Magistrate Judge Alan Kay (1934 – 2024) served as a Magistrate Judge for the United States District Court for the District of Columbia from 1991 to 2016, serving the court afterwards in a senior capacity. In 1997, Professor Dan Ernst (Georgetown University Law Center) sat down with Judge Kay to record an oral history that is rich in details about Judge Kay’s life and career, as well as life in the District Court in the 1960s.
Kay was born in London, England on July 6, 1934. He was the descendant of Russian Jews who had emigrated there earlier in the century. In 1952, his parents decided to emigrate to the United States. While disappointed with the decision, he agreed to go with his family. Before his 18th birthday, Kay arrived alone in Washington D.C. and lived with a relative until his parents’ later arrival. Kay applied for admission to George Washington University (GWU). Although accepted, he had to defer until he was able to save enough money for tuition and other costs.
When discussing these challenges, Judge Kay reflects on his “differences” such as a British accent and his Jewish heritage. He also discusses his need to assimilate into American culture, his initial fascination with the sport of baseball, and his impressions of Americans and America (“so many cars” “such informal dress”).
After his undergraduate studies, Kay decided to enter law school, despite his fascination with economics. Following law school, he clerked for legendary Judge Alexander Holtzoff from 1959 to 1960. In 1960, Roger Robb, then in private practice and not yet on the USCA bench, approached Kay about joining a new agency, to be called the Legal Aid Agency, as one of three staff attorneys. The Agency later became the Public Defender Service. Kay’s description of the beginning of the office, the types of cases they handled, the excitement from the then-ongoing dramatic expansion of an accused’s rights by the Supreme Court and the Court of Appeals and the many logistical challenges they faced is fascinating.
A year later, Chief Judge McGuire asked Kay if he would consider clerking for a new federal court judge, William B. Jones. Judge Jones was a legendary civil trial attorney, with little criminal experience. Initially wary of the idea, Kay ended up staying for 9 months and developed a deep admiration for Judge Jones. “If I was going to model myself on a judge, it would be Judge Jones. . . . Rarely did I see him do anything in the courtroom that I would feel could in any way be criticized. . . . A model of real impartiality.”
Near the end of his time with Judge Jones, Kay was approached about joining the U.S. Attorney’s Office. He agreed but only if he were assigned to the Civil Division. After three years, he left to join a small DC firm where he was an active litigator for over 20 years.
In the late 1980s, Kay was looking for something different and was approached about becoming a federal magistrate judge. However it wasn’t until 1990, when he was convinced that the scope of responsibility of a Magistrate Judge was expanding, that he applied and was appointed.
Throughout this oral history, Kay discusses with great insight the qualities of a good Magistrate Judge, his approach to mediation and settlement (for which he is highly acclaimed), the need for civility and professionalism in court, and the expanding role and importance of Magistrate Judges in the federal courts. Click here to enjoy this fascinating oral history that is well worth the read.