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William Orrick III

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William Orrick III
Orrick in robe
Senior Judge of the United States District Court for the Northern District of California
Incumbent
Assumed office
May 17, 2023
Judge of the United States District Court for the Northern District of California
In office
May 16, 2013 – May 17, 2023
Appointed byBarack Obama
Preceded byCharles Breyer
Succeeded byEumi K. Lee
Personal details
Born
William Horsley Orrick III

(1953-05-15) May 15, 1953 (age 71)
San Francisco, California, U.S.
Parent
RelativesHoward Christian Naffziger (grandfather)
Andrew Downey Orrick (uncle)
EducationYale University (BA)
Boston College (JD)

William Horsley Orrick III (born May 15, 1953) is an American lawyer who serves as a senior United States district judge of the United States District Court for the Northern District of California.[1] He had a long career as a lawyer in private practice in San Francisco, and served as a Deputy Assistant Attorney General in the Civil Division of the United States Department of Justice during the Obama administration.

Early life and education

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Orrick was born in San Francisco on May 15, 1953.[2][3] His father, William H. Orrick Jr. (1915–2003), was a United States District Judge for the Northern District of California and served as Assistant Attorney General for the Civil Division in the John F. Kennedy administration.[4][5] His mother, Marion Naffziger Orrick (d. 1995), was active in San Francisco civic life.[6] Orrick's uncle, Andrew Downey Orrick, was acting chairman of the U.S. Securities and Exchange Commission in San Francisco.[7]

Orrick received his Bachelor of Arts, cum laude, from Yale University in 1976. He received his Juris Doctor, cum laude, from Boston College Law School in 1979.[8]

Career

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From 1977 to 1979 he was a student attorney for the Boston College Legal Assistance Bureau.[2] After graduating, Orrick worked from 1979 to 1984 at the Georgia Legal Services Program in Savannah,[9] providing legal aid services to low-income Georgians.[4] Upon returning to San Francisco, he chose to join William Coblentz's Coblentz, Patch, Duffy & Bass LLP, rather than the law firm co-founded by his grandfather William Orrick Sr., Orrick, Herrington & Sutcliffe.[4] Orrick practiced at the Coblentz firm for about 25 years, from 1984 to 2009.[9][4][8] He joined as an associate in 1984 and was promoted to partner in 1988.[8] Orrick then served in the Civil Division of the U.S. Department of Justice, first as counselor (June 2009 – June 2010) and then as deputy assistant attorney general (June 2010 – 2013),[9][8] heading the Office of Immigration Litigation.[10] Orrick returned to Coblentz, Patch, Duffy & Bass for ten months while his nomination to the district court was pending in the Senate.[4]

Federal judicial service

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On June 11, 2012, President Barack Obama nominated Orrick to be a United States district judge of the United States District Court for the Northern District of California, to the seat vacated by Judge Charles Breyer, who assumed senior status on December 31, 2011.[8] The American Bar Association's Standing Committee on the Federal Judiciary, which rates the qualifications of federal judicial nominees, unanimously rated Orrick "well qualified" for the judgeship (the committee's highest rating).[11] The Senate Judiciary Committee held a hearing on Orrick's nomination on July 11, 2012.[12] His nomination was reported out of committee on August 2, 2012, by a 12–6 vote.[13] However, his nomination was blocked by Senate Republicans,[4] and on January 2, 2013, his nomination was returned to the President, due to the adjournment sine die of the Senate at the end of the 112th Congress.[14] The next day, January 3, 2013, he was renominated to the same office.[15] His nomination was reported by the Senate Judiciary Committee on February 28, 2013, by a 11–7 vote.[16] The U.S. Senate confirmed his nomination on May 15, 2013, by a 56–41 vote, with three senators not voting.[17] The confirmation vote was mostly on party lines, with all Democrats and three Republican Senators (Jeff Flake, Susan Collins, and Lisa Murkowski) voting to confirm Orrick and all other Republicans voting against confirmation.[18] He received his commission the following day. He assumed senior status on May 17, 2023.[9]

As a federal judge, Orrick established chambers in the Phillip Burton Federal Building in San Francisco.[4]

Notable cases

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In 2014, Orrick upheld California state legislation that banned the possession and sale of shark fin, a prohibition aimed at stopping the practice of shark finning.[19] Orrick rejected the claim of a group of San Francisco Bay Area Chinese American businesses and shark fin suppliers that the ban was unconstitutionally discriminatory. Orrick wrote that although "people of Chinese origin or culture undoubtedly overwhelmingly comprise the market for shark fin, ... a law is not unconstitutional simply because it has a racially disparate impact."[19][20] Orrick's dismissal of the case was affirmed on appeal.[21]

In 2015, Orrick denied a motion filed by Pacific Gas and Electric Co. (PG&E) to dismiss the case against it arising from pollution discharges into San Francisco Bay by PG&E's manufactured fuel gas (oil and coal) power plants decades earlier. Orrick held that PG&E's refusal to test for groundwater contamination at the former plants gave rise to a continuing "imminent and substantial endangerment" to the environment and human health, particularly in the Marina District and Fisherman's Wharf neighborhoods.[22][23] In 2018, Orrick approved a settlement of the case, in which PG&E agreed to monitor and potentially clean up pollution from its old sites and agreed to make payments to a conservation organization and habitat restoration efforts.[22]

Orrick is the judge assigned to oversee the reforms of the Oakland Police Department mandated by the department's 2003 settlement of Allen v. City of Oakland, a long-running case involving systemic police misconduct.[24] In hearings, Orrick has pushed the department to make more progress on reforms.[24] Robert Warshaw is the court-appointed monitor of the Oakland Police Department reforms.[25] In March 2019, Orrick appointed an attorney to serve as an independent investigator to probe the killing of a homeless man with mental health problems who was shot by Oakland police in 2018.[25] At an August 2019 court conference, Orrick criticized the city for not making sufficient progress in eliminating racial disparities in policing.[26]

In 2015, Orrick issued a temporary restraining order (TRO) blocking the Center for Medical Progress (CMP), an anti-abortion group, from releasing secretly recorded videos of the National Abortion Federation (NAF). CMP had earlier released heavily edited videos, which purported to show that Planned Parenthood had been inappropriately selling fetal tissue. In his decision granting a restraining order, Orrick wrote that a TRO was necessary to prevent irreparable harm to NAF "in the form of harassment, intimidation, violence, invasion of privacy, and injury to reputation, and the requested relief is in the public interest."[27] In subsequent proceedings, Orrick reviewed hundreds of hours of videos and found no evidence of wrongdoing on NAF's behalf, and concluded that the CMP, led by anti-abortion activist David Daleiden, had "misleadingly edited videos to make it appear as though abortion providers were breaking the law."[28] In 2016, Orrick subsequently issued a preliminary injunction against CMP blocking the release of their videos; after Daleiden violated the injunction, Orrick found Daleiden and his two attorneys in civil contempt and fined them $195,000.[28] The contempt finding was upheld on appeal.[28]

In April 2017, Orrick stayed the implementation of the Trump administration's Executive Order 13768 to withhold funding from sanctuary cities that limit cooperation with U.S. Immigration and Customs Enforcement authorities, saying Trump had no authority to attach new conditions to federal spending.[29][30] In November 2017, Orrick ruled in favor of the City and County of San Francisco and County of Santa Clara (who challenged the order), finding that Section 9(a) of the Executive Order was unconstitutional on its face as a violation of the separation of powers doctrine and the counties' Tenth and Fifth Amendment rights and issuing a nationwide permanent injunction against its implementation.[31][32] In 2018, Orrick's ruling was upheld on appeal, but the scope of the injunction was narrowed to San Francisco and Santa Clara.[33]

In February 2018, Orrick issued a preliminary injunction ordering the Trump administration to enforce limits on methane emissions from oil and gas wells on federal and tribal land. Orrick's order directed the U.S. Bureau of Land Management to halt the Trump administration's suspension of an Obama administration-era regulations that required fossil-fuel extractors on federal lands to take steps to reduce flaring and venting, and thus prevent methane leakage.[34][35]

In April 2022, Orrick cut the jury award for a former Black contractor in a racial discrimination lawsuit against Tesla from $137 million to $15 million. Diaz' lawyer told NPR that "it wasn't because [Orrick] found anything wrong with what Mr. Diaz said or that Mr. Diaz wasn't injured", suggesting that the decision was "just based on a comparison."[36]

In July 2023, he denied Sarah Andersen, Kelly McKernan, and Karla Ortiz's copyright infringement lawsuit against Stability AI, Midjourney, and DeviantArt. Orrick stated would dismiss most of the case, requesting they elaborate on issues and "provide more facts".[37]

San Francisco Public Works corruption scandal

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Since 2020, Orrick has been involved in the plea deals, trials and sentencing of people guilty of fraud and bribery in the ongoing San Francisco Department of Public Works corruption scandal. The sentences that Orrick has handed down include:

  • Restaurateur Nick Bovis was sentenced to nine months in prison after Bovis pleaded guilty to honest services wire fraud.[40][41]
  • Sandra Zuniga, head of San Francisco's "Fix-It Team" and of the Mayor’s Office of Neighborhood Service and Nuru's one-time girlfriend was sentenced to three years probation for money laundering.[42]
  • Former Recology executive Paul Giusti was sentenced to three years probation for bribing Nuru.[42]
  • John Porter, another former Recology executive was sentenced to 6 months house arrest and three years probation for bribing Nuru[43]
  • Ken Hong Wong, a former California parole officer, was sentenced to six months in prison for bribing Nuru.[44]
  • A Chinese billionaire, Zhang Li was sentenced to a $50,000 fine and three years probation for bribing Nuru. One of Zhang's companies, Z&L properties, pleaded guilty to federal fraud and conspiracy charges and was fined $1 million.[45]
  • Balmore Hernandez, the former CEO of a San Francisco Bay Area based construction firm, Azul Works Inc., admitted to conspiracy to commit honest services wire fraud and was sentenced to six months in prison.[46]

References

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  1. ^ "District Judge William H. Orrick", U.S. District Court for the Northern District of California website, archived from the original on February 20, 2023, retrieved March 8, 2023, Nominated by Barack Obama on June 11, 2012 and renominated on January 3, 2013, to a seat vacated by Charles Breyer. Confirmed by the Senate on May 15, 2013, and received commission on May 16, 2013.
  2. ^ a b "Questionnaire for Judicial Nominees: William Horsley Orrick, III" (PDF). United States Senate Committee on the Judiciary.
  3. ^ Julia Cheever, "SF Lawyer Follows Father's Footsteps in Federal Judgeship, Bay City News (May 15, 2013).
  4. ^ a b c d e f g Gavin Broady. "The Scion of San Francisco: Judge William H. Orrick III". Law360.
  5. ^ Reynolds Holding, William Orrick – U.S. district judge, San Francisco Chronicle (August 16, 2003).
  6. ^ Marion Naffziger Orrick, San Francisco Chronicle (February 25, 1995).
  7. ^ Bob Egelko, S.F. lawyer Andrew Downey Orrick dies, San Francisco Chronicle (February 2, 2008).
  8. ^ a b c d e "President Obama Nominates Two to Serve on the US District Court" (Press release). White House Press Office. June 11, 2012.
  9. ^ a b c d William Orrick III at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.
  10. ^ Ryan J. Reilly, New Office of Immigration Litigation Chief Named, Main Justice (June 9, 2010).
  11. ^ Ratings of Article III Judicial Nominees, 112th Congress, American Bar Association Standing Committee on the Federal Judiciary.
  12. ^ Nominations: Full Committee (July 11, 2012), United States Senate Committee on the Judiciary.
  13. ^ "Results of Executive Business Meeting – August 2, 2012" (PDF). United States Senate Committee on the Judiciary.
  14. ^ PN1729 — William H. Orrick III — The Judiciary, 112th Congress (2011–2012), Congress.gov.
  15. ^ "President Obama Re-nominates Thirty-Three to Federal Judgeships" (Press release). White House Press Office. January 3, 2013.
  16. ^ Results of Executive Business Meeting – February 28, 2013, United States Senate Committee on the Judiciary.
  17. ^ "On the Nomination (Confirmation William H. Orrick, III, of the District of Columbia, to be U.S. District Judge for the Northern District of California)". United States Senate.
  18. ^ Bob Egelko (May 15, 2013). "Senate confirms Orrick as federal judge".
  19. ^ a b Bob Egelko, California shark fin ban upheld by federal judge, San Francisco Chronicle (March 26, 2014).
  20. ^ Chinatown Neighborhood Ass'n v. Harris, 33 F. Supp. 3d 1085 (N.D. Cal. 2014).
  21. ^ Chinatown Neighborhood Ass'n v. Harris, 794 F.3d 1136 (9th Cir. 2015).
  22. ^ a b Bob Egelko, PG&E settles lawsuit over pollution from old power plants in San Francisco, San Francisco Chronicle (September 28, 2018).
  23. ^ San Francisco Herring Ass'n v. Pacific Gas & Electric Co., 81 F. Supp. 3d 847 (N.D. Cal. 2015).
  24. ^ a b Mayor Says She Shares Judge's Concerns About Police Department, Bay City News Service (August 22, 2019).
  25. ^ a b Judge Appoints Attorney To Investigate Fatal Shooting By Officers, Bay City News Service (March 5, 2019).
  26. ^ Bob Egelko & Megan Cassidy, Federal judge criticizes Oakland for losing ground in court-ordered policing reforms, San Francisco Chronicle (August 22, 2019).
  27. ^ Scott, Eugene (August 15, 2015). "Judge issues restraining order against anti-abortion group". CNN.
  28. ^ a b c Nicholas Iovino (June 5, 2019). "Ninth Circuit Lets Contempt Sanctions of Abortion Foe Stand". Courthouse News Service.
  29. ^ Kopan, Tal (April 25, 2017). "Judge blocks part of Trump's sanctuary cities executive order". CNN. Retrieved April 25, 2017.
  30. ^ Yee, Vivian (April 25, 2017). "Judge Blocks Trump Effort to Withhold Money From Sanctuary Cities". The New York Times. ISSN 0362-4331. Retrieved April 25, 2017.
  31. ^ Visser, Nick (November 21, 2017). "Judge Permanently Blocks Trump's Executive Order On Sanctuary Cities". Huffington Post. Archived from the original on November 24, 2017. Retrieved November 24, 2017.
  32. ^ County of Santa Clara v. Trump, F. Supp. 3d 1196 (N.D. Cal. 2017).
  33. ^ City and County of San Francisco v. Trump, F.3d 1225 (9th Cir. 2018).
  34. ^ Bob Egelko, Trump administration ordered to enforce limits on methane gas emissions, San Francisco Chronicle (February 23, 2018).
  35. ^ State of California v. Bureau of Land Management, 286 F. Supp. 3d 1054 (N.D. 2018).
  36. ^ Torchinsky, Rina (April 14, 2022). "Judge cuts the payout in a Black former Tesla contractor's racial discrimination suit". NPR.
  37. ^ Brittain, Blake (July 19, 2023). "US judge finds flaws in artists' lawsuit against AI companies". Reuters.
  38. ^ Swan, Rachel (August 26, 2022). "Judge likens Mohammed Nuru to a gang murderer and drug dealer in handing down 7-year sentence for corruption". San Francisco Chronicle. Retrieved March 20, 2024.
  39. ^ Eskenazi, Joe; Stein, Carolyn (August 25, 2022). "The strange and terrible saga of Mohammed Nuru turns the page: Judge hands down 7-year sentence". Mission Local. Retrieved March 20, 2024.
  40. ^ Barba, Michael (March 7, 2024). "Restaurateur Nick Bovis gets prison over City Hall corruption scandal". The San Francisco Standard. Retrieved March 20, 2024.
  41. ^ Barned-Smith, St. John (March 8, 2024). "S.F. corruption scandal: Mohammed Nuru's partner in bribery scheme sentenced to prison". San Francisco Chronicle. Retrieved March 20, 2024.
  42. ^ a b Barned-Smith, St. John (December 14, 2023). "S.F. corruption scandal: Mohammed Nuru's ex-girlfriend, former Recology exec both get probation". San Francisco Chronicle. Retrieved March 20, 2024.
  43. ^ Baustin, Noah; Barba, Michael (September 21, 2023). "SF Corruption: Ex-Waste Hauler Executive Avoids Prison Time". The San Francisco Standard. Retrieved March 20, 2024.
  44. ^ Barned-Smith, St. John (November 30, 2023). "S.F. corruption scandal: Ex-parole officer going to prison for bribes to Mohammed Nuru". San Francisco Chronicle. Retrieved March 20, 2024.
  45. ^ Baustin, Noah (October 5, 2023). "Billionaire's San Francisco Company Gets $1M Fine for Bribery". The San Francisco Standard. Retrieved March 20, 2024.
  46. ^ Baustin, Noah (November 9, 2023). "San Francisco Corruption: Bribing Businessman Prison-Bound". The San Francisco Standard. Retrieved March 20, 2024.
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Legal offices
Preceded by Judge of the United States District Court for the Northern District of California
2013–2023 		Succeeded by
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