Practices & Procedures
Appointed: September 22, 1978
Bachelor of Arts, University of Utah, 1949, magna cum laude. Phi Beta Kappa and Phi Kappa Phi.
Juris Doctor, University of Utah College of Law, 1952. Member, Board of Editors, Utah Law Review. Order of the Coif, 1975.
At age 25, became a member of the Utah State Bar and the Bar of the United States District Court, District of Utah. Thereafter, became a member of the Bar of the United States Court of Appeals, Tenth Circuit, and the Bar of the United States Supreme Court.
Served as a Research Clerk for a member of the Supreme Court, State of Utah; an Assistant State Attorney General; a Deputy Prosecutor for Salt Lake County. Engaged in private practice 1952-65.
At age 31, appointed a member of the Utah State Senate. Twice re-elected by wide margins. Minority Leader of the Utah State Senate, and at age 37 elected President of the Utah State Senate. Author and sponsor of legislation dealing with the management of public monies (resulting in millions of dollars to the state in non-tax revenue), securities regulation, civil rights, and public employee retirement. Sole author and sponsor of the bill which created the Commission on the organization of the Executive Branch of Government (Little Hoover Commission), an effort to modernize the executive branch of state government.
In 1965, appointed Bankruptcy Judge, United States District Court, District of Utah, and thereafter twice reappointed.
In 1978, nominated as United States District Judge by President Jimmy Carter and confirmed by the United States Senate. One of five persons recommended for the position by a Bi-Partisan state-wide Merit Selection Committee. Became Chief Judge, December 20, 1984. Stepped aside as Chief Judge on May 28, 1993. During tenure as Chief Judge, the Court twice compiled, revised and published local rules; automated and computerized the court's administrative, recordkeeping, and research functions; reorganized the clerk's office and probation department and began and completed a major remodeling of the Federal Courthouse in Salt Lake City.
Assumed status as United States Senior District Judge on September 30, 1994.
In 1985, named "Alumnus of the Year", by the University of Utah College of Law Alumni Association. In 1993, honored as Judge of the Year by the Utah State Bar Association. In December 1993, presented with Distinguished Judicial Service Award by the Federal Bar Association.
In June of 1995, honored by a Resolution of the Utah State Bar which extended its "deep admiration and appreciation . .. for his superior service to the bench, bar and public."
Awarded 1993 George Washington Honor Medal by the Freedoms Foundation at Valley Forge, Utah Chapter; among twelve recipients selected by a national jury recognizing "exceptional contributions that help shape our perceptions of a free, just, and compassionate society."
In December, 1994, honored by the Utah Bar Foundation "For Dedicated Service to the People of Utah and the Federal Judiciary."
Awarded 1997 Emeritus Merit of Honor Award by the University of Utah Alumni Association.
Author of more than 200 published opinions, as well as articles and commentaries on legal subjects cited by other courts, and in legal texts and Law Review articles.
Selected speeches and published articles include: "The First Thing We Do . . .," 6 UTAH BAR J. 31 (Oct. 1993); Causation And The Judicial Equation, 1 COURTS, HEALTH SCIENCE & THE LAW 320 (1991); 4 UTAH BAR J. 24 (Nov. 1991); "There Are Seeds In That Apple," Aldon J. Anderson American Inn of Court (Sept. 26, 1991); "The Essential Teacher," Educator's Hall of Fame Dinner, Davis County Schools (April 27, 1993); "One to Grow On, A Celebration of the Constitution," Annual Constitution Day Banquet, Utah Society of the Sons of the American Revolution (Sept. 12, 1992); The Integrity of Words, 1988 Utah L. Rev. 291; "The Role of the Court in Risk Assessment," in Dealing with Risk: The Courts, the Agencies and Congress, Fourteenth Annual Conference on the Environment, American Bar Association Standing Committee on Environmental Law (May 17-18, 1985), 16 ENV. L. RPTR. 10187 (July 1986); The Essential Quest [The United Nations], VITAL SPEECHES, vol. LVII, no. 4 (1991), 4 UTAH BAR J. 11 (Feb. 1991); "Managing the High Profile Case" (Taking the Constitution Seriously), 2 UTAH BAR J. 14 (Jan. 1989) ; "The Fact Behind the Word," Federal Bar Association, Utah Chapter Luncheon (Feb. 10, 1989); "During Good Behavior . . .," THE UTAH BAR JOURNAL, vol. 14 (1986); African Journey, RES GESTAE (Univ. of Utah College of Law) (Winter 1985); Commencement Address, University of Utah College of Law (May 19, 1979), THE UTAH BAR JOURNAL, vol. 7, nos. 4-9 (Summer-Fall 1979); The Lawyer as an Educator, THE UTAH BAR JOURNAL, vol. 2, no. 1 (Spring 1974); Communication in the Courtroom, 48 Am. Bankr. L.J. 377 (1974); Chapter 26, "Problems of Discretion and Responsibility: The Debate Over Tort Liability," HANDBOOK OF PUBLIC LAW AND PUBLIC ADMINISTRATION; "Is That a Fact?" (Evidence and the Trial Lawyer), THE UTAH BAR JOURNAL, vol. 12, no. 4 (April 1999); For Thinking Press 1, For Compassion Press 2, For Judgment Press 3, VITAL SPEECHES, vol. LXVIII, no. 7(2002).
In 1987, appointed by Chief Justice of the United States as a member of the Judicial Conference Committee on the Administration of the Bankruptcy System. Reappointed, 1989. Former member, Judicial Council, Tenth Circuit. Former Member, Council of Chief Judges, Tenth Circuit. Past President of Federal District Judges Association, Tenth Circuit. Member, Advisory Committee, Tenth Circuit. Member of Coordinating Council, Institute for Court Management on Civil Jurisdiction of Tribal and State Courts. Former secretary and member of Executive Committee, Federal Judges Association, a nationwide association of nearly 800 federal trial and appellate judges.
Fellow, American Bar Foundation.
Member, Advisory Council, Utah Technical College, 1967-1972. Member, Institutional Council, Utah State University, 1976-1977. Twice a Member of Board of Trustees, University of Utah College of Law Alumni Association. Member and former President, Salt Lake Committee on Foreign Relations. Member American Inn of Court #1 during year it was founded, and for six years thereafter (the Inns now number in excess of 260 nationwide chapters). Emeritus member American Inn of Court #1. Emeritus member American Inn of Court VII. Formerly Chairman of the Utah Council, American Inns of Court. Salt Lake Kiwanis (honorary). Federal Bar Association (honorary).
Adjunct Professor, University of Utah, 1987-88. Co-taught honors courses to undergraduates. Adjunct Professor, University of Utah, College of Law, 1995-99.
He is an interested photographer, a student of history and language, and a collector of books.