D. Brock Hornby

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D. Brock Hornby
Image of D. Brock Hornby

Nonpartisan

United States District Court for the District of Maine (senior status)
Tenure

2010 - Present

Years in position

14

Prior offices
United States District Court for the District of Maine

Education

Bachelor's

University of Western Ontario, 1965

Law

Harvard Law, 1969 

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David Brock Hornby (b. 1944), is a federal judge in the United States District Court for the District of Maine. He joined the court in 1990 after being nominated by President George H.W. Bush. At the time of appointment, Hornby served as an associate justice for the Maine Supreme Judicial Court. From 1996 to 2003, he was the court's chief judge. Hornby assumed senior status on May 1, 2010.[1][2]

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).[2][3]

Professional career

Judicial career

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.[4] 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.[2]

District of Maine, Magistrate

Hornby served as a federal magistrate judge for the District of Maine from 1982-1988.[2]

Awards and associations

  • 2008: Edward J. Devitt Distinguished Service to Justice Award, American Judicature Society[5]

Noteworthy cases

Maine’s campaign contribution limits found unconstitutional (2014)
See also: 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.[6]

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.[6]

GMAC Mortgage Co. case (2011)
See also: 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.[7] The "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.[7]

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.[7]

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.[8][9]

See also

External links

Footnotes

  1. ↑ Bangor Daily News, "Delegates nominate judge for US court," April 13, 2010
  2. ↑ 2.0 2.1 2.2 2.3 2.4 Federal Judicial Center, "Biography of David Brock Hornby," accessed October 4, 2014
  3. ↑ Cleaves Law Library, "Biography of D. Brock Hornby," accessed October 4, 2014
  4. ↑ THOMAS", "Presidential Nominations 101st Congress: D. Brock Hornby (USDC, ME)," accessed October 4, 2014
  5. ↑ Reuters, "Judge D. Brock Hornby of U.S. District Court in Maine to receive Devitt Award," May 12, 2009 (dead link)
  6. ↑ 6.0 6.1 Portland Press Herald, "Judge rules in Cutler’s favor on campaign contributions," August 22, 2014
  7. ↑ 7.0 7.1 7.2 Portland Press Herald, "In foreclosure suit, two counts against GMAC thrown out," February 18, 2011
  8. ↑ Maine Morning Sentinel, "GMAC appeal coming to Supreme Court," June 29, 2011
  9. ↑ Kennebec Journal, "Court upholds ruling in robo-signing foreclosure," December 6, 2011
Political offices
Preceded by:
Conrad Cyr 		District of Maine
1990–present
Seat #2 		Succeeded by:
Nancy Torresen



Maine courts

Federal courts:

First Circuit Court of Appeals • U.S. District Court: District of Maine • U.S. Bankruptcy Court: District of Maine

State courts:

Maine Supreme Judicial Court • Maine Superior Court • Maine Business and Consumer Court • Maine District Courts • Maine Family Division • Maine Juvenile Court • Maine Probate Courts • Maine Small Claims Court • Maine Treatment Court

State resources:

Courts in Maine • Maine judicial elections • Judicial selection in Maine

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