Joel Martin Flaum

Joel Martin Flaum was a United States circuit judge who served on the United States Court of Appeals for the Seventh Circuit from 1983 to 2020, including a tenure as Chief Judge from 2000 to 2006. Born in 1936 and passing away in 2024, he had a distinguished career in federal judicial service spanning more than four decades, first as a district judge and then as a circuit judge. Appointed to the Seventh Circuit by President Ronald Reagan, a Republican, Flaum participated in numerous significant cases involving civil rights, criminal law, and constitutional questions during his long tenure on the federal bench.

Early life and legal career

Joel Martin Flaum was born on November 26, 1936, in Hudson, New York. He pursued his undergraduate education at Union College, where he earned a Bachelor of Arts degree in 1958. He then attended Northwestern University School of Law, obtaining his Juris Doctor in 1963 and continuing his legal education at the same institution to earn a Master of Laws degree in 1964. His academic training at Northwestern would mark the beginning of a long association with the institution and the Chicago legal community.

After completing his advanced legal education, Flaum entered private practice in Chicago, Illinois, working from 1964 to 1965. He soon transitioned to public service, joining the Cook County State's Attorney's Office as an Assistant State's Attorney, a position he held from 1965 to 1969. During this period, he also maintained an academic connection to Northwestern University School of Law, serving as a lecturer from 1967 to 1969. While at Northwestern in this capacity, he played a role in founding the Police Legal Advisory Program, an initiative that reflected his interest in the intersection of law enforcement and legal practice.

Flaum's career in public service continued to advance through various prosecutorial and legal positions in Illinois. From 1969 to 1970, he served as an Assistant Attorney General of Illinois, and he was subsequently promoted to First Assistant Attorney General of Illinois, serving in that capacity from 1970 to 1972. His experience in state-level prosecution led to a federal appointment as First Assistant United States Attorney for the Northern District of Illinois, where he served from 1972 to 1975. This position gave him significant experience in federal criminal law and procedure, preparing him for his eventual role on the federal bench.

In addition to his legal career, Flaum served in the United States Naval Reserve as a Lieutenant Commander in the Judge Advocate General's Corps from 1981 to 1992, demonstrating his commitment to military service alongside his civilian legal work.

Federal appellate service

Flaum's federal judicial career began with his appointment to the district court. On November 18, 1974, President Gerald Ford, a Republican, nominated him to serve as a United States District Judge for the United States District Court for the Northern District of Illinois. The nomination came when Flaum was 38 years old, filling a vacancy created by the departure of Judge Philip Willis Tone. The United States Senate confirmed his nomination on December 18, 1974, and he received his commission two days later, on December 20, 1974. He served in this capacity for nearly nine years, presiding over trials and other district court proceedings in the Northern District of Illinois.

Flaum's service on the district court ended when he was elevated to the appellate bench. President Ronald Reagan nominated him on April 14, 1983, to a seat on the United States Court of Appeals for the Seventh Circuit, which had been vacated by Judge Robert Arthur Sprecher. The Senate moved quickly on the nomination, confirming Flaum on May 4, 1983, and he received his commission the following day, on May 5, 1983. This appointment marked the beginning of what would become a lengthy and influential tenure on one of the nation's federal appellate courts.

During his time on the Seventh Circuit, Flaum served alongside numerous distinguished jurists and participated in thousands of cases covering the full range of federal law. His service included a six-year period as Chief Judge of the circuit from 2000 to 2006, during which he held administrative responsibilities for the court in addition to his judicial duties. As Chief Judge, he would have overseen the operations of the circuit, managed its docket, and represented the court in various administrative and ceremonial capacities.

Flaum maintained active status on the court for more than 37 years before assuming senior status on November 30, 2020. Senior status allowed him to continue hearing cases on a reduced schedule while opening his seat for a new active judge. He passed away on December 4, 2024, in Elkhorn, Wisconsin, at the age of 88.

Jurisprudence and legacy

Throughout his decades on the Seventh Circuit, Flaum participated in cases addressing a wide array of legal issues, contributing to the development of federal law in areas ranging from civil rights to criminal procedure to constitutional questions. His judicial work reflected engagement with some of the most significant and contentious legal questions of his era.

In the area of employment discrimination, Flaum joined a significant 2017 decision in which the Seventh Circuit held that employment discrimination based on sexual orientation violates Title VII of the Civil Rights Act of 1964. The court ruled by a vote of eight to three in favor of this interpretation. Flaum wrote a concurrence, joined by Judge Kenneth Francis Ripple, in which he articulated his reasoning that discrimination against an employee for being in a same-sex relationship constitutes sex discrimination. He drew an analogy to discrimination based on interracial relationships, arguing that just as such discrimination is tied to race, discrimination based on homosexuality is tied to sex. The two judges also joined portions of the majority opinion authored by Judge Diane Wood.

Flaum participated in several cases involving abortion regulations from Indiana. In April 2018, he cast a decisive vote in a case that blocked Indiana's requirement for fetal burial. In the same case, he joined a unanimous three-judge panel blocking Indiana's prohibition on abortions sought because of the fetus's race, sex, or disability. The majority opinion was written by Judge William J. Bauer, with Judge Daniel Anthony Manion partially dissenting on one aspect of the case. In June 2018, Flaum again provided the deciding vote when the court denied rehearing of these cases. The United States Supreme Court later reviewed the matter, partially overturning and partially declining to review the Seventh Circuit's decision. However, Flaum's approach to abortion-related cases was not uniform; in November 2019, he voted to rehear a case after a three-judge panel had blocked Indiana's parental notification requirements, joining a dissent written by Judge Michael Stephen Kanne.

In the realm of Second Amendment jurisprudence, Flaum authored a September 2018 opinion upholding federal statutes that prohibit convicted felons from possessing rifles. He concluded that these felon dispossession laws do not violate the Second Amendment. Judge Kenneth Francis Ripple joined his opinion, while then-Judge Amy Coney Barrett dissented.

Flaum also addressed criminal sentencing issues under the First Step Act. In June 2020, he joined an opinion with Judge Amy St. Eve and then-Judge Amy Coney Barrett holding that when a court resentences a defendant under the First Step Act, it cannot simply reimpose a previous sentence that had been more than double the applicable Federal Sentencing Guidelines range without providing an explanation for doing so.

In a March 2017 case involving civil liability for law enforcement, Flaum wrote an opinion finding that police officers could not be sued for property damage that occurred during a search when they had prevented the property owner from witnessing which specific officers had caused the destruction. Judge David Hamilton partially dissented, contending that the plaintiff should not have been required to plead an alternative conspiracy claim.

Beyond his judicial work, Flaum received recognition for his contributions to law and government. In 2008, he was inducted as a Laureate of The Lincoln Academy of Illinois and received the Order of Lincoln, the state's highest honor, in the category of government and law. He was married to Delilah Flaum and had previously been married to television producer Thea Flaum. His lengthy service on the federal bench, spanning appointments by two different Republican presidents and including both trial and appellate experience, made him one of the longer-serving federal judges of his generation.