Marco A. Hernandez (Oregon)
Marco Antonio Hernandez was a judge on the United States District Court for the District of Oregon. He joined the court in 2011 after a nomination from President Barack Obama (D). He was chief judge from 2019 to 2024.[1]
Hernandez retired on August 21, 2024.[2]
Early life and education
A native of Nogales, Arizona, Hernandez earned his bachelor's degree from Western Oregon State University in 1983 and his J.D. from the University of Washington School of Law in 1986.[1]
Professional career
- 2011 - 2024: Judge, United States District Court for the District of Oregon
- 2019 - 2024: Chief judge
- 1998-2011: Judge, Washington County Circuit Court, Oregon
- 2002-2005: Presiding judge
- 1995-1998: Judge, Washington County District Court
- 1989-1994: Deputy district attorney, Washington County, Oregon
- 1986-1989: Staff attorney, Oregon Legal Services[1]
Judicial career
District of Oregon
 |
| Nominee Information |
| Name: Marco A. Hernandez |
| Court: United States District Court for the District of Oregon |
| Progress |
| Confirmed 33 days after nomination. |
| Questionnaire: |
| QFRs: (Hover over QFRs to read more) |
Hernandez was first nominated by President George Bush (R) on July 23, 2008, to a seat on the United States District Court for the District of Oregon vacated by Garr King. The American Bar Association rated Hernandez Unanimously Qualified for the nomination. Under provisions of Rule XXXI, paragraph six of the standing rules of the Senate, Hernandez's nomination was returned to the president on January 2, 2009.
President Obama resubmitted the nomination on July 14, 2010. Hearings on Hernandez's nomination were held before the Senate Judiciary Committee on November 17, 2010, and his nomination was reported by U.S. Sen. Patrick Leahy (D-Vt.) on December 8, 2010. Under provisions of Rule XXXI, paragraph six of the standing rules of the Senate, Hernandez's nomination was returned to the president on December 22, 2010.
President Obama resubmitted the nomination on January 5, 2011, and Senator Leahy reported the nomination on February 3, 2011, without additional hearings. Hernandez was confirmed on a voice vote of the U.S. Senate on February 7, 2011, and he received his commission on February 9, 2011.[1][3][4][5][6]
Hernandez became chief judge of the court in 2019.[1]
Noteworthy cases
Don't Shoot Portland v. Portland (2020)
Don't Shoot Portland v. Portland: On June 9, 2020, Judge Marco A. Hernandez, of the United States District Court for the District of Oregon, issued a temporary restraining order limiting the use of tear gas as a crowd control method in Portland, Oregon. The plaintiffs, a group named Don’t Shoot Portland, alleged that the city had violated their rights to free speech and freedom from excessive force under the First and Fourth Amendments, respectively, by using tear gas to disperse their protests. Hernandez agreed, writing, "[Given] the effects of tear gas," which is "specifically designed to irritate the respiratory system and to cause people to expel mucus and aspirated saliva," a principal method of COVID-19 transmission, "Plaintiffs have established a strong likelihood that Defendant engaged in excessive force contrary to the Fourth Amendment." He added that the plaintiffs had presented "at least a serious question as to whether they have been deprived of their First Amendment rights." The judge noted that his order did not bar the use of tear gas altogether, but instead limited use "to situations in which the lives or safety of the public or the police are at risk." As of June 16, 2020, the city had not indicated whether it intended to appeal the decision.[7]
See also
- United States District Court for the District of Oregon
- United States Court of Appeals for the 9th Circuit
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 Federal Judicial Center, "Biography of Judge Marco Antonio Hernandez," accessed Sep 24, 2020
- ↑ United States Courts, "Future Judicial Vacancies," accessed March 8, 2023
- ↑ United States Congress, "PN 1902 — Marco A. Hernandez — The Judiciary," accessed May 24, 2017
- ↑ United States Congress, "PN 1966 — Marco A. Hernandez — The Judiciary," accessed May 24, 2017
- ↑ United States Congress, "PN 23 — Marco A. Hernandez — The Judiciary," accessed May 24, 2017
- ↑ American Bar Association, "Ratings of Article III judicial nominees, 104th Congress," accessed May 24, 2017
- ↑ United States District Court for the District of Oregon, "Don't Shoot Portland v. Portland: Order," June 9, 2020
| Political offices | ||
|---|---|---|
| Preceded by - |
United States District Court for the District of Oregon 2011-2024 |
Succeeded by Amy Baggio |
| |||
|---|---|---|---|
| Nominated | |||
Federal courts:
Ninth Circuit Court of Appeals • U.S. District Court: District of Oregon • U.S. Bankruptcy Court: District of Oregon
State courts:
Oregon Supreme Court • Oregon Court of Appeals • Oregon Circuit Courts • Oregon Tax Court • Oregon County Courts • Oregon Justice Courts • Oregon Municipal Courts
State resources:
Courts in Oregon • Oregon judicial elections • Judicial selection in Oregon