctor in 1974. During law school he contributed to the Cornell Law Review as an editor, gaining experience in legal scholarship that would later inform his judicial writing.

Wesley began practicing law with the Rochester firm Harris Beach before returning to his native Geneseo to join Welch, Streb & Porter, a Livingston County practice. He advanced to partnership there in 1977. In addition to his private‑practice responsibilities, he served as secretary of the Livingston County Bar Association and participated on the Seventh Judicial District Grievance Committee, roles that provided early exposure to professional regulation and ethics.

From 1979 to 1982 Wesley worked as assistant counsel and chief legislative aide to New York Assembly Minority Leader James L. Emery. This experience in legislative affairs paved the way for his own election to the Assembly in 1982 as a Republican representing the 136th District, succeeding Emery. He was re‑elected without opposition in 1984. While serving in Albany, Wesley sat on the Codes Committee and the Environmental Conservation Committee. Among his legislative initiatives were measures that established procedures for obtaining blood samples from intoxicated drivers, removed evidentiary barriers that had hindered prosecution of child molesters, and streamlined settlement processes for infant plaintiffs. In recognition of his work, the Livingston‑Wyoming Association of Retarded Citizens named him Legislator of the Year in 1985.

During his tenure in the Assembly Wesley shared an apartment with fellow Republican legislators Bill Paxon—who later served in Congress—and Michael F. Nozzolio, who would become a state senator. The future governor George Pataki also occasionally stayed with the group while he was a freshman assemblyman from Peekskill.

Wesley’s judicial career commenced with his election to the New York Supreme Court in 1986. He served as a trial judge in Rochester from 1987 through 1994. In that capacity he created a Trial Assistance Program in Monroe County to alleviate a growing docket backlog, and later instituted a felony‑screening system that cut processing delays by more than sixty percent; the program was subsequently adopted as a model for other districts throughout the state.

In 1994 Democratic Governor Mario Cuomo appointed Wesley to the Appellate Division, Fourth Department. Two years later, on December 3, 1996, Republican Governor George Pataki nominated him to the New York Court of Appeals, the state’s highest court. The New York State Senate confirmed the nomination unanimously on January 14, 1997. While on the Court of Appeals from 1997 until his federal appointment in 2003, Wesley was initially the sole judge appointed by a Republican governor but quickly earned a reputation as a consensus builder. Colleagues described him as an “outstanding jurist” and noted his scholarly approach that often resulted in unanimous opinions.

Federal appellate service

President George W. Bush nominated Wesley on March 5, 2003, to fill the vacancy on the Second Circuit created when Judge Pierre N. Leval assumed senior status. The nomination received bipartisan support from New York’s two Democratic senators: Senator Hillary Clinton praised his judicial abilities and concern for litigants, while Senator Chuck Schumer highlighted his “top‑flight legal mind.” Additional endorsements came from Congressman Tom Reynolds and former Congressman Bill Paxon, who had previously been Wesley’s roommate in Albany.

The United States Senate confirmed the nomination on June 11, 2003, by a unanimous vote of 96–0. Wesley received his commission the following day and was sworn into office on July 21, 2003. He served as an active circuit judge until 2016, at which point he elected to take senior status while continuing to participate in the court’s workload.

Jurisprudence and legacy

Judge Wesley has characterized his judicial philosophy as “conservative in nature, pragmatic at the same time, with a fair appreciation of judicial restraint.” He emphasizes adherence to the plain language of statutes, asserting that when statutory text is clear, judges should limit themselves to its ordinary meaning. In describing the style he seeks for his opinions, Wesley references the “Livonia Post Office test,” indicating a desire for rulings that are readily understandable to ordinary citizens in his hometown.

During his tenure on both state and federal benches, Wesley authored or joined opinions that have been cited in a variety of legal contexts. Notable decisions include a 1999 New York Court of Appeals ruling that quashed a subpoena seeking provenance records from the Museum of Modern Art in an investigation involving Nazi‑looted art; a 2001 decision declining to impose a common‑law duty on handgun manufacturers toward the general public; and a dissenting opinion in the Second Circuit’s 2003 case *Padilla v. Rumsfeld*, where he argued that a U.S. citizen detained as an enemy combatant was entitled to counsel and judicial review.

On the federal level, Wesley participated in the 2016 Second Circuit decision upholding American Express’s anti‑steering rules against a Sherman Act claim—a judgment later affirmed by the United States Supreme Court under the name *Ohio v. American Express Co.* He also contributed to opinions addressing securities regulation and other complex commercial matters.

Colleagues on the Second Circuit have noted Wesley’s methodical approach to opinion writing and his willingness to seek common ground among judges of differing viewpoints. His reputation for producing clear, accessible rulings reflects the practical orientation he articulated early in his career. While his judicial record includes both majority opinions and dissents, observers consistently point to his focus on statutory interpretation and restraint as guiding principles.

Beyond specific cases, Wesley’s broader legacy encompasses his contributions to improving court administration at the state level—particularly through programs that reduced case backlogs and streamlined felony processing—and his role in fostering consensus within appellate courts. His career trajectory, spanning legislative service, trial and appellate judging in New York, and ultimately a long tenure on the federal Second Circuit, illustrates a sustained commitment to public service across multiple branches of government.

Through continued work as a senior judge, Richard C. Wesley remains an active participant in the development of federal jurisprudence, applying his pragmatic philosophy to contemporary legal challenges while maintaining the clarity and accessibility that have characterized his judicial output throughout his career.