James Robart

James Louis Robart (born September 2, 1947) is a senior United States district judge of the United States District Court for the Western District of Washington.

Early life and education

Robart was born in Seattle, Washington, in 1947. Robart's father, Victor Robart, worked for Standard Oil of California as a ship captain.Dana Luthy
Profile of Judge James L. Robart
Federal Bar Association of the Western District of Washington News, Vol. 27, No. 1 (Summer 2004), pp. 11 & 13. James Robart grew up in the Richmond Beach neighborhood of Shoreline, Washington, and graduated from Shoreline High School, where he was student body president. He attained the rank of Eagle Scout.

Robart received a Bachelor of Arts degree ''magna cum laude'' from Whitman College in 1969 and a Juris Doctor from Georgetown University Law Center in 1973. As a law student, he was administrative editor of the ''Georgetown Law Journal''. He also was a legislative assistant to United States Representative John Dellenback and worked with Henry M. "Scoop" Jackson on the Alaska Native Claims Settlement Act.

Legal career

From 1973 to 2004, Robart was in private practice in Seattle with the law firm of Lane Powell Moss & Miller (later Lane Powell Spears Lubersky LLP and then Lane Powell PC). He specialized in civil litigation. He was the chair of the firm's Litigation Department from 1992 to 1998, and was managing partner at the firm in 2003 and 2004. As an attorney, Robart tried numerous cases, including high-profile litigation related to Washington's Initiative 695, in which he successfully represented the cities of Bainbridge Island, Bremerton and Lakewood in both the trial court and the Washington Supreme Court. He did pro bono work with Evergreen Legal Services, and independently represented Southeast Asian refugees. He is a fellow of the American College of Trial Lawyers.

Robart has been president of the Seattle Children's Home and former trustee of the Children's Home Society of Washington.Mica Rosenberg & Nathan Layne
'So-called judge' derided by Trump known for fairness, work with youth
Reuters (February 4, 2017).

Robart has been a trustee of his ''alma mater'' Whitman College, and was chair of the college's Board of Overseers.

Federal judicial service

On December 9, 2003, Robart was nominated by President George W. Bush to a seat on the United States District Court for the Western District of Washington vacated by Thomas S. Zilly. He received a unanimous "well-qualified" rating from the American Bar Association's Standing Committee on the Federal Judiciary. Robart was unanimously confirmed by the United States Senate on June 17, 2004, and received his commission on June 21, 2004. He took senior status on June 28, 2016.

Notable cases

Robart presided over a case in which a street performer (busker) raised a constitutional challenge to Seattle Center rules regulating performers' conduct. In 2005, Robart held that some of the regulations, such as those requiring performers to wear badges and barring them from performing within 30 feet of people waiting in line, were a prior restraint and violated performers' constitutional right to freedom of speech.Paul Shukovsky
Seattle Center limits on street performers OK'd
''Seattle Post-Intelligencer'' (January 9, 2008). On appeal, a three-judge panel of the Ninth Circuit initially reversed in a 2-1 decision, holding that the regulations were valid. After a rehearing ''en banc'', the Ninth Circuit upheld Robart's ruling, concluding that the challenged rules did not "qualify as reasonable time, place, or manner restrictions" under the current record.

In 2005, in the case of ''ASF Inc. v. City of Seattle'', Robart struck down the City of Seattle's effective ban on strip clubs, finding that the city's 17-year moratorium on granting adult entertainment licenses constituted an unconstitutional prior restraint.

In 2011, Robart dismissed a lawsuit brought by phone book companies against the City of Seattle. The companies challenged the city's law that created a "yellow book" opt-out registry, allowing residents to cancel deliveries of phone books. Robart found that the ordinance was a permissible restraint on commercial speech. On appeal, however, the U.S. Court of Appeals for the Ninth Circuit, disagreed and reversed.

In 2012 Robart presided over a breach of contract matter between Microsoft and Motorola, which determined a reasonable and non-discriminatory royalty rate for a portfolio of standard essential patents, including for several 802.11 ("WiFi") and H.264 video-encoding patents.

In August 2016, Robart presided over a 2012 consent decree requiring the Seattle Police Department to address federal allegations of police bias. During the hearing, he said "black lives matter."

Robart was assigned to '' Microsoft v. United States'', a case brought in 2016 by Microsoft Corp. (with support by other tech companies, including Apple, Google, and Amazon) against the U.S. Department of Justice, challenging the provision of the federal Stored Communications Act that bars companies from alerting customers to secret government surveillance of their emails. In February 2017, Robart denied the government's motion to dismiss, finding that Microsoft had made a plausible First Amendment argument that these "gag orders" were akin to "permanent injunctions preventing speech from taking place before it occurs" and therefore failed strict scrutiny. Robart wrote: "The public debate has intensified as people increasingly store their information in the cloud and on devices with significant storage capacity. Government surveillance aided by service providers creates unique considerations because of the vast amount of data service providers have about their customers."

On February 3, 2017, Robart granted a temporary restraining order against President Donald Trump's executive order on travel and immigration, pending review of a lawsuit brought by Washington Attorney General Bob Ferguson. Trump responded via Twitter, calling the opinion "ridiculous" and disparaging Robart as a "so-called judge".Jim Brunner
Trump's 'so-called judge' is a highly regarded GOP appointee
''Seattle Times'' (February 4, 2017). These comments prompted criticism from some members of Congress and commentators who claimed it endangered the independence of the judiciary. On February 9, a three-judge panel of the Ninth Circuit unanimously upheld Robart's order and rejected the federal government's request for an emergency stay pending appeal.

On December 23, 2017, Robart granted a nationwide injunction that blocks the administration’s restrictions on the process of reuniting refugee families and partially lifted a ban on refugees from 11 mostly Muslim countries.

On July 24, 2020, Robart granted a restraining order on behalf of the justice department overruling a Seattle city ban on the use of teargas and impact munitions.

Personal life

Robart married Mari Jalbing in November 1980. The two have been foster parents for many years, mostly for children from southeast Asia.Presentation of James L. Robart, Nominee To Be District Judge for the Western District of Washington, by Hon. Patty Murray, a U.S. Senator from the State of Washington
S. Hrg. 108-135, Pt. 6, United States Senate Committee on the Judiciary, 108th Congress.

Robart is an avid fisherman and has for many years taken annual fishing trips to Langara Island, British Columbia. He is also a frequent reader of biographies, citing William Manchester's unfinished Churchill biography as his favorite. He is known for often wearing a bow tie along with his judicial robes.

References

External links

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{{DEFAULTSORT:Robart, James Louis
1947 births
Living people
Georgetown University Law Center alumni
Judges of the United States District Court for the Western District of Washington
Lawyers from Seattle
United States district court judges appointed by George W. Bush
21st-century American judges
Whitman College alumni