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Harris L Hartz (born January 20, 1947) is an American jurist and lawyer who serves as a
federal judge Federal judges are judges appointed by a federal level of government as opposed to the state/provincial/local level. United States A US federal judge is appointed by the US President and confirmed by the US Senate in accordance with Article 3 of ...
on the U.S. Court of Appeals for the Tenth Circuit.


Early life and education

Hartz was born in 1947 in
Baltimore, Maryland Baltimore ( , locally: or ) is the most populous city in the U.S. state of Maryland, fourth most populous city in the Mid-Atlantic, and the 30th most populous city in the United States with a population of 585,708 in 2020. Baltimore was ...
. He grew up in Farmington, New Mexico, and graduated from Farmington High School in 1963 as valedictorian. He then studied physics at Harvard University, graduating in 1967 with an A.B. ''
summa cum laude Latin honors are a system of Latin phrases used in some colleges and universities to indicate the level of distinction with which an academic degree has been earned. The system is primarily used in the United States. It is also used in some Sou ...
''. After college, Hartz received a fellowship to pursue graduate study in physics at Princeton University, but dropped out after one year. From 1968 to 1969, Hartz worked on the reelection campaign of
U.S. Senator The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and powe ...
Jacob Javits and as a reporter for ''
The Record The Record may refer to: Music * ''The Record'' (album), a 1982 studio album by the hardcore-punk band Fear * The Records, an English power pop band * '' Their Greatest Hits: The Record'', a 2001 greatest-hits album by the pop-music group Bee Ge ...
'', a newspaper in northern New Jersey. Hartz then attended
Harvard Law School Harvard Law School (Harvard Law or HLS) is the law school of Harvard University, a private research university in Cambridge, Massachusetts. Founded in 1817, it is the oldest continuously operating law school in the United States. Each class ...
, where he was an editor of the ''
Harvard Law Review The ''Harvard Law Review'' is a law review published by an independent student group at Harvard Law School. According to the ''Journal Citation Reports'', the ''Harvard Law Review''s 2015 impact factor of 4.979 placed the journal first out of 143 ...
''. He graduated in 1972 with a
Juris Doctor The Juris Doctor (J.D. or JD), also known as Doctor of Jurisprudence (J.D., JD, D.Jur., or DJur), is a graduate-entry professional degree in law and one of several Doctor of Law degrees. The J.D. is the standard degree obtained to practice law ...
''magna cum laude''.


Career

Prior to his appointment to the Tenth Circuit, Hartz had a record of experience both in public service and private practice. He was an
Assistant United States Attorney An assistant United States attorney (AUSA) is an official career civil service position in the U.S. Department of Justice composed of lawyers working under the U.S. Attorney of each U.S. federal judicial district. They represent the federal gove ...
for the District of New Mexico from 1972 to 1975, and thereafter spent a year as an assistant professor of law at University of Illinois College of Law in
Champagne, Illinois Champaign ( ) is a city in Champaign County, Illinois, United States. The population was 88,302 at the 2020 census. It is the tenth-most populous municipality in Illinois and the fourth most populous city in Illinois outside the Chicago metropo ...
. He served on the Governor of New Mexico's Organized Crime Prevention Commission from 1976–1979, first as counsel, then as executive director. After that, he was in private practice for nine years before serving as a judge and Chief Judge on the
New Mexico Court of Appeals The New Mexico Court of Appeals (in case citation, N.M. Ct. App.) is the intermediate-level appellate court for the state of New Mexico. History The court of appeals was created by a constitutional amendment submitted to the electorate in a ...
from 1988–1999, during which time he authored approximately 300 opinions. He then returned to private practice at a law firm, serving as Special Counsel to the International Brotherhood of Teamsters, where he worked with the union to develop a code of conduct and an internal system for compliance and enforcement.


Other service

Hartz has been active in the American Law Institute since 1993 and has served as an Adviser for the Restatement of the Law (Third) Agency. He has also been a member of the American Bar Association's Appellate Practice Committee of the Appellate Judges Conference and the Advisory Committee to ABA Standing Committee on Law and National Security. He currently sits on the Board of Overseers of the Searle Civil Justice Institute, a program of the Law & Economics Center at George Mason University School of Law.


Federal judicial service

Hartz was nominated to the United States Court of Appeals for the Tenth Circuit by President George W. Bush on September 4, 2001 to replace Judge Bobby Baldock, who took senior status. Hartz was confirmed by the United States Senate on December 6, 2001, by a vote o
99–0


Notable cases

*Riviera Drilling & Exploration Co. v. Gunnison Energy Corp. et al., No. 10-1081 (10th Cir. 2014) – In an unpublished order and judgment written by Judge Hartz, the Tenth Circuit affirmed the lower court's dismissal of a $100 million antitrust case against an energy company accused of setting artificially high prices for its gas pipeline in Colorado. *United States v. Heineman, 767 F.3d 970 (10th Cir. 2014) – In a first amendment free speech case, Defendant Aaron Michael Heineman e-mailed a hateful poem to a University of Utah professor. In an opinion written by Judge Hartz, the Tenth Circuit adhered to the view that ''Virginia v. Black'' required the district court to find that Defendant intended to instill fear before it could convict him of violating 18 U.S.C. § 875(c). *
Endrew F. v. Douglas County School Dist. RE–1 ''Endrew F. v. Douglas County School Dist. RE–1'', 580 U.S. ___ (2017), was a United States Supreme Court case that held that the Individuals with Disabilities Education Act ("IDEA"), required schools to provide students an education that is "r ...
, 798 F.3d 1329 (
10th Cir. The United States Court of Appeals for the Tenth Circuit (in case citations, 10th Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts: * District of Colorado * District of Kansas * Distric ...
2015) - In a case where parents of Endrew F., a child with autism, appealed a case to the court in an effort to be reimbursed for private school tuition resulting from lack of Free Appropriate Public Education (FAPE) under the Individuals with Disabilities Education Act (IDEA) given to their child by their school district, the court ruled that Endrew had received "some educational benefit" (as per
Board of Education v. Rowley ''Board of Education of the Hendrick Hudson Central School District v. Rowley'', 458 U.S. 176 (1982), is a United States Supreme Court case concerning the interpretation of the Education for All Handicapped Children Act of 1975. Amy Rowley was a ...
) and had thus had received FAPE and did not qualify for reimbursement. This case was successfully appealed to the Supreme Court in which the justices found that the way which the 10th Circuit determined if Endrew had received FAPE was wrong, remanding the case back to the lower courts for review.


Works

* *


References


External links

*
U.S. Department of Justice Profile
{{DEFAULTSORT:Hartz, Harris L. 1947 births 21st-century American judges Assistant United States Attorneys Harvard Law School alumni Judges of the United States Court of Appeals for the Tenth Circuit Lawyers from Baltimore Living people New Mexico state court judges United States court of appeals judges appointed by George W. Bush University of Illinois Urbana-Champaign faculty Harvard College alumni