Malcolm F. Marsh
Encyclopedia
Malcolm Francis Marsh is an American attorney and jurist from the state of Oregon
. He is currently a senior federal district court judge in Portland, Oregon
, for the United States District Court for the District of Oregon
. A native of Oregon, he served as an active judge for eleven years and previously was in private legal practice in Salem
.
, in 1928, the son of lawyer Francis Marsh. His father’s twin brother was Eugene E. Marsh, onetime Speaker of the Oregon House of Representatives
and President of the Oregon State Senate
. Both brothers served as president of the Oregon State Bar
. The family moved to McMinnville
southwest of Portland in 1935. In 1946, he joined the United States Army
and served as a corporal in Japan until discharge in 1947.
After returning to Oregon, he enrolled at the University of Oregon
in Eugene
where he graduated with a bachelor of science degree in 1951. Marsh then attended the law school at the university, and graduated in 1954 with a bachelor of laws degree. In 1953, he married the former Shari Long, and they would have three children. After graduating from law school, Marsh entered private practice in McMinnville, working for his father. Later in 1954 he moved to Salem
where he partnered with Ned Clark and specialized as a trial attorney in products liability. He was inducted into the American College of Trial Lawyers in 1979. In 1983, he was named Salem’s First Citizen.
in the 1950s, and remained in private practice in the city until 1987. The friendship with Hatfield helped lead to President Ronald Reagan
nominating Marsh for a judgeship on Oregon’s federal court in 1987 after Edward Leavy
moved to the Ninth Circuit. Nominated on February 2, he was confirmed by the United States Senate
on March 20 and received his commission on March 24, 1987, for the Portland based court.
Marsh oversaw the legal proceedings by the federal government against the State of Oregon over the Fairview Training Center
in Salem in the late 1980s. In 1989 and 1990 he presided over two lawsuits by the NBA against the Oregon Lottery
over the lottery’s Sports Action games. He also was the judge in several legal proceedings in the late 1980s and early 1990s over logging on federal lands.
In February 1992, the Oregon Republican Party
sued the Oregon Secretary of State
to force all Oregon Senate seats to be contested in the 1992 election following redistricting from the 1990 Census. Marsh heard the case and ruled for the state, saying the state did not need to hold all the elections in one year and could retain the staggered system. Later in 1992, he presided over the lawsuit against the Vernonia School District
for the district’s random drug testing policy. In the case
, Marsh ruled the testing policy was constitutional, but was overturned by the United States Circuit Court for the Ninth Circuit
, which in turn was overturned on appeal by the Supreme Court
.
Over several years Marsh presided over several cases concerning salmon
. This included later oversight of the Sohappy v. Smith
case concerning tribal rights to salmon runs in the Pacific Northwest
. He also heard the first challenges to the dams on the Columbia River
under the Endangered Species Act
after some salmon runs were listed as endangered.
Marsh presided over the 1995 trial of several former followers of the Bhagwan Shree Rajneesh after their failed assassination plot against U.S. Attorney for Oregon Charles H. Turner
. Turner had investigated the Rajneeshee’s and their activities including their bioterror attack
. At trial two Rajneeshees were found guilty in the plot and Marsh sentenced them to five years in prison. He later sentenced another conspirator to five years of probation for their role in the plot.
Marsh was the main person from the judiciary involved with the design of the new Mark O. Hatfield United States Courthouse
. He worked with the General Services Administration
to design the 16-story, and nearly $130 million building to ensure adequate space for 30 years. In 1997, he oversaw the move of the court to the new Hatfield Courthouse. On April 16, 1998, Marsh became a senior judge for the court.
Oregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
. He is currently a senior federal district court judge in Portland, Oregon
Portland, Oregon
Portland is a city located in the Pacific Northwest, near the confluence of the Willamette and Columbia rivers in the U.S. state of Oregon. As of the 2010 Census, it had a population of 583,776, making it the 29th most populous city in the United States...
, for the United States District Court for the District of Oregon
United States District Court for the District of Oregon
The United States District Court for the District of Oregon is the Federal district court whose jurisdiction comprises the state of Oregon. It was created in 1859 when the state was admitted to the Union...
. A native of Oregon, he served as an active judge for eleven years and previously was in private legal practice in Salem
Salem, Oregon
Salem is the capital of the U.S. state of Oregon, and the county seat of Marion County. It is located in the center of the Willamette Valley alongside the Willamette River, which runs north through the city. The river forms the boundary between Marion and Polk counties, and the city neighborhood...
.
Early life
Malcolm Marsh was born in Portland, OregonPortland, Oregon
Portland is a city located in the Pacific Northwest, near the confluence of the Willamette and Columbia rivers in the U.S. state of Oregon. As of the 2010 Census, it had a population of 583,776, making it the 29th most populous city in the United States...
, in 1928, the son of lawyer Francis Marsh. His father’s twin brother was Eugene E. Marsh, onetime Speaker of the Oregon House of Representatives
Oregon House of Representatives
The Oregon House of Representatives is the lower house of the Oregon Legislative Assembly. There are 60 members of the House, representing 60 districts across the state, each with a population of 57,000. The House meets at the Oregon State Capitol in Salem....
and President of the Oregon State Senate
Oregon State Senate
The Oregon State Senate is the upper house of the state-wide legislature for the U.S. state of Oregon. Along with the lower chamber Oregon House of Representatives it makes up the Oregon Legislative Assembly. There are 30 members of the State Senate, representing 30 districts across the state,...
. Both brothers served as president of the Oregon State Bar
Oregon State Bar
The Oregon State Bar is a government agency in the U.S. state of Oregon. Founded in 1890 as the private Oregon Bar Association, it became a public entity in 1935 that regulates the legal profession. The public corporation is part of the Oregon Judicial Department...
. The family moved to McMinnville
McMinnville, Oregon
McMinnville is the county seat and largest city of Yamhill County, Oregon, United States. According to Oregon Geographic Names, it was named by its founder, William T. Newby , an early immigrant on the Oregon Trail, for his hometown of McMinnville, Tennessee...
southwest of Portland in 1935. In 1946, he joined the United States Army
United States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...
and served as a corporal in Japan until discharge in 1947.
After returning to Oregon, he enrolled at the University of Oregon
University of Oregon
-Colleges and schools:The University of Oregon is organized into eight schools and colleges—six professional schools and colleges, an Arts and Sciences College and an Honors College.- School of Architecture and Allied Arts :...
in Eugene
Eugene, Oregon
Eugene is the second largest city in the U.S. state of Oregon and the seat of Lane County. It is located at the south end of the Willamette Valley, at the confluence of the McKenzie and Willamette rivers, about east of the Oregon Coast.As of the 2010 U.S...
where he graduated with a bachelor of science degree in 1951. Marsh then attended the law school at the university, and graduated in 1954 with a bachelor of laws degree. In 1953, he married the former Shari Long, and they would have three children. After graduating from law school, Marsh entered private practice in McMinnville, working for his father. Later in 1954 he moved to Salem
Salem, Oregon
Salem is the capital of the U.S. state of Oregon, and the county seat of Marion County. It is located in the center of the Willamette Valley alongside the Willamette River, which runs north through the city. The river forms the boundary between Marion and Polk counties, and the city neighborhood...
where he partnered with Ned Clark and specialized as a trial attorney in products liability. He was inducted into the American College of Trial Lawyers in 1979. In 1983, he was named Salem’s First Citizen.
Legal career
While in Salem he became friends with later U.S. Senator Mark HatfieldMark Hatfield
Mark Odom Hatfield was an American politician and educator from the state of Oregon. A Republican, he served for 30 years as a United States Senator from Oregon, and also as chairman of the Senate Appropriations Committee...
in the 1950s, and remained in private practice in the city until 1987. The friendship with Hatfield helped lead to President Ronald Reagan
Ronald Reagan
Ronald Wilson Reagan was the 40th President of the United States , the 33rd Governor of California and, prior to that, a radio, film and television actor....
nominating Marsh for a judgeship on Oregon’s federal court in 1987 after Edward Leavy
Edward Leavy
Judge Edward Leavy is a judge for the United States Court of Appeals for the Ninth Circuit and the United States Foreign Intelligence Surveillance Court of Review. Prior to these positions, Leavy was a judge for the U.S...
moved to the Ninth Circuit. Nominated on February 2, he was confirmed by the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
on March 20 and received his commission on March 24, 1987, for the Portland based court.
Marsh oversaw the legal proceedings by the federal government against the State of Oregon over the Fairview Training Center
Fairview Training Center
The Fairview Training Center was a state-run facility for people with developmental disabilities in Salem, Oregon, United States. Fairview was established in 1907 as the State Institution for the Feeble-Minded. The hospital opened on December 1, 1908 with 39 patients transferred from the Oregon...
in Salem in the late 1980s. In 1989 and 1990 he presided over two lawsuits by the NBA against the Oregon Lottery
Oregon Lottery
The Oregon Lottery is run by the government of Oregon. It is a member of the Multi-State Lottery Association .- History :The Oregon Lottery was enabled by an amendment to the Oregon Constitution, approved by voters in the 1984 general election. The Lottery began the next year, eventually offering...
over the lottery’s Sports Action games. He also was the judge in several legal proceedings in the late 1980s and early 1990s over logging on federal lands.
In February 1992, the Oregon Republican Party
Oregon Republican Party
The Oregon Republican Party is the state affiliate of the United States Republican Party in Oregon, headquartered in Lake Oswego. The first state party convention was held in Salem on April 21, 1859, and its first nominee for Congress, Portland attorney David Logan...
sued the Oregon Secretary of State
Oregon Secretary of State
The Secretary of State of Oregon, an elected constitutional officer within the executive branch of government of the U.S. state of Oregon, is first in line of succession to the Governor. The duties of office are: auditor of public accounts, chief elections officer, and administrator of public...
to force all Oregon Senate seats to be contested in the 1992 election following redistricting from the 1990 Census. Marsh heard the case and ruled for the state, saying the state did not need to hold all the elections in one year and could retain the staggered system. Later in 1992, he presided over the lawsuit against the Vernonia School District
Vernonia, Oregon
Vernonia is a city in Columbia County, Oregon, United States. The city is located on the Nehalem River, in a valley on the eastern side of the Northern Oregon Coast Range. It is located the heart of the most important timber-producing areas of the state, and logging has played an important role in...
for the district’s random drug testing policy. In the case
Vernonia School District 47J v. Acton
Vernonia School District 47J v. Acton, was a U.S. Supreme Court decision which upheld the constitutionality of random drug testing regimen implemented by the local public schools in Vernonia, Oregon. Under that regimen, student athletes were required to submit to random drug testing before being...
, Marsh ruled the testing policy was constitutional, but was overturned by the United States Circuit Court for the Ninth Circuit
United States Court of Appeals for the Ninth Circuit
The United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...
, which in turn was overturned on appeal by the Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
.
Over several years Marsh presided over several cases concerning salmon
Salmon
Salmon is the common name for several species of fish in the family Salmonidae. Several other fish in the same family are called trout; the difference is often said to be that salmon migrate and trout are resident, but this distinction does not strictly hold true...
. This included later oversight of the Sohappy v. Smith
Sohappy v. Smith
Sohappy v. Smith, 302 F.Supp. 899 , along with the combined United States v. Oregon, was a federal case heard by the United States District Court for the District of Oregon, decided in 1969 and amended in 1975...
case concerning tribal rights to salmon runs in the Pacific Northwest
Pacific Northwest
The Pacific Northwest is a region in northwestern North America, bounded by the Pacific Ocean to the west and, loosely, by the Rocky Mountains on the east. Definitions of the region vary and there is no commonly agreed upon boundary, even among Pacific Northwesterners. A common concept of the...
. He also heard the first challenges to the dams on the Columbia River
Columbia River
The Columbia River is the largest river in the Pacific Northwest region of North America. The river rises in the Rocky Mountains of British Columbia, Canada, flows northwest and then south into the U.S. state of Washington, then turns west to form most of the border between Washington and the state...
under the Endangered Species Act
Endangered Species Act
The Endangered Species Act of 1973 is one of the dozens of United States environmental laws passed in the 1970s. Signed into law by President Richard Nixon on December 28, 1973, it was designed to protect critically imperiled species from extinction as a "consequence of economic growth and...
after some salmon runs were listed as endangered.
Marsh presided over the 1995 trial of several former followers of the Bhagwan Shree Rajneesh after their failed assassination plot against U.S. Attorney for Oregon Charles H. Turner
Charles H. Turner (attorney)
Charles H. Turner is a former United States Attorney for the District of Oregon. Prior to his presidential appointment as U.S. Attorney, Turner worked under his predecessor, Sidney I. Lezak, for 14 years. He was appointed as Lezak's replacement by President Ronald Reagan.As U.S...
. Turner had investigated the Rajneeshee’s and their activities including their bioterror attack
1984 Rajneeshee bioterror attack
The 1984 Rajneeshee bioterror attack was the food poisoning of 751 individuals in The Dalles, Oregon, United States, through the deliberate contamination of salad bars at ten local restaurants with salmonella...
. At trial two Rajneeshees were found guilty in the plot and Marsh sentenced them to five years in prison. He later sentenced another conspirator to five years of probation for their role in the plot.
Marsh was the main person from the judiciary involved with the design of the new Mark O. Hatfield United States Courthouse
Mark O. Hatfield United States Courthouse
The Mark O. Hatfield United States Courthouse is a federal courthouse in Portland, Oregon. It is named in honor of former U.S. Senator Mark O. Hatfield. It is used by the United States District Court for the District of Oregon....
. He worked with the General Services Administration
General Services Administration
The General Services Administration is an independent agency of the United States government, established in 1949 to help manage and support the basic functioning of federal agencies. The GSA supplies products and communications for U.S...
to design the 16-story, and nearly $130 million building to ensure adequate space for 30 years. In 1997, he oversaw the move of the court to the new Hatfield Courthouse. On April 16, 1998, Marsh became a senior judge for the court.