Michael J. McShane: Difference between revisions

Michael J. McShane
Michael J. McShane
Chief Judge of the United States District Court for the District of Oregon
	Incumbent
	Assumed office ; January 1, 2024
Preceded by	Marco A. Hernandez
Judge of the United States District Court for the District of Oregon
	Incumbent
	Assumed office ; May 30, 2013
Appointed by	Barack Obama
Preceded by	Michael Robert Hogan
Personal details
Born	Michael Jerome McShane; 1961 (age 62–63); Pittsburgh, Pennsylvania, U.S.
Education	Gonzaga University (BA); Lewis & Clark College (JD)

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Michael J. McShane (born 1961) is an American lawyer serving as the chief United States district judge of the United States District Court for the District of Oregon. He previously served as a state court judge on the Oregon Multnomah County Circuit Court from 2001 to 2013.

Early life, education and career

McShane was born in 1961 in Pittsburgh, in a conservative Catholic family. He grew up in Kennewick, Washington, where he attended high school.^[1]

McShane graduated from Gonzaga University in 1983 with a Bachelor of Arts degree magna cum laude. He then joined the Jesuit Volunteer Corps and spent two years in Portland, Oregon, as a corrections counselor.^[2] He left the Jesuit Volunteer Corps in 1985 to attend Lewis & Clark Law School, graduating in 1988 with a Juris Doctor cum laude.^[3]

He had worked for the Clark County District Attorney's office during law school but, on graduating, McShane joined the Office of the Metropolitan Public Defender in Portland, where he worked from 1988 to 1997.^[4]

Judicial service

State judicial service

He served as a full-time Judge Pro Tempore on the Multnomah County Circuit Court from 1997 to 2001 and as a Judge on the same court from 2001 to 2013. He handled civil, criminal and family court cases. He received the Oregon State Bar President's Public Service Award in 2012.^[5]^[4]

Federal judicial service

On September 19, 2012, President Barack Obama nominated McShane to serve as a United States District Judge for the United States District Court for the District of Oregon, to the seat vacated by Judge Michael R. Hogan who assumed senior status on September 24, 2011.^[5] On January 2, 2013, his nomination was returned to the President, due to the sine die adjournment of the Senate. On January 3, 2013, he was renominated to the same office. His nomination was reported by the Senate Judiciary Committee on March 7, 2013, by voice vote.^[6] The Senate confirmed his nomination on May 20, 2013, by voice vote. He received his commission on May 30, 2013.^[4] He became chief judge on January 1, 2024.^[7]

Same-sex marriage ruling

On May 19, 2014, McShane struck down Oregon's same-sex marriage ban in Geiger v. Kitzhaber. He ordered that the state immediately issue licenses to same-sex couples.^[8] The State of Oregon did not appeal (Oregon Attorney General Ellen Rosenblum declined to defend the state's ban on same-sex marriage); same-sex marriage in Oregon was legalized as a result.^[9]

Public defense crisis

On August 15, 2023, McShane ordered the Washington County sheriff to release all defendants from jail if they had been held for 10 days without a lawyer.^[10] This was amidst a long-standing crisis in the state's unique public defender system whereby the state and not the county paid for and contracted for public defense services via third party nonprofits creating a shortage of public defenders.^{[citation needed]}

Personal

McShane is openly gay,^[11] and he is the first openly gay federal judge in Oregon.^[12] His partner is Gregory Ford,^[1] and they have a son.^[13]

McShane sits on the boards of The Wayne Morse Center for Law and Politics at the University of Oregon and the Jesuit Volunteer Corps Northwest. He previously sat on the board of St. Andrew Nativity School, an inner city middle school in Portland for disadvantaged youth. He taught criminal practice and trial advocacy at Lewis & Clark Law School and is a frequent lecturer at law schools and bar associations in Oregon.^[2]

References

^ ^a ^b "Gay marriage: Openly gay judge, Michael McShane, in spotlight overseeing Oregon case". The Oregonian. April 17, 2014.
^ ^a ^b "Michael McShane". Multnomah Bar Association. Retrieved 2013-12-05.
^ Senate Judiciary Committee Questionnaire
^ ^a ^b ^c Michael J. McShane at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.
^ ^a ^b "Nomination announcement from". whitehouse.gov. 2012-09-19. Retrieved 2013-12-05 – via National Archives.
^ "Renomination announcement". whitehouse.gov. 2013-01-03. Retrieved 2013-12-05 – via National Archives.
^ "Chief Judge Transition" (Press release). United States District Court for the District of Oregon. December 1, 2023. Retrieved January 1, 2024. On January 1, 2024, the role of Chief Judge for the U.S. District Court for the District of Oregon transfers from Judge Marco Hernández to Judge Michael McShane. The Board of Judges extends its gratitude for Judge Hernández's service as Chief Judge and congratulates Judge McShane on his new role.
^ Jeff Mapes, Judge Michael McShane writes unusually personal decision in Oregon gay marriage case, The Oregonian/OregonLive.com (May 19, 2014).
^ Oregon's gay marriage ruling further insulated from reversal following Supreme Court action, The Oregonian/OregonLive.com (October 6, 2014).
^ Crombie, Noelle (August 15, 2023). "National 'embarrassment': Judge sets 10-day deadline to release people held in jail without lawyer". Oregonian.
^ Oregon Judicial Department (2012-09-19). "Obama nominates Multnomah County Circuit Judge Michael McShane to federal bench". OregonLive.com. Retrieved 2013-12-05.
^ "President Obama Nominates Openly Gay Judge for Federal Court in Oregon | Human Rights Campaign". Hrc.org. 2012-09-21. Archived from the original on 2014-04-22. Retrieved 2013-12-05.
^ Denniston, Lyle (May 19, 2014). "Oregon's same-sex marriage ban nullified". SCOTUSBlog. Retrieved May 19, 2014.

External links

Media related to Michael J. McShane at Wikimedia Commons

Michael J. McShane at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.
Michael J. McShane at Ballotpedia

Legal offices
Preceded by Michael Robert Hogan	Judge of the United States District Court for the District of Oregon 2013–present	Incumbent
Preceded by Marco A. Hernandez	Chief Judge of the United States District Court for the District of Oregon 2024–present	Incumbent

[oregonian-1] "Gay marriage: Openly gay judge, Michael McShane, in spotlight overseeing Oregon case". The Oregonian. April 17, 2014.

[mba-2] "Michael McShane". Multnomah Bar Association. Retrieved 2013-12-05.

[SJCQ-3] Senate Judiciary Committee Questionnaire

[fjc.gov-4] Michael J. McShane at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.

[whitehouse.gov-5] "Nomination announcement from". whitehouse.gov. 2012-09-19. Retrieved 2013-12-05 – via National Archives.

[6] "Renomination announcement". whitehouse.gov. 2013-01-03. Retrieved 2013-12-05 – via National Archives.

[7] "Chief Judge Transition" (Press release). United States District Court for the District of Oregon. December 1, 2023. Retrieved January 1, 2024. On January 1, 2024, the role of Chief Judge for the U.S. District Court for the District of Oregon transfers from Judge Marco Hernández to Judge Michael McShane. The Board of Judges extends its gratitude for Judge Hernández's service as Chief Judge and congratulates Judge McShane on his new role.

[8] Jeff Mapes, Judge Michael McShane writes unusually personal decision in Oregon gay marriage case, The Oregonian/OregonLive.com (May 19, 2014).

[9] Oregon's gay marriage ruling further insulated from reversal following Supreme Court action, The Oregonian/OregonLive.com (October 6, 2014).

[10] Crombie, Noelle (August 15, 2023). "National 'embarrassment': Judge sets 10-day deadline to release people held in jail without lawyer". Oregonian.

[11] Oregon Judicial Department (2012-09-19). "Obama nominates Multnomah County Circuit Judge Michael McShane to federal bench". OregonLive.com. Retrieved 2013-12-05.

[12] "President Obama Nominates Openly Gay Judge for Federal Court in Oregon | Human Rights Campaign". Hrc.org. 2012-09-21. Archived from the original on 2014-04-22. Retrieved 2013-12-05.

[13] Denniston, Lyle (May 19, 2014). "Oregon's same-sex marriage ban nullified". SCOTUSBlog. Retrieved May 19, 2014.

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@@ Line 1: / Line 1: @@
-{{Short description|American federal judge}}
+{{Short description|American judge (born 1961)}}
 {{Infobox judge
 | honorific-prefix          =
@@ Line 7: / Line 7: @@
 | alt                       =
 | caption                   =
-| office                    = Judge of the [[United States District Court for the District of Oregon]]
+| office                    = Chief Judge of the [[United States District Court for the District of Oregon]]
-| term_start                = May 30, 2013
+| term_start                = January 1, 2024
 | term_end                  =
-| nominator                 =
+| predecessor               = [[Marco A. Hernandez]]
-| appointer                 = [[List of federal judges appointed by Barack Obama|Barack Obama]]
-| predecessor               = [[Michael Robert Hogan]]
 | successor                 =
+| office1                   = Judge of the [[United States District Court for the District of Oregon]]
+| term_start1               = May 30, 2013
+| term_end1                 =
+| appointer1                = [[List of federal judges appointed by Barack Obama|Barack Obama]]
+| predecessor1              = [[Michael Robert Hogan]]
+| successor1                =
 | pronunciation             =
 | birth_name                = Michael Jerome McShane
 | birth_date                = {{birth year and age|1961}}
-| birth_place               = [[Pittsburgh]], [[Pennsylvania]], U.S.
+| birth_place               = [[Pittsburgh]], Pennsylvania, U.S.
 | death_date                =
 | death_place               =
@@ Line 55: / Line 59: @@
 | footnotes                 =
 }}
-'''Michael J. McShane''' (born 1961) is an American lawyer and jurist serving as a [[United States federal judge|United States district judge]] of the [[United States District Court for the District of Oregon]]. He previously served as a state court judge on the Oregon [[Multnomah County, Oregon|Multnomah County]] Circuit Court from 2001 to 2013.
+'''Michael J. McShane''' (born 1961) is an American lawyer serving as the [[United States federal judge|chief United States district judge]] of the [[United States District Court for the District of Oregon]]. He previously served as a state court judge on the Oregon [[Multnomah County, Oregon|Multnomah County]] Circuit Court from 2001 to 2013.
 ==Early life, education and career==
-McShane was born in a conservative [[Catholic Church|Catholic]] family. He grew up in [[Kennewick, Washington]], where he attended high school.<ref name="oregonian">{{cite news|title=Gay marriage: Openly gay judge, Michael McShane, in spotlight overseeing Oregon case|url=http://www.oregonlive.com/mapes/index.ssf/2014/04/gay_marriage_openly_gay_judge.html|work=[[The Oregonian]]|date=April 17, 2014}}</ref>
+McShane was born in 1961 in [[Pittsburgh]], in a conservative [[Catholic Church|Catholic]] family. He grew up in [[Kennewick, Washington]], where he attended high school.<ref name="oregonian">{{cite news|title=Gay marriage: Openly gay judge, Michael McShane, in spotlight overseeing Oregon case|url=http://www.oregonlive.com/mapes/index.ssf/2014/04/gay_marriage_openly_gay_judge.html|work=[[The Oregonian]]|date=April 17, 2014}}</ref>
 McShane graduated from [[Gonzaga University]] in 1983 with a [[Bachelor of Arts]] degree ''[[Latin honors#United States|magna cum laude]]''. He then joined the [[Jesuit Volunteer Corps]] and spent two years in [[Portland, Oregon]], as a corrections counselor.<ref name="mba">{{cite web|url=http://www.mbabar.org/Resources/MichaelMcShane.html |title=Michael McShane|publisher=Multnomah Bar Association|access-date=2013-12-05}}</ref> He left the Jesuit Volunteer Corps in 1985 to attend [[Lewis & Clark Law School]], graduating in 1988 with a [[Juris Doctor]] ''cum laude''.<ref name="SJCQ">[https://www.judiciary.senate.gov/imo/media/doc/Michael-McShane-Senate-Questionnaire-Public-Final.pdf Senate Judiciary Committee Questionnaire]</ref>
-He had worked for the [[Clark County, Washington|Clark County]] District Attorney's office during law school but, on graduating, McShane joined the Office of the Metropolitan [[Public Defender]] in [[Portland, Oregon|Portland]], where he worked from 1988 to 1997.<ref name="fjc.gov">{{cite web|url=https://www.fjc.gov/history/judges/mcshane-michael-jerome|title=McShane, Michael Jerome – Federal Judicial Center|website=www.fjc.gov}}</ref>
+He had worked for the [[Clark County, Washington|Clark County]] District Attorney's office during law school but, on graduating, McShane joined the Office of the Metropolitan [[Public Defender]] in [[Portland, Oregon|Portland]], where he worked from 1988 to 1997.<ref name="fjc.gov">{{FJC Bio|nid=1394211|inline=yes}}</ref>
-==State judicial service==
+== Judicial service ==
+=== State judicial service ===
 He served as a full-time Judge Pro Tempore on the [[Multnomah County, Oregon|Multnomah County]] [[Oregon circuit courts|Circuit Court]] from 1997 to 2001 and as a Judge on the same court from 2001 to 2013. He handled civil, criminal and family court cases. He received the Oregon State Bar President's Public Service Award in 2012.<ref name="whitehouse.gov">{{cite web|url=https://obamawhitehouse.archives.gov/the-press-office/2012/09/19/president-obama-nominates-three-united-states-district-courts |title=Nomination announcement from |date=2012-09-19 |via=[[NARA|National Archives]] |work=[[whitehouse.gov]] |access-date=2013-12-05}}</ref><ref name="fjc.gov"/>
-==Federal judicial service==
+=== Federal judicial service ===
-On September 19, 2012, President [[Barack Obama]] nominated McShane to serve as a United States District Judge for the United States District Court for the District of Oregon, to the seat vacated by Judge [[Michael R. Hogan]] who assumed [[senior status]] on September 24, 2011.<ref name="whitehouse.gov"/> On January 2, 2013, his nomination was returned to the President, due to the sine die adjournment of the Senate. On January 3, 2013, he was renominated to the same office. His nomination was reported by the [[United States Senate Committee on the Judiciary|Senate Judiciary Committee]] on March 7, 2013, by [[voice vote]].<ref>{{cite web|url=https://obamawhitehouse.archives.gov/the-press-office/2013/01/03/president-obama-re-nominates-thirty-three-federal-judgeships |title=Renomination announcement |date=2013-01-03 |via=[[NARA|National Archives]] |work=[[whitehouse.gov]] |access-date=2013-12-05}}</ref> The Senate confirmed his nomination on May 20, 2013, by [[voice vote]]. He received his commission on May 30, 2013.<ref name="fjc.gov"/>
+On September 19, 2012, President [[Barack Obama]] nominated McShane to serve as a United States District Judge for the United States District Court for the District of Oregon, to the seat vacated by Judge [[Michael R. Hogan]] who assumed [[senior status]] on September 24, 2011.<ref name="whitehouse.gov"/> On January 2, 2013, his nomination was returned to the President, due to the sine die adjournment of the Senate. On January 3, 2013, he was renominated to the same office. His nomination was reported by the [[United States Senate Committee on the Judiciary|Senate Judiciary Committee]] on March 7, 2013, by [[voice vote]].<ref>{{cite web|url=https://obamawhitehouse.archives.gov/the-press-office/2013/01/03/president-obama-re-nominates-thirty-three-federal-judgeships |title=Renomination announcement |date=2013-01-03 |via=[[NARA|National Archives]] |work=[[whitehouse.gov]] |access-date=2013-12-05}}</ref> The Senate confirmed his nomination on May 20, 2013, by [[voice vote]]. He received his commission on May 30, 2013.<ref name="fjc.gov"/> He became chief judge on January 1, 2024.<ref>{{Cite press release |title=Chief Judge Transition |date=December 1, 2023 |publisher=United States District Court for the  District of Oregon |url=https://www.ord.uscourts.gov/index.php#chief-judge-transition |quote=On January 1, 2024, the role of Chief Judge for the U.S. District Court for the District of Oregon transfers from Judge Marco Hernández to Judge Michael McShane. The Board of Judges extends its gratitude for Judge Hernández’s service as Chief Judge and congratulates Judge McShane on his new role. |access-date=January 1, 2024}}</ref>
-==Same-sex marriage==
+==== Same-sex marriage ruling ====
-On May 19, 2014, Judge McShane struck down Oregon's same-sex marriage ban in ''[[Geiger v. Kitzhaber]]''. He ordered that the state immediately issue licenses to same-sex couples.<ref>Jeff Mapes, [http://www.oregonlive.com/mapes/index.ssf/2014/05/judge_michael_mcshane_writes_u.html Judge Michael McShane writes unusually personal decision in Oregon gay marriage case], ''The Oregonian''/OregonLive.com (May 19, 2014).</ref>  The State of Oregon did not appeal ([[Oregon Attorney General]] [[Ellen Rosenblum]] declined to defend the state's ban on same-sex marriage); [[same-sex marriage in Oregon]] was legalized as a result.<ref>[http://www.oregonlive.com/mapes/index.ssf/2014/10/oregons_gay_marriage_ruling_fu.html Oregon's gay marriage ruling further insulated from reversal following Supreme Court action], ''The Oregonian''/OregonLive.com (October 6, 2014).</ref>
+On May 19, 2014, McShane struck down Oregon's same-sex marriage ban in ''[[Geiger v. Kitzhaber]]''. He ordered that the state immediately issue licenses to same-sex couples.<ref>Jeff Mapes, [http://www.oregonlive.com/mapes/index.ssf/2014/05/judge_michael_mcshane_writes_u.html Judge Michael McShane writes unusually personal decision in Oregon gay marriage case], ''The Oregonian''/OregonLive.com (May 19, 2014).</ref>  The State of Oregon did not appeal ([[Oregon Attorney General]] [[Ellen Rosenblum]] declined to defend the state's ban on same-sex marriage); [[same-sex marriage in Oregon]] was legalized as a result.<ref>[http://www.oregonlive.com/mapes/index.ssf/2014/10/oregons_gay_marriage_ruling_fu.html Oregon's gay marriage ruling further insulated from reversal following Supreme Court action], ''The Oregonian''/OregonLive.com (October 6, 2014).</ref>
+==== Public defense crisis ====
+On August 15, 2023, McShane ordered the [[Washington County, Oregon|Washington County]] sheriff to release all defendants from jail if they had been held for 10 days without a lawyer.<ref>{{cite news |last1=Crombie |first1=Noelle |title=National ‘embarrassment’: Judge sets 10-day deadline to release people held in jail without lawyer |url=https://www.oregonlive.com/crime/2023/08/national-embarrassment-judge-sets-10-day-deadline-to-release-people-held-in-jail-without-lawyer.html |work=Oregonian |date=August 15, 2023}}</ref> This was amidst a long-standing crisis in the state's unique public defender system whereby the state and not the county paid for and contracted for public defense services via third party nonprofits creating a shortage of public defenders.{{cn|date=September 2023}}
 ==Personal==
@@ Line 86: / Line 95: @@
 * [[List of LGBT people from Portland, Oregon]]
 * [[List of LGBT jurists in the United States]]
+* [[List of Oregon judges]]
 ==References==
@@ Line 93: / Line 103: @@
 {{commonscatinline}}
 *{{FJC Bio|nid=1394211}}
-*{{Ballotpedia|Michael_McShane|Michael McShane}}
+*{{Ballotpedia|Michael_McShane}}
 {{s-start}}
@@ Line 99: / Line 109: @@
 {{s-bef|before=[[Michael Robert Hogan]]}}
 {{s-ttl|title={{nowrap|Judge of the [[United States District Court for the District of Oregon]]}}|years=2013–present}}
-{{s-inc}}
+{{s-inc|rows=2}}
+{{s-bef|before=[[Marco A. Hernandez]]}}
+{{s-ttl|title={{nowrap|Chief Judge of the [[United States District Court for the District of Oregon]]}}|years=2024–present}}
 {{s-end}}
@@ Line 107: / Line 119: @@
 {{DEFAULTSORT:McShane, Michael Jerome}}
+[[Category:1961 births]]
 [[Category:Living people]]
-[[Category:Gay men]]
+[[Category:21st-century American judges]]
+[[Category:American gay men]]
 [[Category:Gonzaga University alumni]]
 [[Category:Judges of the United States District Court for the District of Oregon]]
+[[Category:Lawyers from Pittsburgh]]
 [[Category:Lewis & Clark Law School alumni]]
 [[Category:LGBT judges]]
-[[Category:LGBT lawyers]]
+[[Category:American LGBT lawyers]]
+[[Category:LGBT people from Pennsylvania]]
 [[Category:LGBT people from Oregon]]
 [[Category:LGBT appointed officials in the United States]]
 [[Category:Oregon state court judges]]
 [[Category:People from Kennewick, Washington]]
+[[Category:Public defenders]]
 [[Category:United States district court judges appointed by Barack Obama]]
-[[Category:21st-century American judges]]
+[[Category:21st-century American LGBT people]]
-[[Category:Public defenders]]

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