Harris Hartz
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Harris L Hartz (born January 20, 1947) is an American jurist and lawyer who serves as a federal judge 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 List of municipalities in Maryland, most populous city in the U.S. state of Maryland, fourth most populous city in the Mid-Atlantic (United States), Mid-Atlantic, and List of United States cities by popula ...
. He grew up in
Farmington, New Mexico Farmington is a city in San Juan County in the U.S. state of New Mexico. As of the 2020 census the city had a total population of 46,624 people. Farmington (and surrounding San Juan County) makes up one of the four Metropolitan Statistical Area ...
, and graduated from Farmington High School in 1963 as
valedictorian Valedictorian is an academic title for the highest-performing student of a graduating class of an academic institution. The valedictorian is commonly determined by a numerical formula, generally an academic institution's grade point average (GPA ...
. He then studied
physics Physics is the natural science that studies matter, its fundamental constituents, its motion and behavior through space and time, and the related entities of energy and force. "Physical science is that department of knowledge which r ...
at
Harvard University Harvard University is a private Ivy League research university in Cambridge, Massachusetts. Founded in 1636 as Harvard College and named for its first benefactor, the Puritan clergyman John Harvard, it is the oldest institution of high ...
, graduating in 1967 with an
A.B. Bachelor of arts (BA or AB; from the Latin ', ', or ') is a bachelor's degree awarded for an undergraduate program in the arts, or, in some cases, other disciplines. A Bachelor of Arts degree course is generally completed in three or four yea ...
'' summa cum laude''. After college, Hartz received a fellowship to pursue graduate study in physics at
Princeton University Princeton University is a private research university in Princeton, New Jersey. Founded in 1746 in Elizabeth as the College of New Jersey, Princeton is the fourth-oldest institution of higher education in the United States and one of the ...
, but dropped out after one year. From 1968 to 1969, Hartz worked on the reelection campaign of U.S. Senator
Jacob Javits Jacob Koppel Javits ( ; May 18, 1904 – March 7, 1986) was an American lawyer and politician. During his time in politics, he represented the state of New York in both houses of the United States Congress. A member of the Republican Party, he al ...
and as a reporter for '' The Record'', a newspaper in northern
New Jersey New Jersey is a state in the Mid-Atlantic and Northeastern regions of the United States. It is bordered on the north and east by the state of New York; on the east, southeast, and south by the Atlantic Ocean; on the west by the Delaware ...
. Hartz then attended Harvard Law School, where he was an editor of the '' Harvard Law Review''. He graduated in 1972 with a Juris Doctor ''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 for the
District of New Mexico The District of New Mexico was a military district of the United States Army in the Territory of New Mexico that existed from 1865 to 1890. The District of Arizona and the District of New Mexico replaced the Department of New Mexico from June 27 ...
from 1972 to 1975, and thereafter spent a year as an assistant professor of law at
University of Illinois College of Law The University of Illinois College of Law (Illinois Law or UIUC Law) is the law school of the University of Illinois Urbana-Champaign, a public university in Champaign, Illinois. It was established in 1897 and offers the J.D., LL.M., and J.S ...
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 , insignia = Seal of the Governor of New Mexico.svg , insigniasize = 110px , insigniacaption = Seal of the Governor , image = File:Michelle Lujan Grisham 2021.jpg , imagesize = 200px , alt = , incumbent = Michelle Lujan Grisham , inc ...
'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 A chief judge (also known as presiding judge, president judge or principal judge) is the highest-ranking or most senior member of a lower court or circuit court with more than one judge. According to the Federal judiciary of the United States, th ...
on the New Mexico Court of Appeals 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 The International Brotherhood of Teamsters (IBT), also known as the Teamsters Union, is a labor union in the United States and Canada. Formed in 1903 by the merger of The Team Drivers International Union and The Teamsters National Union, the un ...
, 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 The Antonin Scalia Law School (previously George Mason University School of Law) is the law school of George Mason University, a public research university in Virginia. It is located in Arlington, Virginia, roughly west of Washington, D.C., a ...
.


Federal judicial service

Hartz was nominated to the
United States Court of Appeals for the Tenth Circuit 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 * Distr ...
by President
George W. Bush George Walker Bush (born July 6, 1946) is an American politician who served as the 43rd president of the United States from 2001 to 2009. A member of the Republican Party, Bush family, and son of the 41st president George H. W. Bush, he ...
on September 4, 2001 to replace Judge
Bobby Baldock Bobby Ray Baldock (born January 24, 1936) is an American attorney and jurist serving as a Senior United States circuit judge of the United States Court of Appeals for the Tenth Circuit. He was previously a United States district judge of the Uni ...
, who took
senior status Senior status is a form of semi- retirement for United States federal judges. To qualify, a judge in the federal court system must be at least 65 years old, and the sum of the judge's age and years of service as a federal judge must be at leas ...
. Hartz was confirmed by the
United States Senate 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 pow ...
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, 798
F.3d The ''Federal Reporter'' () is a case law reporter in the United States that is published by West Publishing and a part of the National Reporter System. It begins with cases decided in 1880; pre-1880 cases were later retroactively compiled by We ...
1329 ( 10th Cir. 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) The right to a Free Appropriate Public Education (FAPE) is an educational entitlement of all students in the United States who are identified as having a disability, guaranteed by the Rehabilitation Act of 1973 and the Individuals with Disabilities ...
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) 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