Friendly Defined Substantive Due Process

Henry Jacob Friendly (July 3, 1903 – March 11, 1986) was a prominent judge in the United States, who sat on the United States Court of Appeals for the Second Circuit from 1959 through 1974 (including service as chief judge from 1971 to 1973) and in senior status until his death by suicide in 1986.

Judicial Service

Friendly was appointed by President Dwight D. Eisenhower to a seat on the Second Circuit vacated by Harold Raymond Medina.  Friendly's appointment had been endorsed on the basis of merit by several prominent judges and lawyers, including Judge Learned Hand.

Friendly was confirmed by the United States Senate on September 9, 1959, and received his commission the next day.  He served as the chief judge of the Second Circuit from 1971 to 1973.

Friendly's opinions for the Second Circuit were considered scholarly and of superior quality; many are still cited today, particularly in the field of securities law.

Friendly received the Presidential Medal of Freedom in 1977.

Death

Friendly took his own life at age 82 on March 11, 1986 in his Park Avenue apartment in New York City. Police said they found three notes in the apartment, one addressed to his resident maid and two unaddressed notes. In all three notes, the judge talked about his distress at his wife's death, his declining health and his failing eyesight, according to a police spokesman. His wife, the former Sophie S. Stern, had died a year and four days earlier. They had been married for 55 years.

https://en.wikipedia.org/wiki/Henry_Friendly

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Substantive Due Process

This protection extends to all government proceedings that can result in an individual's deprivation, whether civil or criminal in nature, from parole violation hearings to administrative hearings regarding government benefits and entitlements to full-blown criminal trials. The article "Some Kind of Hearing" written by Judge Henry Friendly created a list of basic due process rights "that remains highly influential, as to both content and relative priority."  These rights, which apply equally to civil due process and criminal due process, are:

1. An unbiased tribunal.
2. Notice of the proposed action and the grounds asserted for it.
3. Opportunity to present reasons why the proposed action should not be taken.
4. The right to present evidence, including the right to call witnesses.
5. The right to know opposing evidence.
6. The right to cross-examine adverse witnesses.
7. A decision based exclusively on the evidence presented.
8. Opportunity to be represented by counsel.
9. Requirement that the tribunal prepare a record of the evidence presented.
10. Requirement that the tribunal prepare written findings of fact and reasons for its decision.

https://en.wikipedia.org/wiki/Due_Process_Clause