Hon. Elizabeth A. Wolford

2013 – present

Federal Judicial Service:

  • Judge, U.S. District Court, Western District of New York
    • Nominated by President Barack Obama on May 16, 2013, to a seat vacated by Hon. Charles J. Siragusa.  Confirmed by the Senate on December 12, 2013, and received commission on December 17, 2013.  Currently serving as Chief Judge, 2021 – present.

Education:

  • Notre Dame Law School, J.D., 1992
  • Colgate University, B.A., 1989

Professional Career:

  • Private Practice, The Wolford Law Firm LLP (& predecessor firms), Rochester, New York, 1993‑2013

Noteworthy Cases:

Kearns v. Cuomo, No. 1:19-CV-00902:

In 2019, the State of New York enacted the New York State Driver’s License and Privacy Act, commonly known as the “Green Light Law,” which amended the New York Vehicle and Traffic Law to expressly state that proof of lawful presence in the United States is not required to obtain a standard New York State driver’s license and to prohibit the New York State Department of Motor Vehicles from inquiring about an applicant’s citizenship or immigration status in connection with the issuance of such a license.  The elected County Clerk of Erie County sued several state officials, contending that the Green Light Law was preempted by federal immigration law.  Judge Wolford dismissed the case for lack of standing, concluding that the plaintiff failed to allege a legally cognizable injury, as opposed to mere disagreement with the policies underlying the Green Light Law.  The Second Circuit affirmed the dismissal on appeal.

Kearns v. Cuomo, 415 F. Supp. 3d 319 (W.D.N.Y. 2019), aff’d, 981 F.3d 200 (2d Cir. 2020).
https://casetext.com/case/kearns-v-cuomo-1

 

United States v. Morgan, et al., No. 1:18-CR-00108:

Several prominent figures in the local real estate industry were charged with a scheme spanning over a decade to defraud financial institutions and government-sponsored enterprises Freddie Mac and Fannie Mae in connection with the financing of multi-family residential apartment properties, as well as a related insurance fraud scheme spanning a more limited time period.  The related discovery was voluminous and caused significant case management issues for the government from the outset.  Eventually, four defendants moved to dismiss the 114‑count superseding indictment on speedy trial grounds, due to the government’s failure to timely comply with its discovery obligations.  After a multi‑day evidentiary hearing, Judge Wolford concluded that while the defendants’ constitutional rights to a speedy trial had not been violated, the government’s failure to meet court‑imposed deadlines had caused the statutory speedy trial clock to expire, requiring dismissal of the superseding indictment, albeit without prejudice.  The government filed a new indictment and while motions to dismiss with prejudice were pending and with an evidentiary hearing scheduled to evaluate the defendants’ claims that the government had acted in bad faith, the case was resolved.

United States v. Morgan, 493 F. Supp. 3d 171 (W.D.N.Y. 2020)
https://casetext.com/case/united-states-v-morgan-356

 

United States v. Pirk, et. al, No. 1:15-CR-00142:

This case involved members of a violent motorcycle club engaged in drug trafficking and firearms offenses, ultimately escalating to the execution‑style murders of two allegedly disloyal members.  Following a four‑month trial in Buffalo, New York, the defendants were convicted of crimes including RICO conspiracy, murder in aid of racketeering, possession of firearms in furtherance of drug trafficking, and using and maintaining the motorcycle club’s clubhouse for drug dealing.  On appeal, defendant Timothy Enix’s convictions were affirmed in their entirety, and defendants David Pirk’s and Andre Jenkin’s convictions were affirmed, except for one conviction each for a violation of 18 U.S.C. § 924(c) predicated on RICO conspiracy, which were vacated in light of an intervening change in the law.  Defendants David Pirk and Andre Jenkins were sentenced to multiple terms of life imprisonment, while defendant Timothy Enix was sentenced to 240 months in prison.  Judge Wolford issued over fifty decisions throughout the course of the litigation based on various issues raised by the parties.

United States v. Pirk, 2018 WL 6629679 (W.D.N.Y. 2018), aff’d sub nom. United States v. Jenkins, 43 F.4th 300 (2d Cir. 2022), cert. denied, 143 S. Ct. 533 (2022).
https://casetext.com/case/united-states-v-pirk-22