Carolyn B. McHugh
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Carolyn Baldwin McHugh | |
---|---|
Judge of the United States Court of Appeals for the Tenth Circuit | |
Assumed office March 14, 2014 | |
Appointed by | Barack Obama |
Preceded by | Michael R. Murphy |
Personal details | |
Born | Abington Township, Pennsylvania | July 12, 1957
Education | University of Utah (BA, JD) |
Carolyn Baldwin McHugh (born July 12, 1957) is an American lawyer and judge who serves as a
Early life and education
McHugh was born in 1957, in Abington Township, Montgomery County, Pennsylvania while her parents were visiting her paternal grandparents.[2] The family, which grew to include eight children, was living in Baltimore, Maryland at the time.
Shortly after McHugh's birth, her father was transferred to
In 1975, McHugh graduated from Judge Memorial Catholic High School in Salt Lake City, where she participated in sports, student government, drill team, yearbook, and other activities. McHugh was selected as the Judge Memorial Sterling Scholar of English and Literature.[citation needed]
McHugh continued her education at the
Legal career
McHugh served as a
Judicial career
State judicial service
In August 2005, McHugh was appointed to the Court of Appeals by
Federal judicial service
On May 16, 2013, President Barack Obama nominated McHugh to be a United States Circuit Judge of the United States Court of Appeals for the Tenth Circuit to the seat vacated by Judge Michael R. Murphy, who assumed senior status on December 31, 2012.[1] Her nomination was approved unanimously by the Senate Judiciary Committee on January 16, 2014. On March 6, 2014, senator Harry Reid filed for cloture on her nomination. On March 10, 2014, the Senate invoked cloture on her nomination by a 62–34 vote.[5] On March 12, 2014, McHugh was confirmed by a 98–0 vote.[6] She received her commission on March 14, 2014.[7]
Select cases
McHugh wrote for the state court in each of the following decisions.
Birch v. Fire Insurance Exchange, 2005 UT App 395, 122 P.3d 696.
Fordham v. Oldroyd, 2006 UT App 50, 131 P.3d 280, affirmed, 2007 UT 74, 171 P.3d 411. State highway patrol trooper, Richard Fordham, brought an action against Ryan Oldroyd, a motorist whose negligence caused a traffic accident to which Fordham responded in an official capacity. While Trooper Fordham was retrieving flares from the trunk of his patrol car to mark the Oldroyd accident, an approaching driver lost control of her car and struck Fordham, inflicting substantial injuries. Trooper Fordham sued Oldroyd for the injuries he incurred when struck by the third party's vehicle, claiming that Oldroyd's negligence caused Fordham to be at the scene of the accident when the other vehicle lost control. The District Court granted summary judgment in favor of Oldroyd, and Fordham appealed. The Court of Appeals noted that this case presented Utah's first opportunity to consider whether the professional-rescuer doctrine operates to bar a police officer's claim against the party whose negligence caused the officer to be present at the scene, but where a third party actually inflicts the officer's injuries. Under the doctrine, a professional rescuer, such as a police officer, cannot recover for injuries sustained when responding to an emergency from the person who negligently created the circumstances creating the emergency. After considering the rationale for and against the doctrine, the Utah Court of Appeals concluded that it should be adopted in Utah. The court cautioned, however, that the doctrine is narrow, barring suit only for the negligence that creates the need for the professional rescuer's presence in the first instance, and not for any negligence resulting in injuries thereafter.
Forsberg v. Bovis Lend Lease, Inc., 2008 UT App 146, 184 P. 3d 610, cert. denied, 199 P.3d 367. After an electrical subcontractor on a hospital construction project filed for bankruptcy, the trustees of certain employment benefit funds (the Funds) sued the general contractor, its surety, and the owner for unpaid fringe benefit contributions to the Funds and to foreclose on its mechanics’ lien. The District Court granted the defendant’s motion for summary judgment, concluding that the Funds did not have standing, that fringe benefits were not recoverable either under the mechanics’ lien statute or the private payment bond statute and that ERISA preempted claims under either statute. The Funds appealed. Each issue raised on appeal was an issue of first impression in Utah. With respect to standing, the Utah Court of Appeals concluded that the Funds were within the zone of interest contemplated by the Utah Legislature because they were entitled to enforce the rights of the employees. Next, the Court of Appeals held that ERISA did not preempt Utah's mechanics’ lien and private bond statutes. Finally, the appellate court determined that the fringe benefits were part of the value of labor or services provided on the project and, therefore, could be recovered under the statutes. Consequently, the Court of Appeals reversed the decision of the District Court.
State v. Marks, 2011 UT App 262, 262 P.3d 13. Billy J. Marks was convicted of one count of sodomy on a child in connection with his conduct with his mentally challenged grandson and appealed his conviction. Marks argued that the trial court violated his Sixth Amendment right to confrontation by excluding evidence of 1) his grandson's possession of pornography, and 2) his grandson's simulation of sexual intercourse with his younger sister. According to Marks, the evidence was relevant to the grandson's sexual knowledge and his ability to fabricate the allegations. Marks also claimed the evidence was insufficient to support the verdict because the grandson's testimony was inherently inconsistent. The Utah Court of Appeals recognized the tension between rule 412 of the Utah Rules of Evidence, Utah's rape shield law, which bars evidence of the alleged victim's other sexual behavior, and the confrontation clause of the United States Constitution, that protects the accused's right to present a complete defense. The Court of Appeals concluded that a complete defense in a criminal case, includes the right to conduct reasonable cross-examination that is not limited arbitrarily or disproportionately to the purpose of any evidentiary rule limiting such cross-examination. Considering the purposes of rule 412 and the facts and circumstances at issue, the Court of Appeals concluded that excluding the evidence was not arbitrary or disproportionate to the purposes of Utah's rape shield rule. The Court of Appeals also held that the victim's testimony was not so inconsistent as to be inherently improbable. Thus, the court affirmed Mark's conviction.
Professional and community service
- 1996 – Chairperson of the Utah State Bar Distinguished Committee
- 1997 – University of Utah College of Law Young Alumna of the Year
- 2001 – Christine M. Durham Utah Woman Lawyer of the Year
- 2009 – Dorothy Merrill Brothers Award for the Advancement of Women in the Legal Profession
McHugh is a past president of Women Lawyers in Utah, past co-chair of the American Bar Association Conference of Environmental Law, and past chair of the Needs of Children Committee of the Utah State Bar. She has served as a master of the bench in the American Inns of Court program and has completed training as a Fellow of the Advanced Science & Technology Adjudication Resource Center.
McHugh has been active in local charities, including, Catholic Community Services, the Office of the Guardian Ad Litem, Utah Children, Big Brothers Big Sisters, and The Legal Aid Society.[4]
References
- ^ a b "Utah Local News – Salt Lake City News – The Salt Lake Tribune".
- ^ "Senate Judiciary Committee Nomination Questionnaire" (PDF). Archived from the original (PDF) on 2016-03-03. Retrieved 2013-05-29.
- ^ [1], Order of the Coif Official Website.
- ^ a b "Archived copy" (PDF). Archived from the original (PDF) on 2011-11-10. Retrieved 2011-10-18.
{{cite web}}
: CS1 maint: archived copy as title (link), Carolyn Baldwin McHugh Biography PDF. - ^ "On the Cloture Motion (Motion to Invoke Cloture on the Nomination of Carolyn B. McHugh, of Utah, to be U.S. Circuit Judge)". United States Senate. Retrieved 11 March 2014.
- ^ "On the Nomination (Confirmation Carolyn B. McHugh, of Utah, to be U.S. Circuit Judge for the Tenth Circuit)".
- ^ "McHugh, Carolyn Baldwin – Federal Judicial Center". www.fjc.gov.
- ^ Birch v. Fire Insurance Exchange. FindLaw. Retrieved November 10, 2011.
External links
- Carolyn B. McHugh at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.
- Carolyn McHugh at Ballotpedia