He attended Princeton University, where he received an Artium Baccalaureus degree in 1957 and the UC Berkeley School of Law where he received a Bachelor of Laws in 1960.

He served as a United States Marine Corps Corporal from 1953 to 1955.

[1] Kay was nominated by Ronald Reagan on July 3, 1986, to a new seat created by 98 Stat.

He served as chief judge from 1991 to 1999 and assumed senior status on January 2, 2000.

[1] Kay presided over two federal civil rights lawsuits against Kamehameha Schools, Equal Employment Opportunity Commission v. Kamehameha Schools/Bishop Estate, 780 F. Supp.