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 U.S. federal judge is appointed by the U.S. president and confirmed by the U.S. Senate in accordance with Arti ...
on the
U.S. Court of Appeals for the Tenth Circuit.
Early life and education
Hartz was born in 1947 in
Baltimore, Maryland
Baltimore is the List of municipalities in Maryland, most populous city in the U.S. state of Maryland. With a population of 585,708 at the 2020 United States census, 2020 census and estimated at 568,271 in 2024, it is the List of United States ...
. He grew up in
Farmington, New Mexico
Farmington (Navajo language, Navajo: Tóta') is a city in San Juan County, New Mexico, San Juan County in the U.S. state of New Mexico. As of the 2020 United States census, 2020 census, the city had a population of 46,624 people. Farmington (and ...
, and graduated from Farmington High School in 1963 as
valedictorian
Valedictorian is an academic title for the class rank, highest-performing student of a graduation, graduating class of an academic institution in the United States.
The valedictorian is generally determined by an academic institution's grade poin ...
.
He then studied
physics
Physics is the scientific study of matter, its Elementary particle, 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 whi ...
at
Harvard University
Harvard University is a Private university, private Ivy League research university in Cambridge, Massachusetts, United States. Founded in 1636 and named for its first benefactor, the History of the Puritans in North America, Puritan clergyma ...
, 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 Sout ...
''.
After college, Hartz received a fellowship to pursue graduate study in physics at
Princeton University
Princeton University is a private university, private Ivy League research university in Princeton, New Jersey, United States. Founded in 1746 in Elizabeth, New Jersey, Elizabeth as the College of New Jersey, Princeton is the List of Colonial ...
, 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 a chamber of the bicameral United States Congress; it is the upper house, with the U.S. House of Representatives being the lower house. Together, the Senate and House have the authority under Article One of the ...
Jacob Javits
Jacob Koppel Javits ( ; May 18, 1904 – March 7, 1986) was an American lawyer and politician from New York. During his time in politics, he served in both chambers of the United States Congress, a member of the United States House of Representa ...
and as a reporter for ''
The Record
The Record may refer to:
Music
* The Record (Fear album), ''The Record'' (Fear album), a 1982 studio album by the hardcore-punk band Fear
* The Record (Boygenius album), ''The Record'' (Boygenius album), a 2023 studio album by the indie rock supe ...
'', a newspaper in northern
New Jersey
New Jersey is a U.S. state, state located in both the Mid-Atlantic States, Mid-Atlantic and Northeastern United States, Northeastern regions of the United States. Located at the geographic hub of the urban area, heavily urbanized Northeas ...
.
Hartz then attended
Harvard Law School
Harvard Law School (HLS) is the law school of Harvard University, a Private university, private research university in Cambridge, Massachusetts. Founded in 1817, Harvard Law School is the oldest law school in continuous operation in the United ...
, 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 ...
''. He graduated in 1972 with a
Juris Doctor
A Juris Doctor, Doctor of Jurisprudence, or Doctor of Law (JD) is a graduate-entry professional degree that primarily prepares individuals to practice law. In the United States and the Philippines, it is the only qualifying law degree. Other j ...
''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 gov ...
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 at Urbana-Champaign is the law school of the University of Illinois Urbana-Champaign, a public land-grant research university in Champaign and Urbana, Illinois. It was established in 1897 and offers th ...
in
Champaign, Illinois
Champaign ( ) is a city in Champaign County, Illinois, United States. The population was 88,302 at the 2020 census. It is the List of municipalities in Illinois, tenth-most populous municipality in Illinois and the fourth most populous city in ...
. He served on the
Governor of New Mexico
The governor of New Mexico () is the head of government of New Mexico. The governor is the head of the executive branch of New Mexico's state government and the commander-in-chief of the New Mexico National Guard. As noted in the govern ...
'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 from 1988 to 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) 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 union now represents a diverse members ...
, where he worked with the union to develop a
code of conduct
A code of conduct is a set of rules outlining the social norm, norms, rules, and responsibilities or proper practices of an individual party or an organization.
Companies' codes of conduct
A company code of conduct is a set of rules which is comm ...
and an internal system for compliance and enforcement.
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
* Dist ...
by President
George W. Bush
George Walker Bush (born July 6, 1946) is an American politician and businessman who was the 43rd president of the United States from 2001 to 2009. A member of the Bush family and the Republican Party (United States), Republican Party, he i ...
on September 4, 2001 to replace Judge
Bobby Baldock, who assumed
senior status. Hartz was confirmed by the
United States Senate
The United States Senate is a chamber of the Bicameralism, bicameral United States Congress; it is the upper house, with the United States House of Representatives, U.S. House of Representatives being the lower house. Together, the Senate and ...
on December 6, 2001, by a 99–0 vote. He received his commission on December 10, 2001.
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 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 Disabilitie ...
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
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