Marsha Pechman

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Marsha Pechman

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

2016 - Present

Years in position

8

Prior offices
United States District Court for the Western District of Washington

Education

Bachelor's

Cornell University, 1973

Law

Boston University School of Law, 1976

Personal
Birthplace
Salem, Ore.


Marsha J. Pechman is a federal judge on senior status with the United States District Court for the Western District of Washington. She joined the court in 1999 after being nominated by President Bill Clinton. She served as chief judge of the court in from 2011 to 2016.

Early life and education

A native of Salem, Oregon, Pechman graduated from Cornell University with her bachelor's degree in 1973 and from Boston University School of Law with her J.D. in 1976.[1]

Professional career

  • 2016 - Present: Senior judge
  • 2011-2016: Chief judge
  • 1999-2016: Judge
  • 1988-1999: Judge, King County Superior Court
  • 1983-1987: Adjunct professor, University of Puget Sound
  • 1981-1988: Private practice, Seattle, Wa.
  • 1979-1981: Staff attorney and instructor, University of Washington School of Law
  • 1976-1979: Intern, King County Prosecutor's Office[2]

Judicial career

Western District of Washington

Nomination Tracker
Fedbadgesmall.png
Nominee Information
Name: Marsha J. Pechman
Court: United States District Court for the Western District of Washington
Progress
Confirmed 168 days after nomination.
ApprovedANominated: March 24, 1999
ApprovedAABA Rating: Unanimously Qualified
Questionnaire:
ApprovedAHearing: July 13, 1999
QFRs: (Hover over QFRs to read more)
ApprovedAReported: July 22, 1999 
ApprovedAConfirmed: September 8, 1999
ApprovedAVote: 93-1

Pechman was nominated to the United States District Court for the Western District of Washington by Bill Clinton on March 24, 1999, to a seat vacated by William Dwyer. The American Bar Association rated Pechman Unanimously Qualified for the nomination. Hearings on Pechman's nomination were held before the Senate Judiciary Committee on July 13, 1999, and her nomination was reported by U.S. Sen. Orrin Hatch (R-Utah) on July 22, 1999. Pechman was confirmed on a recorded 93-1 vote of the U.S. Senate on September 8, 1999, and she received her commission the next day. From 2011 to 2016, she served as chief judge of the district court. Pechman elected to take senior status beginning on February 6, 2016.[1][3][4]

Noteworthy cases

Pechman maintains injunction against Trump administration memorandum policy preventing most transgender individuals from serving in the military (2018)

On March 23, 2018, President Donald Trump issued a memorandum preventing most transgender individuals from serving in the military. The memorandum stated that "transgender persons with a history or diagnosis of gender dysphoria -- individuals who the policies state may require substantial medical treatment, including medications and surgery -- are disqualified from military service except under certain limited circumstances."[5][6][7]

The memorandum did not change existing policy at the time that required the U.S. Department of Defense to continue accepting transgender recruits and those serving to continue serving. The Trump administration's policy was challenged by multiple groups who said banning transgender individuals from the military on the basis of their gender identity is unconstitutional.

On December 11, 2017, Judge Colleen Kollar-Kotelly denied the Trump administration’s request to delay her earlier injunction against denying admission to transgender individuals into the military. She ordered that transgender recruits be allowed to join the military beginning January 1, 2018. Maj. Dave Eastborn, a Pentagon spokesman, said, “The Department of Defense will continue to comply with the federal court ruling and continue to assess and retain transgender service members."[8][9]

On April 16, 2018, Judge Marsha Pechman, of the United States District Court for the Western District of Washington, ordered that an injunction she ordered against the August 25, 2017, policy be maintained, finding that the March 23, 2018, memorandum did not differ substantially from the August 25, 2017, memorandum.

The Trump administration appealed to the United States Court of Appeals for the 9th Circuit, which, on July 18, 2018, rejected a request by the Trump administration to remove Pechman's injunction against implementation of the March 23, 2018, memorandum. In its ruling, the court wrote, "Appellants ask this court to stay the preliminary injunction, pending the outcome of the appeal, in order to implement a new policy. Accordingly, a stay of the preliminary injunction would upend, rather than preserve, the status quo. Therefore, we deny the motion for a stay[.]"[10][11]

Articles:

Lawsuit over Seattle officers’ ability to use force dismissed (2014)

U.S. District Court Judge Marsha Pechman ruled on October 20, 2014, that a lawsuit filed by Seattle Police Department officers was without merit. The 120 officers brought suit complaining that policies instituted by the department restricting the use of force against suspects hindered their ability to protect themselves. They based their argument on the Second Amendment of the U.S. Constitution. In dismissing the suit, however, Judge Pechman found that there was no constitutional basis for the officers’ argument.

The challenged policies were implemented after a United States Department of Justice investigation found that Seattle officers engaged in a pattern of excessive force.[12] That inquiry began in 2012, but the new policies were not instituted until early 2014. The officers sued because they felt that their lives were in danger by the new policies; they also claimed that suspects used significantly greater force against them and the restrictions would cause the officers to use deadly force more frequently.[12]

In response to the dismissal of the suit, Seattle Chief of Police Kathleen O’Toole said that her administration was committed to legal police techniques, and that she will ensure officers receive the proper training.

Articles:

WaMu 401(k) case (2009)

See also: United States District Court for the Western District of Washington (IN RE WASHINGTON MUTUAL, INC. SECURITIES, DERIVATIVE AND ERISA LITIGATION, Nos. 2:08-md-01919-MJP, C07-1874 MJP)

In 2009, Judge Pechman presided over a case in which employees of Washington Mutual sued to recover lost funds from their 401(k) retirement accounts after JP Morgan Chase acquired the assets of Washington Mutual in 2008.[13] In October 2009, Judge Pechman ruled that JP Morgan Chase was not liable for the 401(k) accounts of Washington Mutual employees.[14]

A detailed description of the history of the case, as well as copies of all official court documents, can be found here.

See also

External links

Footnotes

  1. 1.0 1.1 Federal Judicial Center, "Biography of Judge Marsha J. Pechman," accessed February 8, 2016
  2. Cite error: Invalid <ref> tag; no text was provided for refs named FJC Bio
  3. United States Congress, "PN 175 — Marsha J. Pechman — The Judiciary," accessed May 19, 2017
  4. American Bar Association, "Ratings of Article III judicial nominees, 106th Congress," accessed May 19, 2017
  5. The Hill, "Trump moves to ban most transgender people from serving in military," March 23, 2018
  6. The Washington Post, "Trump issues order supporting ban on many transgender troops, defers to Pentagon on new restrictions," March 23, 2018
  7. WhiteHouse.gov, "Presidential Memorandum for the Secretary of Defense and the Secretary of Homeland Security Regarding Military Service by Transgender Individuals," March 23, 2018
  8. The Wall Street Journal, Transgender Recruits Can Enlist in Military, Judge Says, December 11, 2017
  9. Politico, "Trump moves to ban most transgender troops," March 23, 2018
  10. The Hill, "Court rules against Trump administration on transgender military ban," July 18, 2018
  11. Metro Weekly, "Judge rules to keep injunction blocking Trump's transgender ban in place," April 16, 2018
  12. 12.0 12.1 Q13Fox, “Federal judge throws out Seattle cops’ use-of-force lawsuit,” October 20, 2014
  13. Augusta Chronicle, "Judge in Seattle hears arguments over WaMu 401(k)s," August 9, 2009
  14. The Wall Street Job Report, "JP Morgan Chase cleared in 401(k) suit filed by Washington Mutual workers," October 8, 2009
Political offices
Preceded by:
William Dwyer
Western District of Washington
1999–2016
Seat #1
Succeeded by:
Tana Lin