Carolyn McHugh
2014 - Present
10
Carolyn Baldwin McHugh is a federal judge on the United States Court of Appeals for the 10th Circuit. Prior to joining the 10th Circuit, she was a judge on the Utah Court of Appeals. She was appointed to the Utah Court of Appeals by Governor Jon Huntsman (R) in August of 2005.[1] McHugh became presiding judge of the Utah Court of Appeals on January 1, 2012, and served in the position until December 31, 2013.[2]
Early life and education
A native of Salt Lake City, Utah, McHugh earned her B.A. from the University of Utah, graduating magna cum laude in 1978 and her J.D. from the University of Utah College of Law in 1982. She graduated from law school as Order of the Coif and she served on the editorial board of the Utah Law Review.[1]
Professional career
- 2005-2014: Utah Court of Appeals
- 2012-2014: Presiding judge
- 2010-2011: Associate presiding judge
- 2005-2009: Judge
- 1991-1992, 2011: Adjunct professor, S.J. Quinney College of Law at the University of Utah
- 1986: Adjunct professor, College of Social and Behavioral Science
- 1983-2005: Parr Brown Gee & Loveless
- 1987-2005: Shareholder
- 1983-1986: Associate
- 1982-1983: Law clerk, Hon. Bruce Jenkins, United States District Court for the District of Utah[1][3][4]
Judicial career
10th Circuit Court of Appeals
 |
| Nominee Information |
| Name: Carolyn McHugh |
| Court: United States Court of Appeals for the 10th Circuit |
| Progress |
| Confirmed 300 days after nomination. |
 Nominated: May 16, 2013
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| ABA Rating: Unanimously Well Qualified
|
| Questionnaire: Questionnaire |
| Hearing: September 25, 2013
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| QFRs: (Hover over QFRs to read more) |
| Reported: January 16, 2014
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| Confirmed: March 12, 2014
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| Vote: 98-0
|
On May 16, 2013, President Barack Obama nominated Carolyn B. McHugh to the United States Court of Appeals for the 10th Circuit to fill the vacancy left by Michael R. Murphy.[5] President Obama commented on the nomination
| “ | Judge Carolyn B. McHugh has displayed exceptional dedication to the legal profession through her work and I am honored to nominate her to serve the American people as a judge on the United States Court of Appeals. She will be a diligent, judicious and esteemed addition to the Tenth Circuit bench.[6][7] | ” |
McHugh was rated Unanimously Well Qualified by the American Bar Association for the nomination.[8] You can find her Committee Questionnaire available here.[9]
McHugh is the first woman from Utah to sit on the Tenth Circuit.[10]
McHugh's nomination was returned by the Senate on January 3, 2014, and she was renominated on January 6th by President Obama.[11]
On January 16, 2014, the Senate Judiciary Committee approved McHugh's nomination on a voice vote.[12] McHugh was confirmed by the U.S. Senate on March 12, 2014 on a vote of 98-0.[13] She received her commission on March 14, 2014.[14]
Senator Orrin Hatch (R-Utah) said of McHugh:
| “ | Judge McHugh received praise for many things, but perhaps the most common description was simply that she works harder than anyone else. Her former law partners said it, judges said it. Over and over the same thing came up – she works incredibly hard.[15][7] | ” |
Noteworthy cases
SCOTUS reverses Tenth Circuit ruling over SORNA registration (2016)
On April 4, 2016, the U.S. Supreme Court reversed the judgment of a three-judge panel of the United States Court of Appeals for the 10th Circuit in Nichols v. United States. Judge Carolyn McHugh wrote the opinion of the circuit panel.
In 2006, Congress enacted the Sexual Offender Registration and Notification Act (SORNA). Among various provisions, SORNA required a sexual offender, as defined under the law, to both register and to provide updates upon any changes in residency. In 2007, the U.S. Attorney General issued a rule that made SORNA's provisions retroactive to convicted sex offenders. Lester Nichols was convicted in 2003 to a charge falling under SORNA's requirements, Though Nichols' conviction predated SORNA's passage, Nichols was required to update his residency status upon his release from prison in 2011. Nichols was in compliance with the law until November of 2012, when he left the United States to resettle permanently in the Philippines. He did this without notifying authorities of a change in his residency. Nichols was arrested in the Philippines by Filipino authorities, transferred to U.S. marshals in Manila, and brought back to the United States. He was charged with one count of knowingly failing to update his registration. Nichols moved to dismiss the charge, arguing that he was not required to do so as he moved to a non-SORNA jurisdiction. His motion was denied and Nichols pleaded guilty as a means of preserving his right to appeal. In an opinion for a three-judge panel of the Tenth Circuit, Judge Carolyn McHugh affirmed Nichols' conviction. In a unanimous opinion for the U.S. Supreme Court, Justice Samuel Alito reversed the circuit panel. While noting that Nichols' failure to register violated the state laws of Kansas, where Nichols resided prior to his move to Manila, Justice Alito held that "SORNA’s plain text ... did not require Nichols to update his registration in Kansas once he no longer resided there."[16]
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 Utah Courts, "Official biography of Judge McHugh," accessed January 27, 2015
- ↑ Utah Courts, "Press Release: Court of Appeals Names New Presiding Judge," January 5, 2012
- ↑ Utah Courts Press Release, "Supreme Court Appoints Judge McHugh to Conduct Commission," December 17, 2009
- ↑ Deseret News, "Utah Appellate Judge Carolyn McHugh to serve on Judicial Conduct Commission," December 17, 2009
- ↑ Whitehouse.gov, "Presidential Nominations Sent to the Senate" May 16, 2013
- ↑ "President Obama Nominates Judge Carolyn B. McHugh to Serve on the United States Court of Appeals," May 16, 2013
- ↑ 7.0 7.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ American Bar Association, "Ratings of Article III judicial nominees, 113th Congress," accessed August 16, 2016
- ↑ U.S. Senate Website, "113th Congress Nomination Materials," accessed January 27, 2015
- ↑ The Salt Lake Tribune, "Utahn lauded as 10th Circuit appeals court pick," September 25, 2013
- ↑ The White House, "Presidential Nominations Sent to the Senate," January 7, 2014
- ↑ The Salt Lake Tribune, "Senate Judiciary Committee OKs Utah appeals judge, again," January 16, 2014
- ↑ Senate.gov, "On the Nomination (Confirmation Carolyn B. McHugh, of Utah, to be U.S. Circuit Judge for the Tenth Circuit)," March 12, 2014
- ↑ Federal Judicial Center, "Biographical directory of federal judges," accessed August 16, 2016
- ↑ KCSG, "Hatch on Confirmation of Judge Carolyn McHugh to the 10th Circuit Court of Appeals," March 12, 2014
- ↑ Supreme Court of the United States, Lester Ray Nichols v. United States, decided April 4, 2016
| Political offices | ||
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| Preceded by - |
United States Court of Appeals for the 10th Circuit 2014-Present |
Succeeded by - |
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| Nominated | |||
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| Current |
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| Former | Michael Wilkins • Pamela Greenwood • William Thorne • Russell Bench • Judith Billings • James Davis (Utah) • Carolyn McHugh • J. Frederic Voros Jr. • Mary Kate Appleby • Stephen L. Roth • John A. Pearce • Diana Hagen • | ||
Federal courts:
Tenth Circuit Court of Appeals • U.S. District Court: District of Utah • U.S. Bankruptcy Court: District of Utah
State courts:
Utah Supreme Court • Utah Court of Appeals • Utah District Courts • Utah Juvenile Courts • Utah Justice Courts
State resources:
Courts in Utah • Utah judicial elections • Judicial selection in Utah
