Bert Emory Haney

Bert Emory Haney was a United States circuit judge who served on the United States Court of Appeals for the Ninth Circuit from 1935 until his death in 1943. Born in Oregon in 1879, he spent his entire legal career in the Pacific Northwest, working as a prosecutor, private attorney, and federal official before his appointment to the federal appellate bench. President Franklin D. Roosevelt, a Democrat, nominated him to a newly created seat on the Ninth Circuit in 1935, where he served for eight years during a transformative period in American law and society.

Early life and legal career

Bert Emory Haney was born on April 10, 1879, in Lafayette, Oregon, a small community in the Willamette Valley. He was the son of John Haney and Mary Haney, whose maiden name was Harris. Haney received his elementary and secondary education in the public schools of Lafayette, where he grew up in the late nineteenth century during Oregon's formative years as a state.

Following his secondary education, Haney pursued higher education at Willamette University, located in Salem, Oregon. He subsequently enrolled in the University of Oregon School of Law, which at that time maintained its campus in Portland rather than in Eugene where the main university was located. Haney completed his legal studies and earned a Bachelor of Laws degree in 1903, joining the ranks of Oregon's legal profession at the beginning of the twentieth century.

Shortly after graduating from law school, on May 28, 1903, Haney successfully passed the bar examination and was formally admitted to practice law by the Oregon Supreme Court. He commenced his legal career in June of that year by joining the practice of William D. Fenton, where he gained practical experience for approximately one year. On November 21, 1906, Haney married Jessie A. Holmes, establishing his personal life in Oregon as his professional career advanced.

In July 1904, Haney transitioned from private practice to public service when he was appointed to serve as a deputy district attorney for Oregon's fourth judicial district. He held this prosecutorial position for four years, until July 1, 1908, gaining valuable courtroom experience and familiarity with criminal law. During this same period, Haney became active in Democratic Party politics, serving as secretary of both the county and city Democratic committees from 1904 to 1907.

After completing his tenure as deputy district attorney, Haney returned to private practice on July 1, 1908, forming a legal partnership with George W. Joseph. This partnership continued for a decade, until 1918, during which time Haney built a substantial private practice while maintaining his political involvement. His commitment to the Democratic Party deepened during these years, and he assumed a leadership role as Chairman of the Oregon Democratic State Committee, a position he held from 1910 to 1915.

In 1918, Haney again left private practice to accept a federal appointment as United States Attorney for the District of Oregon. This position placed him at the helm of federal law enforcement and prosecution in Oregon during the final year of World War I and the beginning of the postwar period. He served in this capacity for approximately two years before returning to private legal practice in Portland in 1920.

During the early 1920s, Haney continued his private practice while also serving in other governmental roles. From 1922 to 1923, he held the position of Chairman of Oregon's parole board, involving himself in criminal justice policy and administration. In 1923, he made another significant career change, leaving his legal practice to become a member of the United States Shipping Board, a federal agency responsible for regulating maritime commerce. He served on this board until 1926, gaining experience in federal administrative law and maritime regulation.

In 1926, Haney sought election to the United States Senate as the Democratic Party nominee. He faced a competitive race against Republican candidates Frederick Steiwer and Robert N. Stanfield. Ultimately, Steiwer prevailed in the election, and Haney's bid for the Senate was unsuccessful. Following this electoral defeat, Haney returned to Portland and resumed his private legal practice, where he remained for the next nine years until his appointment to the federal bench.

Federal appellate service

On August 21, 1935, President Franklin D. Roosevelt nominated Haney to serve as a circuit judge on the United States Court of Appeals for the Ninth Circuit. The nomination was for a newly created seat on the court, authorized by federal legislation enacted as 49 Stat. 508, which expanded the size of the Ninth Circuit to accommodate the growing caseload in the western states. The Senate acted swiftly on the nomination, confirming Haney just two days later on August 23, 1935. He received his formal commission on August 24, 1935, and assumed his duties on the federal appellate bench.

As a circuit judge on the Ninth Circuit, Haney joined a court with jurisdiction over federal appeals from a vast geographic area encompassing multiple western states and territories. The Ninth Circuit during this period heard cases involving a wide range of federal legal questions, including matters of constitutional law, federal statutory interpretation, administrative law, and diversity jurisdiction cases. Haney's prior experience as a federal prosecutor and his service on the United States Shipping Board likely informed his work on the bench, particularly in cases involving federal criminal law and administrative matters.

Haney served on the Ninth Circuit during a period of significant legal and social change in the United States. His tenure coincided with the latter years of the New Deal, when federal courts were frequently called upon to interpret new federal regulatory statutes and assess the constitutionality of expanded federal power. The court also addressed legal issues arising from the nation's preparation for and eventual entry into World War II.

Haney's service on the Ninth Circuit continued for eight years until his death on September 18, 1943. His tenure was terminated by his passing, which occurred while he was still an active member of the court. He held the seat designated as CA90601 throughout his entire period of federal appellate service.

Jurisprudence and legacy

Bert Emory Haney's judicial service on the Ninth Circuit spanned a consequential period in American legal history, though specific details of his individual opinions and judicial philosophy are not extensively documented in available records. His background as both a prosecutor and a private practitioner, combined with his administrative experience on the United States Shipping Board, likely provided him with a diverse perspective on federal legal questions that came before the appellate court.

Haney's career trajectory reflected the professional path of many federal judges of his generation, combining private practice, public service, and political involvement before ascending to the federal bench. His extensive involvement in Democratic Party politics in Oregon, including his leadership of the state party organization and his candidacy for the United States Senate, demonstrated his engagement with public affairs beyond the courtroom. However, as a federal judge, he served in the non-partisan judicial role required of all Article III judges.

The appointment of Haney to the Ninth Circuit represented President Roosevelt's effort to staff the federal judiciary with judges who had substantial practical legal experience and familiarity with the needs and concerns of their regions. Haney's deep roots in Oregon and his decades of legal practice in the Pacific Northwest made him well-suited to address the legal issues arising from the Ninth Circuit's western jurisdiction.

Haney's death in 1943 came during the midst of World War II, a time when federal courts faced numerous legal questions related to the war effort, civil liberties, and economic regulation. His passing created a vacancy on the Ninth Circuit that would need to be filled during this critical period. The relatively brief duration of his federal judicial service—eight years—meant that his influence on the development of Ninth Circuit jurisprudence was necessarily limited compared to judges who served for longer tenures, though he contributed to the court's work during an important transitional era in American law.