Stephanos Bibas


Stephanos Bibas is a United States Circuit Judge for the United States Court of Appeals for the Third Circuit, who previously was a professor of law and criminology and director of the Supreme Court clinic at the University of Pennsylvania Law School. He is a noted scholar of criminal procedure with expertise in criminal charging, plea bargaining, and sentencing. As a professor, Bibas examined how procedural rules written for jury trials have unintended consequences when cases involving jury trials are the exception, rather than the rule, with 95 percent of defendants pleading guilty. Bibas also studied the role of substantive goals such as remorse and apology in criminal procedure.

Early life and education

Bibas was born in New York City and spent his summers growing up working for his father, a Greek immigrant who survived the occupation of Greece during World War II, in his family's restaurants. In high school, he became involved in debate and public speaking. He graduated high school at the age of 15 and entered Columbia University.
At Columbia, Bibas continued to develop his debate skills through the Philolexian Society and Parliamentary debate. He graduated from Columbia when he was 19 with a Bachelor of Arts in political theory, summa cum laude. He then went on to attend Oxford University, graduating two years later with a Bachelor of Arts and Master of Arts in jurisprudence. While at Oxford, Bibas won the 1st place speaker award in the World Debate Championships.
Bibas then attended Yale Law School, where he obtained his Juris Doctor and was a member of the Yale Law Journal. At Yale Law, Bibas joined the moot court team and won awards for the best oralist and best team, and also served as a symposium editor on the Yale Law Journal.

Professional career

From 2006 to 2017, Bibas was a professor at the University of Pennsylvania Law School. He received the Robert A. Gorman Award for Excellence in Teaching in 2008. Bibas previously taught at the University of Chicago Law School and the University of Iowa College of Law and was a research fellow at Yale Law School.
Before beginning his academic career, Bibas was an Assistant United States Attorney for the Southern District of New York, where he successfully prosecuted the world's leading expert in Tiffany stained glass for hiring a grave robber to steal Tiffany windows from cemeteries. Bibas also unsuccessfully prosecuted an alleged $7 theft at the VA hospital in New York.
Early in his career, Bibas worked as a litigation associate at Covington & Burling in Washington, D.C.
From 1994–1995, Bibas clerked for Judge Patrick Higginbotham of the United States Court of Appeals for the Fifth Circuit. He also clerked for Associate Justice of the Supreme Court of the United States Anthony Kennedy from 1997–1998, where he was a co-clerk with Raymond Kethledge.
Bibas is the 15th-most-cited law professor by the U.S. Supreme Court, U.S. courts of appeals, and state high courts as well as the 5th-most-cited professor of criminal law and procedure by law professors.

Supreme Court clinic

Bibas also directed Penn Law's Supreme Court clinic, for which he litigated a wide range of appellate cases under consideration by the United States Supreme Court. The clinic allows students to assist on real Supreme Court cases, including recruiting, strategising, researching, writing briefs, participating in moot court rehearsals, and attending oral arguments at the Court itself. The Court appointed him to brief and argue Tapia v. United States as amicus curiae. The Court praised Bibas and the clinic for doing "an exceptionally good job" on that case.
Cases argued
On June 19, 2017, President Trump nominated Bibas to serve as a United States Circuit Judge of the United States Court of Appeals for the Third Circuit, to fill the seat vacated by Judge Midge Rendell, who took senior status on July 1, 2015. On October 4, 2017, a hearing on his nomination was held before the Senate Judiciary Committee. On October 26, 2017, his nomination was reported out of committee by an 11–9 roll call vote. On November 2, 2017, his nomination was confirmed by the United States Senate by a vote of 53–43. He received his judicial commission on November 20, 2017.
Since joining the Third Circuit, Bibas's writing style has earned him a reputation as "one of the best writers on the federal bench." His style is "instantly recognizable"; its use of short, punchy sentences and colorful examples aims for "radical clarity."
As covered in the Wall Street Journal, Bibas has stated: "My boss is not my chief judge. My boss is not my appointing president. My boss is the Constitution and the laws."

Notable opinions

Bibas has authored dozens of opinions on a wide range of subjects, including the following selected appeals:
Bibas has made several donations to Republicans. He and his wife Juliana Denise Bibas, a writer, have four children. He was a member of the Federalist Society from 1991 to 2017. He has also served as a deacon of the Orthodox Church since 2015.

Selected publications