D. Brock Hornby
|D. Brock Hornby|
|United States District Court for the District of Maine|
|Appointed by:||George H.W. Bush|
|Active:||04/30/1990 - 05/01/2010|
|Chief:||1996 - 2003|
|Senior:||05/01/2010 - Present|
|Preceded by:||Conrad Cyr|
|Succeeded by:||Nancy Torresen|
|Past post:||Associate justice, Maine Supreme Judicial Court|
|Past term:||1988 - 1990|
|Past post 2:||U.S. magistrate judge, District of Maine|
|Past term 2:||1982 - 1988|
|Hometown:||Brandon, Manitoba, Canada|
|Undergraduate:||University of Western Ontario, 1965|
|Law School:||Harvard Law, 1969|
- 1 Early life and education
- 2 Professional career
- 3 Judicial career
- 4 Awards and associations
- 5 Notable cases
- 6 See also
- 7 External links
- 8 References
Early life and education
Born in Brandon, Manitoba, Canada, Hornby earned his B.A. from the University of Western Ontario in 1965, and his J.D. from Harvard Law School in 1969. While at Harvard Law, he served as Supreme Court Note and Developments Editor for the Harvard Law Review (Vol. 83).
- 1988-1990: Associate justice, Maine Supreme Judicial Court
- 1982-1988: Magistrate judge, United States District Court for the District of Maine
- 1974-1982: Attorney in private practice, Portland, Maine
- 1970-1974: Associate professor of law, University of Virginia School of Law
- 1969-1970: Law clerk, Hon. John Minor Wisdom, United States Court of Appeals for the Fifth Circuit
District of Maine
Hornby was appointed to the United States District Court for the District of Maine in 1990 by President George H.W. Bush to fill the seat made vacant by the resignation of Conrad Cyr. Hornby was confirmed by the U.S. Senate on April 27, 1990. Hornby served as chief judge of the court from 1996 to 2003. He assumed senior status on May 1, 2010. Hornby was succeeded in his position by Nancy Torresen.
District of Maine, Magistrate
Awards and associations
Maine’s campaign contribution limits found unconstitutional (2014)United States District Court for the District of Maine (Woodhouse, et al v. Maine Commission on Governmental Ethics and Election Practices, et al)
On August 22, 2014, Judge Hornby ruled in favor of plaintiffs who supported a non-party candidate in a lawsuit concerning campaign contribution limits. At issue in the case was whether non-party candidates could draw contributions for both primary and general elections. Pursuant to Maine’s election laws, while party candidates were permitted to draw up to $3,000 from their donors, non-party candidates were limited to a single draw of $1,500 from each donor. Four plaintiffs filed suit against the Maine Commission on Governmental Ethics and Election Practices, contending that non-party candidates were unfairly prejudiced by the state’s law.
In his 18-page ruling, Judge Hornby noted that he “[d]id not lightly find a state statute unconstitutional,” but that those who filed suit would likely be successful in proving that they had “suffered unconstitutional discrimination as compared to contributors to party candidates.” Judge Hornby issued a preliminary injunction, effectively putting non-party candidates on the same financial footing as party candidates.
GMAC Mortgage Co. case (2011)United States District Court for the District of Maine (Nicolle Bradbury, et al. v. GMAC Mortgage, LLC, cv-10-458-P-H)
In February 2011, Judge Hornby threw out two of three counts that were brought against GMAC Mortgage Co. in a case related to "robo-signing" of documents in foreclosure proceedings. GMAC is a subsidiary of Ally Financial.
Several Maine homeowners filed a suit alleging that the mortgage company used fraudulent paperwork to speed foreclosure cases through the state's court systems, in violation of the law. The case was initiated after a GMAC processor admitted under oath to "robo-signing"--a common practice wherein a processor would sign more than 10,000 foreclosure documents a month without verifying the information therein, a requirement of the law in many states. This so-called "robo-signing" caused the attorneys general of all 50 states to initiate investigations into the practices of GMAC, Bank of America, JPMorgan Chase, and other huge mortgage companies.
Judge Hornby dismissed the plaintiffs' allegations of fraud on the court and abuse of process. He allowed one count to continue, the defendant's alleged violation of the Maine Unfair Trade Practices Act.The case, on the issue of the one remaining count, then went to the Maine Supreme Judicial Court. The court upheld a lower state court ruling allowing GMAC to foreclose on the plaintiffs' home despite the admission to the flawed practices.
- Federal Judicial Center, "Biography of David Brock Hornby"
- Cleaves Law Library, "Biography of D. Brock Hornby"
- Bangor Daily News, "Delegates nominate judge for US court," April 13, 2010
- Federal Judicial Center, "Biography of David Brock Hornby," accessed on October 4, 2014
- Cleaves Law Library, "Biography of D. Brock Hornby," accessed on October 4, 2014
- THOMAS", "Presidential Nominations 101st Congress: D. Brock Hornby (USDC, ME)," accessed on October 4, 2014
- Reuters, "Judge D. Brock Hornby of U.S. District Court in Maine to receive Devitt Award," May 12, 2009 (dead link)
- Portland Press Herald, "Judge rules in Cutler’s favor on campaign contributions," August 22, 2014
- Portland Press Herald, "In foreclosure suit, two counts against GMAC thrown out," February 18, 2011
- Maine Morning Sentinel, "GMAC appeal coming to Supreme Court," June 29, 2011
- Kennebec Journal, "Court upholds ruling in robo-signing foreclosure," December 6, 2011
|District of Maine
|Magistrate judges||John Nivison • John Rich •|
|Former Article III judges||
David Sewall • Albion Keith Parris • Ashur Ware • Edward Fox • Nathan Webb • Clarence Hale • John Andrew Peters • John Clifford (Maine) • Edward Gignoux • George Mitchell • Conrad Cyr • Morton Brody •
|Former Chief judges|