D. Brock Hornby, judge of the U.S. District Court for the District of Maine, recently won the Edward J. Devitt Distinguished Service to Justice Award. Hornby, who lives in Cape Elizabeth, is the 27th judge to earn the honor.
Hornby, 65, has practiced law in Maine and was a professor of the University of Virginia School of Law.
President George H.W. Bush appointed Hornby to U.S. District Court in 1990. From 1996 to 2003, he served as chief judge of the district. Before his federal court appointment, Hornby served two years on the Maine Supreme Judicial Court and six years as the first full-time U.S. magistrate judge in Maine.
The Devitt award is named for the late Edward J. Devitt, longtime chief judge of the U.S. District Court for the District of Minnesota. The award, made annually, honors federal judges whose careers have been exemplary, measured by their significant contributions to the administration of justice, the advancement of the rule of law and the improvement of society as a whole.
Hornby recently sat down with the Current to discuss his career path, some of his most difficult cases and his experiences on the bench.
Q: How long have you lived in Cape Elizabeth?
A: Since 1974.
Q: How long did you practice law as an attorney?
A: I practiced law with a law firm from 1974 until 1982. Before that I graduated from Harvard Law School in 1969, and I then clerked for a very famous judge whose name was John Minor Wisdom, great name for a judge (laughs). He was one of the famous desegregation judges in the South who was willing to enforce Brown vs. The Board of Education. I then was a law professor at the University of Virginia from 1970 to 1974.
Q: What compelled you to leave the world of academia?
A: A lot of reasons. When I graduated from law school, I was Canadian, not American, and in those days you couldn’t be admitted to the bar of any state if you weren’t a citizen. I had to wait the required number of years to become a citizen. The Supreme Court later decided that was unconstitutional, but that’s the way it was then. I had offers to work at law firms, but I knew I would have to carry other people’s bags until I was admitted to the bar myself. I decided it would be a good time to teach. University of Virginia was one of the top 10 law schools in the country, and I was offered a position there. So I taught, and in those days many of the students were coming back from Vietnam, so they were about the same age that I was. As I got older, they got younger. They were no longer coming straight from Vietnam and I wasn’t quite ready to be called “mister” yet.
Q: Where did you grow up?
A: I grew up in Canada, a city called Manitoba, about 140 miles west of Winnipeg. Later in life my dad was a preacher and we moved to Ontario. I came to the States in 1965 on a fellowship to go to Harvard. I was going to be an archaeologist. I had to read the Code of Hammurabi in the original cuneiform, and I decided that was not the career for me.
Q: How did you become a judge?
A: There’s an old graffiti that lawyers are fond of that says “a judge is a lawyer who knew a governor.” (Laughs.) I actually first became a judge when Judge Edward Gignoux appointed me the first full-time magistrate in Maine. In 1982 I worked here in Portland primarily, but I would also travel to Bangor. Then-Gov. John McKernan made me a judge to the Maine Supreme Court.
Q: In the first case over which you presided, what was going through your mind?
A: Scary. I was very fearful that I would make some obvious blunder that the Court of Appeals would then publicly tell me how ridiculous my decision had been and I would be reversed. Luckily, it didn’t, and everything was OK.
Q: What’s been one of the most interesting court cases you’ve had to decide?
A: (Long pause.) There are a lot of cases that come to mind, but probably what most people would find interesting is I dealt with the prosecution of an individual who was accused of selling Ted Williams’ championship rings and memorabilia to satisfy gambling debts. In the course of the trial, I had Ted Williams’ son here testifying. When time came to sentence, I had a personal letter from Ted Williams, and during the proceedings, when things were introduced into evidence, I had the pleasure of looking at the championship rings and some of the photographs and so on that had come from Ted Williams’ life.
Q; What is one of the most difficult aspects of being a judge?
A: The most difficult category of things that I do as a judge is sentencing because I am dealing with people’s lives, and there are people who are either victims or direct victims of the crime. The human issues are always profound in terms of impact.
Q: When you look at some of the evidence in some of the cases that come through your court, has there ever been a time where it was difficult to maybe look at a photo or hear the facts?
A: Yes. Unfortunately, in federal courts we get a fair quantity of child pornography cases. I’m obliged to make sure if someone is pleading guilty that there’s a factual basis for the guilty plea. That’s one of my responsibilities as a judge, and I have to review the visual samples. That’s the worst part of what you’re asking about.
Q: How are you able to do that?
A: It’s extraordinarily difficult.
Q: This award is obviously something you were nominated for by your peers. What does that mean to you?
A: Number one, I was totally surprised. Number two, I was thrilled for a variety of reasons. I learned afterwards that the nomination came from my colleagues. They put together the proposal and so their generosity in doing so was meaningful to me. It also has great symbolism for me because Judge Wisdom was one of the recipients. Judge Edward Gignoux, after whom this courtroom is named, was the fifth recipient of the award.
Q; Have you ever considered running for public office?
A: I thought about it and very quickly put it out of my mind.
Q: Set the record straight. How close to reality do the courtroom dramas come?
A: I usually speak with the jury after the case to get their criticism and their thoughts about the legal procedure, and very often they say it was not at all what they thought it would be and nothing like television. A lot of written responses that I get (indicate that their) faith in the judicial system has been restored. It’s a good system. They had this different perception. Sometimes in television they’ll bring in one lawyer to berate him or her, but it just doesn’t happen that way. It’s good drama, but it doesn’t happen that way.
Q: What does the future hold for you?
A: I have the great advantage in my job that it is a lifetime appointment under the Constitution. I can do what’s called “take senior status” but continue to work at the pace that I’m willing to do … I love what I do. I find it professionally rewarding. My hope and my goal is that I continue doing what I’m doing as long as I’m able.
Q: What do you do for fun?
A: I love to garden, I love to read and I love to be with my family. Unfortunately, my two kids, who grew up in Cape Elizabeth, found their professional opportunities on the West Coast. We get together regularly, so those are my favorite activities.
Q: Finally, what does the “D” stand for?
A: David.
D. Brock Hornby, Judge of the U.S. District Court for the District of Maine, recently won the 27th Annual J. Devitt Distinguished Service to Justice Award. Hornby was chosen by a three-member panel chaired by Associate Justice Anthony M. Kennedy of the U.S. Supreme Court.
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