Southern District of Ohio

Judge Jeffery Hopkins – Nominee to the U.S. District Court for the Southern District of Ohio

Judge Jeffery Hopkins has served as a federal bankruptcy judge in Ohio for twenty-five years and is now poised to gain a lifetime appointment to the district court bench.

Background

Born in Georgia, Jeffery Hopkins was drawn to the law because an uncle, Robert Hall, was murdered by Georgia sheriff Claude Screws while trying to execute an arrest. Screws’ conviction was later overturned by the U.S. Supreme Court. See Screws v. U.S., 325 U.S. 91 (1945). Hopkins subsequently received a B.A. from Bowdoin College in 1982 and his J.D. from the Ohio State University Moritz College of Law in 1985. After graduation, Hopkins was hired as a clerk by Judge Alan Norris on the Ohio Court of Appeals. When Norris was appointed by President Reagan to the U.S. Court of Appeals for the Sixth Circuit the following year, Hopkins followed him as a clerk on that court.

Subsequently, Hopkins spent three years at Squire Sanders & Dempsey LLP (now Squire Patton Boggs) before joining the U.S. Attorney’s Office for the Southern District of Ohio.

In 1996, Hopkins was appointed to be a U.S. Bankruptcy Judge, and has served as such ever since.

In 2009, Hopkins was recommended to replace Judge Sandra Beckwith on the U.S. District Court for the Southern District of Ohio, alongside U.S. Magistrate Judge Timothy Black and Montgomery County Court of Common Pleas Judge Mary Wiseman. See Jessica Wehrman and Steve Bennish, Wiseman Finalist for Bench; Sen. Sherrod Brown Will Meet With Her, Two Others Before Recommending His Choice For Federal Court Vacancy, Dayton Daily News, June 26, 2009. However, the Obama Administration nominated and appointed Black instead after he was the final choice of Ohio senators.

History of the Seat

Hopkins has been nominated for a seat on the U.S. District Court for the Southern District of Ohio. This seat was vacated on May 18, 2022, when Judge Timothy Black moved to senior status. Hopkins applied with a selection commission put together by Ohio Senators Sherrod Brown, a Democrat, and Rob Portman, a Republican and was recommended to the White House by the senators. He was nominated on July 29, 2022.

Legal Experience

After clerking for Judge Norris on the state and federal benches, Hopkins joined the Cincinnati office of Squire Sanders & Dempsey LLP (now Squire Patton Boggs), where he represented the Bexley City School District in fighting a teacher’s suit seeking a continued teaching contract. See State ex rel. Fraysier v. Bexley City Sch. Bd. of Educ., 583 N.E.2d 1000 (Ohio App. 1989).

Hopkins then shifted to the U.S. Attorney’s Office, where he worked in the Civil Division. Hopkins would become Chief of the Civil Division by March 1993. Among the cases he handled there, Hopkins represented the government in bankruptcy matters. See, e.g., In re Ernst & Young, Inc., 129 B.R. 147 (S.D. Ohio Bankr. 1991).

Jurisprudence

Since 1996, Hopkins has served as a U.S. Bankruptcy Judge on the U.S. District Court for the Southern District of Ohio, which covers much of Southern Ohio. In that capacity, Hopkins reviews federal bankruptcy filings and proceedings.

Among the cases he handled, Hopkins approved the sale of Cambridge Eye Associates and Douglas Vision Worlds, two Cincinnati based vision companies to Davis Vision Inc., a New York based company. See Ben Fidler, Davis Vision Wins Sight Resource, The Deal, Apr. 12, 2005.

Among his notable rulings, Hopkins allowed Troulies Ledbetter to discharge one of his student loans through the bankruptcy process, finding that it imposed an undue hardship. See In re Ledbetter, 254 B.R. 714 (S.D. Ohio Bankr. 2000). However, he declined to discharge a second loan that Ledbetter held, finding it ineligible for discharge. See id. at 717. In another ruling, Hopkins permitted the discharge of an obligation to hold a spouse harmless on joint debts, finding that it did not constitute a non-dischargeable award of alimony. See Davis v. Davis, 261 B.R. 659 (S.D. Ohio Bankr. 2001).

Overall Assessment

Recommended for the federal bench by Ohio’s bipartisan duo of senators, Hopkins should see little trouble with a comfortable confirmation. If Hopkins is not confirmed this Congress however, the election of a new senator to replace Portman in Ohio may complicate his path to the bench.

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Judge Michael Newman – Nominee to the U.S. District Court for the Southern District of Ohio

A well-respected magistrate judge with bona fides on both sides of the political spectrum, Judge Michael Newman is Trump’s fourth nominee to the U.S. District Court for the Southern District of Ohio.

Background

Michael Jay Newman was born in Somerville, New Jersey, in 1960.[1]  Newman received a B.F.A. from New York University in 1982 and his J.D. from American University Washington College of Law in 1989, after having spent three years as a screenwriter and filmmaker.[2]  After graduation, Newman became a clerk to Judge Jack Sherman, a U.S. Magistrate Judge on the U.S. District Court for the Southern District of Ohio, in whose chambers he stayed until 2003, barring a one-year stint clerking for Judge Nathaniel Jones on the U.S. Court of Appeals for the Sixth Circuit.[3]

In 2003, Newman became an associate with Dinsmore & Shohl LLP in Cincinatti, becoming a Partner with the firm in 2006.[4]  In 2011, Newman was appointed to be a U.S. Magistrate Judge with the U.S. District Court for the Southern District of Ohio, where he has stayed since.

History of the Seat

Newman has been nominated for a seat on the U.S. District Court for the Southern District of Ohio.  This seat was vacated on February 15, 2019, when Judge Michael Barrett moved to senior status.  Newman applied with a selection commission put together by Ohio Senators Sherrod Brown, a Democrat, and Rob Portman, a Republican.[5]  Newman interviewed with the Commission on October 5 2019, and was recommended to the White House by the senators in November.[6]  He was nominated in February 2020.  

Legal Experience

Newman spent most of his pre-bench career as a law clerk, working in the chambers of Judges Jack Sherman and Nathaniel Jones.  From 2003 to 2011, Newman worked at Dinsmore & Shohl LLP, working on labor and employment, business, and appellate litigation.  In his time at the firm, Newman tried one case as lead counsel and one as associate counsel.[7]

Newman notably represented the Petitioner before the Supreme Court in CBOCS West, Inc. v. Humphries.[8]  While Newman did not argue the case, he participated in briefing and the Supreme Court ultimately sided with his position in a 7-2 opinion agreeing that plaintiffs could file suits under the Civil Rights Act of 1866 (Sec. 1981) alleging retaliation.[9]

Jurisprudence

Since 2011, Newman has served as a U.S. Magistrate Judge on the U.S. District Court for the Southern District of Ohio, which covers much of Southern Ohio.  In that capacity, Newman presides over misdemeanors and petty offenses, supervises discovery, and presides over civil matters where the parties consent to his jurisdiction.

Among his more notable rulings, Newman granted summary judgment to an employer, finding that a voluntary employment program allowing some customer service technicians to drive directly from their homes to customers did not discriminate against ineligible employees.[10]  In another case, Newman refused to delay a wrongful death trial relating to an inmate who died after suffering a seizure before being put in handcuffs.[11]

Political Activity

Newman has a few donations of record, all to Republicans.[12]  In addition, Newman has been a member of the Federalist Society since 2008.[13]

Overall Assessment

Judge Newman should win confirmation by a bipartisan margin.  Conservatives will be thrilled with Newman’s Federalist Society credentials and Republican political history while liberals will be assuaged that Newman has largely worked as a plaintiff’s side and civil rights attorney.

[1] Sen. Comm. on the Judiciary, 116th Cong., Michael Newman: Questionnaire for Judicial Nominees 1.

[2] Id. at 3.

[3] Id. at 2.

[4] Id.

[5] Id. at 85-86.

[6] See id.

[7] See id. at 72.

[8] 553 U.S. 442 (2008).

[9] See id.

[10] Swann v. Time Warner Entertainment Co., 126 F. Supp. 3d 973 (S.D. Ohio 2015).

[11] See Mark Gokavi, Jail Death Lawsuit: County Wants to Delay Trial, But Judge Says No, Dayton Daily News, June 26, 2018.

[13] See Newman, supra n. 1 at 9.

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Judge Matthew McFarland – Nominee to the U.S. District Court for the Southern District of Ohio

A longtime Ohio state court judge, Matthew McFarland has drawn the support of home-state senator Sherrod Brown despite his strongly conservative background.

Background

A native Ohioan, McFarland was born in Portsmouth in 1967.[1]  McFarland received a B.A. from Capital University in 1989 and his J.D. from Capital University Law School in 1992.[2]  Following his graduation, McFarland worked as an Associate with the Faulkner Law Office in Wheelersburg and as Assistant City Solicitor for the City of Portsmouth.

In 1994, McFarland became a state prosecutor, working first for the Licking County Prosecutor’s Office and then for the Scioto County Prosecutor’s Office, as well as working for the Ohio Attorney General’s Office as a Special Counsel and as a solo practitioner.[3]

From 1999 to 2004, McFarland worked as a Magistrate in the Scioto County Common Pleas Court.[4]  In 2004, he was elected as a Republican to the Fourth District Court of Appeals, where he still serves.

History of the Seat

McFarland has been nominated for a seat on the U.S. District Court for the Southern District of Ohio.  This seat was vacated on June 30, 2017, when Judge Thomas Rose moved to senior status.  McFarland applied with a selection commission put together by Ohio Senators Sherrod Brown, a Democrat, and Rob Portman, a Republican.[5]  McFarland interviewed with the Commission in late August of 2017, and was recommended to the White House by the senators in September.[6]  He was nominated in November 2018.  

Legal Experience

While McFarland started his career in civil practice, he primarily worked as a state prosecutor before he joined the bench.  By his own account, McFarland tried four cases to verdict as lead counsel and an additional five as co-counsel.  Interestingly, the three most significant cases that McFarland has tried, by his own account, all ended in “Not Guilty” verdicts on behalf of the defendants.[7]

Jurisprudence

Since 2004, McFarland has served as a judge on the Fourth District Court of Appeals in Ohio, which covers much of Southern Ohio.  In that capacity, McFarland sits on three judge panels in reviewing appeals from Ohio’s trial courts.

Among his more notable rulings, McFarland overruled a district court judge and held that parents had no obligation to pay for their adult children’s legal expenses, and thus finding that an adult could be found to be indigent even where their parents could pay their legal fees.[8]  In another case, McFarland dissented from a Fourth District decision overturning Bryan Martin’s conviction of robbery for lack of sufficient evidence.[9]

Political Activity

McFarland has a few donations of record, all to Ohio Republicans.[10]  In addition, McFarland has been a member of many conservative organizations, including the Federalist Society, the National Rifle Association, and the Scioto County Right to Life.[11]

Overall Assessment

Despite a fairly conservative jurisprudential record and a Republican background, McFarland has secured the support of Democratic Sen. Sherrod Brown.  As such, he remains favored to win confirmation before the full Senate.

[1] Sen. Comm. on the Judiciary, 116th Cong., Matthew McFarland: Questionnaire for Judicial Nominees 1.

[2] Id. at 2.

[3] Id.

[4] Id.

[5] Id. at 49.

[6] See id.

[7] See State v. Barnett, Scioto County Common Pleas Court Case No. 93CR6, 1/11/93; State v. Blanton, Scioto County Common Pleas Court Case No. 93CR307, 10/4/93; State v. Cheatwood, Jr., Jackson County Common Pleas Court Case No. 92CR10.

[8] Ohio: Judges Rule Parents Don’t Have to Pay Adult Child’s Legal Fees, U.S. Official News, Sept. 10, 2013.

[9] See Amber Gillenwater, Bidwell Man Released Following Overturned Conviction, Gallipolis Daily Tribune, Apr. 5, 2012.

[11] See McFarland, supra n. 1 at 7-8.

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Douglas Cole – Nominee to the U.S. District Court for the Southern District of Ohio

A former Ohio State Solicitor General and attorney in private practice, Douglas Cole would join the bench with over twenty years of practice experience.

Background

Cole was born in Janesville, WI in 1964.[1]  Cole received a B.A. from Ripon College in 1985, a B.S.E.E. from the University of Wisconsin College of Engineering in 1988 and his J.D. from the University of Chicago Law School in 1993.[2]  Following his graduation, Cole clerked for Judge Frank Easterbrook on the U.S. Court of Appeals for the Seventh Circuit.[3]

After his clerkship, Cole joined the Chicago office of Kirkland & Ellis as an associate.  Cole left in 1997 to become a Visiting Assistant Professor of Law at the University of Oklahoma College of Law and then, in 1998, joined Zeiger & Carpenter in Columbus as Of Counsel.[4]

In 2000, Cole became an Assistant Professor of Law at the Ohio State University Moritz School of Law.[5]  In 2003, he left when he was appointed State Solicitor General in Ohio.  Cole left the Solicitor General’s Office in 2006 when the Attorney General’s Office was taken over by Democrats, and joined the Columbus office of Jones Day as a Partner.[6]  In 2011, Cole left to become a Partner at Organ Cole in Columbus, where he still needs.

History of the Seat

Cole has been nominated for a seat on the U.S. District Court for the Southern District of Ohio.  This seat was vacated on May 31, 2018, when Judge Sandra Dlott moved to senior status.  However, he previously interviewed with the White House in 2017 in connection with the vacancy created by Judge Gregory Frost’s retirement.[7]  That seat was ultimately filled by Judge Sarah Morrison.

Cole reapplied for the Dlott vacancy with a selection commission put together by Ohio Senators Sherrod Brown, a Democrat, and Rob Portman, a Republican.[8]  Cole interviewed with the Commission in late August of 2018, and with Portman in September.[9]  He was nominated in May 2019.  

Legal Experience

Cole has fairly extensive experience with litigation, having worked both in private practice and as Ohio’s Solicitor General.  Cole has practiced in state and federal court through his career, having tried eleven cases to verdict.[10] 

Private Practice

At the firms of Kirkland & Ellis, Zeiger & Carpenter, Jones Day, and Organ Cole, Cole has primarily worked in commercial litigation.  Notably, Cole represented Uber in a suit seeking to allow the company to operate in Hillsborough County.[11]  He also represented ProMedica in a suit seeking to invalidate a Federal Trade Commission ruling undoing a hospital acquisition in Toledo.[12]

State Solicitor General

From 2003 to 2006, Cole served as Ohio’s Solicitor General, working under Republican Attorney General Jim Petro.  In this role, Cole argued five cases before the U.S. Supreme Court, winning three,[13] and losing two.[14]  The most notable of these cases was Cutter v. Wilkinson, in which Cole brought, on behalf of Ohio, a First Amendment challenge to the Religious Land Use and Institutionalized Persons Act (RLUIPA).[15]  In the challenge, Cole argued that RLUIPA, by requiring all restrictions on the religious rights of state prisoners to be justified by a “compelling state interest” elevated religion above nonreligion and violated the First Amendment.  The Court rejected this argument in a unanimous opinion by Justice Ginsburg.[16]

Political Activity

Cole has been a generous donor to Republicans over the last 10-12 years.[17]  Notably, Cole gave $10,000 to Sen. Ted Cruz’s campaign in 2012, and $7700 to Ohio State Treasurer Josh Mandel (who ran against Sen. Sherrod Brown in 2012).[18]

Overall Assessment

With over twenty years of practicing law, Cole certainly meets the base level of qualifications for the federal bench.  Overall, given the stamp of approval from Sen. Brown, Cole is favored to be confirmed before the end of the year.

[1] Sen. Comm. on the Judiciary, 115th Cong., Douglas R Cole: Questionnaire for Judicial Nominees 1.

[2] Id. 

[3] Id. at 2.

[4] Id.

[5] Id.

[6] Id. 

[7] Id. at 36.

[8] Id. 

[9] See id.

[10] Id. at 18.

[11] See Hillsborough Cnty. PTC v. Uber Tech., Case No. 15-CA-3097 (Circuit Ct, Hillsborough Cnty., Florida).

[12] ProMedica Health Sys. v. FTC, 749 F.3d 559 (6th Cir. 2014).

[13] DaimlerChrysler Corp. v. Cuno, 547 U.S. 332 (2006) (holding that plaintiffs lack standing to challenge economic development plan by Ohio); Bradshaw v. Stumpf, 545 U.S. 175 (2005) (upholding guilty plea by Ohio inmate but reversing and remanding sentence); City of Littleton v. Z.J. Gifts D-4, LLC, 541 U.S. 774 (2004) (holding that due process rights of adult business barred from operating in Littleton was not violated).

[14] Cutter v. Wilkinson, 544 U.S. 709 (2005) (holding that the Religious Land Use and Institutionalized Persons Act does not violate the First Amendment); Wilkinson v. Dotson, 544 U.S. 74 (2004) (holding that prisoners may raise challenges to their parole hearings in a 1983 suit).

[15] Cutter v. Wilkinson, 544 U.S. 709 (2005).

[16] Id.

[18] Id.

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Sarah Morrison – Nominee to the U.S. District Court for the Southern District of Ohio

A prominent labor and worker’s compensation attorney from Columbus, Sarah Morrison is favored to short-handed bench where she would become the only active female judge.

Background

Morrison was born Sarah Elizabeth Daggett in Lufkin, TX on November 12, 1970.[1]  Morrison received her B.A. from Ohio State University in 1992 and her J.D. magna cum laude from Capital University Law School in 1997.[2]  Following her graduation, Morrison clerked for Judge John Holschuh on the U.S. District Court for the Southern District of Ohio.[3]

After her clerkship, Morrison joined the Columbus office of Chester, Willcox & Saxbe as an associate.  Morrison became a partner at the firm in 2005.[4]

In 2012, Morrison became General Counsel and Chief Ethics Officer at the Ohio Bureau of Worker’s Compensation.[5]  She became the Administration and Chief Executive Officer in 2016 and continues to serve in that capacity today.

History of the Seat

Morrison has been nominated for a seat on the U.S. District Court for the Southern District of Ohio.  This seat was vacated on May 2, 2016, when Judge Gregory Frost moved to senior status.  Even though this seat opened with more than eight months left in the Obama Presidency, no nomination was put forward for the seat.

In April 2017, Morrison applied for the vacancy with a selection commission put together by Ohio Senators Sherrod Brown, a Democrat, and Rob Portman, a Republican.[6]  Morrison interviewed with the Commission in late August, and was recommended to the senators.[7]  Morrison interviewed with Portman in September and the two senators jointly recommended Morrison shortly after.[8]

In October 2017, Morrison interviewed with the White House.[9]  She was officially nominated on April 12, 2018.

Legal Experience

Morrison began her legal career at Chester, Willcox & Saxbe in Columbus.  While there, Morrison focused on civil and commercial litigation.  During her time there, Morrison notably represented the National Football League (NFL) in defending against a suit filed by the widow of Korey Stringer, an offensive lineman with the Minnesota Vikings who died of heatstroke during a practice.[10]   She also represented Honda against an employment discrimination case brought by the Equal Employment Opportunity Commission.[11]  After becoming a partner at the firm, Morrison represented Ohio State University and the University of Toledo in defending against multiple employment discrimination claims.[12]

In 2012, Morrison moved to the Ohio Bureau of Worker’s Compensation, where she served as General Counsel.  In this role, she headed the Bureau’s legal department and managed both litigation and in-house work.  She has worked in a non-legal capacity as head of the Bureau in 2016.

Political Activity

Morrison has been fairly active in the Ohio Republican Party, having volunteered with the Ohio Republican Women Campaign Fund and Capital Area Republican Women.[13]  Morrison has also served on the Franklin County Republican Party Executive Committee since 2007 and volunteered for a PAC supporting Ohio Gov. John Kasich’s Presidential bid in 2016.[14]

Overall Assessment

Despite her Republican background, Morrison has obtained the support of Sen. Sherrod Brown.  At the same time, despite her work for Trump bete noire Kasich, Morrison has received a judicial nomination from the Administration.  These two facts together speak to Morrison’s general acceptability as a nominee.  Overall, given her strong support from Brown and Portman, Morrison is expected to be comfortably confirmed and add a moderate-conservative voice to the Southern District of Ohio.

[1] Sen. Comm. on the Judiciary, 115th Cong., Sarah D. Morrison: Questionnaire for Judicial Nominees 1.

[2] Id. at 2.

[3] Id. 

[4] Id.

[5] Id.

[6] Id. at 49.

[7] Id. 

[8] See id.

[9] Id.

[10] Stringer v. Nat’l Football League, Inc., 474 F. Supp. 2d 894 (S.D. Ohio 2007).

[11] EEOC and Ways v. Honda of North Amerca Mfg., No. 2:06cv233 (S.D. Ohio 2006).

[12] See Crystal Dixon v. University of Toledo, 842 F. Supp. 2d 1044 (N.D. Ohio 2012), aff’d, 702 F.3d 369 (6th Cir. 2012); Sheryl Szeinbach v. Ohio State University, No. 2:08cv822 (S.D. Ohio 2008); Rosa Rodriguez-Monguio v. Ohio State University, No. 2:08cv139 (S.D. Ohio 2008).

[13] See Morrison, supra n. 1 at 35.

[14] Id.

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