Wednesday: Judgepedia's "Federal Courts, Empty Benches" Update →Donald Molloy
| Donald Molloy | |
| Current Court Information: | |
| United States District Court for the District of Montana | |
| Title: | Senior Judge |
| Position: | Seat #1 |
| Service: | |
| Appointed by: | Bill Clinton |
| Active: | 8/1/1996 - 8/16/2011 |
| Chief: | 2001 - 2008 |
| Senior: | 8/16/2011 - Present |
| Preceded by: | Paul Hatfield |
| Succeeded by: | Dana Christensen |
| Personal History | |
| Born: | 1946 |
| Home State: | Butte, MT |
| Bachelors: | U. of Montana, B.A., 1968 |
| Law School: | U. of Montana School of Law, J.D., 1976 |
| Military service: | U.S. Navy 1968 - 1973 Naval Aviation |
Contents |
Donald W. Molloy is an Article III federal judge serving on senior status for the United States District Court for the District of Montana. He joined the court in 1996 after being nominated by President Bill Clinton. Molloy assumed senior status on August 16 2011.
Early life and education
Born in Butte, Montana, Molloy graduated from the University of Montana with his Bachelor's Degree in 1968 and later from the University of Montana School of Law with his Juris Doctor in 1976.
Molloy served in the U.S. Navy in Naval Aviation from 1968 to 1973. [1]
Professional career
Molloy was a law clerk for former federal judge James Battin in the United States District Court for the District of Montana from 1976 to 1978. Molloy was a private practice attorney in Montana from 1978 to 1995.[1]
Judicial career
District of Montana
On the recommendation of U.S. Senator Max Baucus, Molloy was nominated to the United States District Court for the District of Montana by President Bill Clinton on December 21, 1995 to a seat vacated by Paul Hatfield as Hatfield assumed senior status. Molloy was confirmed by the Senate on July 18, 1996 on a majority vote and received commission on August 1, 1996. Molloy served as the Chief Judge of the court from 2001 to 2008. [2] Molloy assumed senior status on August 16 2011. Molloy was succeeded in this position by Dana Christensen.
Notable cases
A notable case on this page needs to be updated.
Property re-appraisal case
Judge Molloy threw out a case involving a Missoula accountant which sued the Montana Governor and Montana State Treasurer over claimed abuse of the Montana Constitution in assessing property.
The judge dismissed the case after finding that Montana's law to resolve property assessments does allow for a prompt resolution process. The accountant in the case plans to re-file the case in state court[3].
Wolf hunting
Judge Molloy is presiding in a case to determine whether the State of Montana could allow wolf hunting to happen during the 2009 season. Despite Montana Governor Brian Schweitzer's desire to allow wolf hunting to happen due to the increase in the wolf population, animal protection organizations are pressing the judge to not allow wolf hunting and to keep wolves on the endangered species list. [4]
A hearing was held on August 31, 2009 to determine if a wolf hunting season should happen in Montana and in nearby Idaho, but the judge did not issue a ruling. This prompted officials in Montana and Idaho to start their hunting seasons. Licenses for wolf hunting for the 2009 have already been sold in Montana and state officials continued to press their case for a wolf hunt as Montana's season starts on September 15, 2009. [5].
On September 9, 2009, Judge Molloy ruled that wolf hunting season in Montana can begin on September 15, 2009. As part of the judge's ruling, it set precedent for the State of Idaho to start their wolf hunting season in 2009. The judge's ruling dismissed claims by environmentalists against a wolf hunt, stating that if thirty percent of wolf population is hunted one year that the same percentage of new species will be in the wolf population the next. [6]
On August 5, 2010, Judge Molloy ruled that the U.S. Department of Fish and Wildlife Service (FWS) erred in separating the wolf populations of Idaho, Montana, and Wyoming, which led to wolves in Idaho and Montana being removed from the endangered species list and being hunted. His decision effectively ended sanctioned wolf hunts in Montana and Idaho.[7]
Another challenge to gray wolf status
Almost one year later, Molloy ruled again on the issue. An environmental group challenged the action of Congress to remove endangered species protection, since it was attached to the 2011 budget. The group contended that a change had to be made to the Endangered Species Act. Malloy, while disagreeing with the method of Congress, found that the body's action was constitutional. [8]
See also
External links
- Independent Record, "U.S. District Judge Molloy to step aside," December 23, 2010
- Judge Molloy's Profile at the Federal Judicial Center
References
- ↑ 1.0 1.1 Judge Molloy's Profile at the Federal Judicial Center.
- ↑ "THOMAS" Donald Molloy USDC, MT confirmation: PN800-104
- ↑ "Helena Air" Federal judge dismisses reappraisal challenge, January 12, 2010
- ↑ "Missoulan" Governor to Judge Molloy: Don't stop Montana's wolf hunting season, August 26, 2009
- ↑ "KULR 8" Wolf Hunt to Start, August 31, 2009
- ↑ "Associated Press" Federal judge says wolf hunts OK in Idaho, Montana, September 10, 2009
- ↑ Idaho Reporter, "Idaho wolves back on federal endangered species list"
- ↑ Idaho Statesmen, "Judge upholds Congress' change to wolf status," August 3, 2011
| Federal judicial offices | ||
|---|---|---|
| Preceded by: Paul Hatfield |
District of Montana 1996–2011 Seat #1 |
Succeeded by: Dana Christensen |
| |||
|---|---|---|---|
| Active judges | |||
| Senior judges |
Donald Molloy • Sam Haddon • Charles Lovell • Jack Shanstrom • | ||
| Magistrate judges | Keith Strong • Carolyn Ostby • Jerry Lynch • | ||
| Former Article III judges |
William Henry Hunt • Paul Hatfield • Hiram Knowles • George Bourquin • Carl Rasch • Richard Cebull • Charles Nelson Pray • James Harris Baldwin • James Battin • William Jameson • William Murray • Russell Smith • Robert Lewis Brown • | ||
| Former Chief judges |
Paul Hatfield • Richard Cebull • Donald Molloy • Jack Shanstrom • Charles Nelson Pray • James Battin • William Jameson • William Murray • Russell Smith • | ||
