| Joyce Hens Green | |
| Office: | Senior Judge of the United States District Court for the District of Columbia |
| Term Start: | July 1, 1995 |
| Office1: | Presiding Judge of the United States Foreign Intelligence Surveillance Court |
| Term Start1: | May 19, 1990 |
| Term End1: | May 19, 1995 |
| Appointer1: | William Rehnquist |
| Predecessor1: | James Ellsworth Noland |
| Successor1: | Royce Lamberth |
| Office2: | Judge of the United States District Court for the District of Columbia |
| Term Start2: | May 11, 1979 |
| Term End2: | July 1, 1995 |
| Appointer2: | Jimmy Carter |
| Predecessor2: | Howard Francis Corcoran |
| Successor2: | Henry H. Kennedy Jr. |
| Office3: | Associate Judge of the Superior Court of the District of Columbia |
| Term Start3: | 1968 |
| Term End3: | 1979 |
| Appointer3: | Lyndon B. Johnson |
| Successor3: | Henry H. Kennedy Jr. |
| Birth Date: | 13 November 1928[1] |
| Education: | University of Maryland, College Park (BA) George Washington University (JD) |
Joyce Hens Green (born November 13, 1928) is a senior United States district judge of the United States District Court for the District of Columbia. Green was nominated by President Jimmy Carter on March 6, 1979, to a seat vacated by Howard F. Corcoran. She was confirmed by the United States Senate on May 10, 1979, and received commission on May 11, 1979. She assumed senior status on July 1, 1995.
Born in 1928 in New York City, New York, Green graduated from the University of Maryland, College Park, receiving a Bachelor of Arts degree in 1949. She entered the University of Maryland School of Law and transferred to the George Washington University Law School, receiving a Juris Doctor from that institution in two years, in 1951. She also received an honorary Doctor of Laws (LL.D.) from George Washington University in 1994 and has been named a Distinguished Alumnus of Towson High School. Green practiced law in the District of Columbia and Virginia until she was appointed Associate Judge of the Superior Court of the District of Columbia in 1968, where she served for over a decade.
On March 6, 1979, President Jimmy Carter nominated Green to be a United States District Judge of the United States District Court for the District of Columbia, to a seat vacated by Judge Howard Francis Corcoran. She was confirmed by the United States Senate on May 10, 1979, and received her commission on May 11, 1979. She took senior status on July 1, 1995, and was succeeded by Henry H. Kennedy Jr., who had also succeeded her on the Superior Court bench.[2] Green was a member of the United States Foreign Intelligence Surveillance Court (FISC) from May 1988 until May 1995, and served as its Presiding Judge from May 1990 until May 1995.
Green is a member of the American Bar Association, the American Judicature Society, the Federal Bar Association, the National Association of Women Judges, and the Women's Bar Association of the District of Columbia. She served as the President of the Women's Bar Association of the District of Columbia from 1962-1963. She served as the chair of the National Conference of Trial Judges from 1997–1998. She has served as an instructor at the Militia Academy in Minsk, Republic of Belarus for the U.S. Information Agency and serves on the board of advisors for the George Washington University Law School.
On June 16, 2004, Green received an American Inns of Court Professionalism Award. She has received the George Washington University's Professional Achievement Award (1975); been named "Woman Lawyer of the Year" by the Women's Bar Association of the District of Columbia (1979); and received a certificate of appreciation from the Chief Justice of the United States (1995).
In 1992, Judge Green ruled in favor of the Church of Scientology in the case of Church of Scientology v. Internal Revenue Service on a pretrial motion for summary judgment.
On September 1, 1995, Green Ordered $393 million seized from the Bank of Credit and Commerce International turned over to the bank's victims. BCCI had been involved in criminal activity and its assets had been freed in 1992. Green had heard, and ruled on, three challenges to the release of the seized funds.
Green ruled against the Federal Election Commission in Federal Election Commission v. The Christian Coalition Civil Action No. 96-1781 Opinion & Order; and Judgment, filed August 2, 1999. The FEC had challenged the propriety of the Christian Coalition's distribution of voter guides, on the grounds it had been too closely tied to large corporate donors.
But, Green's 108-page judgment had supported the FEC in two instances; when the Christian Coalition had broken FEC guidelines in their explicit advocacy of the re-election of Newt Gingrich; and when the Christian Coalition had handed over their membership list to Senate candidate Oliver North.
Following the United States Supreme Court ruling in Rasul v. Bush (2004), which determined that detainees had the right of habeas corpus and due process to challenge their detention before an impartial tribunal, many habeas corpus cases were filed on behalf of detainees at Guantanamo Bay detention camp. On September 15, 2004, Judge Green was appointed the coordinating judge for all Guantanamo Bay habeas corpus cases.
On January 31, 2005, Judge Green ruled that:
(1) detainees had the fundamental Fifth Amendment right not to be deprived of liberty without due process of law;
(2) complaints stated a claim for violation of due process based on Combatant Status Review Tribunal's ("CSRT") extensive reliance on classified information in its resolution of "enemy combatant" status of detainees, the detainees' inability to review that information, and the prohibition of assistance by counsel jointly deprived detainees of sufficient notice of the factual bases for their detention and denied them a fair opportunity to challenge their incarceration;
(3) due process required that CSRTs sufficiently consider whether the evidence upon which the tribunal relied in making its "enemy combatant" determinations had been obtained through torture;
(4) complaints stated a claim for violation of due process based on the government's employment of an overly broad definition of "enemy combatant" subject to indefinite detention; and
(5) Geneva Conventions applied to the Taliban detainees, but not to members of the al Qaeda terrorist organization.[3]