Peter T. Fay

Fay was born in Rochester, New York, on January 18, 1929. He received his Bachelor of Arts degree in 1951 from Rollins College. He served in the United States Air Force as a lieutenant from 1951 to 1953, before attending the Fredric G. Levin College of Law at the University of Florida, where he received his Juris Doctor in 1956. Fay was in private practice in Miami, Florida from 1956 to 1970. Fay practiced at Patton & Kanner in 1956, Nichols, Gaither, Green, Frates & Beckham from 1956 to 1961, and Frates, Fay, Floyd & Pearson from 1961 to 1970.[2]

Fay was nominated by Richard Nixon to the United States District Court for the Southern District of Florida on October 7, 1970, to a new seat created by 84 Stat. 294. He was confirmed by the United States Senate on October 13, 1970, and received his commission three days later.[3] Fay delivered an address to the Conference of Chief Justices in August 1973. He discussed state–federal issues, specifically the proposal of having state and federal judges sitting together on a case in order to save time and judicial resources.[4] Fay's service terminated on October 8, 1976, due to elevation to the Fifth Circuit.[3]

Fay was nominated by Gerald Ford to the United States Court of Appeals for the Fifth Circuit on June 11, 1976, to the seat vacated by Judge David W. Dyer. He was confirmed by the Senate on September 17, 1976, and received his commission four days later. Fay was reassigned to the United States Court of Appeals for the Eleventh Circuit, to a new seat authorized by 94 Stat. 1994, on October 1, 1981, by operation of law. He assumed senior status on January 19, 1994.[3]

Paul Huck, a fellow judge, recounted how Fay employed "generous wording" in his opinions. This was the case even when he overturned the ruling of a judge from a lower court. Fay also had the "unique ability" of making lawyers content with his judgments, even if they were on the losing side.[5]

The New York Times reported in February 2015, that potential Republican Party 2016 presidential candidate Jeb Bush lobbied his father, George H. W. Bush, to appoint Fay to the Supreme Court of the United States. The younger Bush did this in a letter sent on August 7, 1989.[6]

Even after becoming a senior, Fay expressed his intention not to retire.[5] St. Thomas University School of Law announced in February 2019 that the school was to be renamed in his honor.[7] Several months before his death, he became only the 26th federal judge to serve fifty years in that capacity.[5] The Eleventh Circuit wrote a feature covering Fay in celebration of the milestone. It stated, "Few judges have served our country for so long and in such an honorable and distinguished manner. Judge Fay continues to perform substantial work for the Court of Appeals and the citizens of the Eleventh Circuit."[5]

Fay was married to his wife, Pat, for 62 years until his death. They adopted three children from the Catholic Charities Adoption Services.[5] He was talented in sports, and was inducted into the Rollins College Sports Hall of Fame for water skiing, basketball, and football in 1977.[5][8]

Fay died on January 31, 2021, in South Miami-Dade, at the age of 92.[5][9]

• List of United States federal judges by longevity of service

• Peter Thorp Fay at the Biographical Directory of Federal Judges, a public domain publication of the Federal Judicial Center.