David Hittner

American judge (born 1939)

David Hittner (born July 10, 1939) is a senior United States district judge of the United States District Court for the Southern District of Texas . He also has served by temporary assignment on the United States Court of Appeals for the Fifth Circuit , as well as the U.S. District Courts for the Southern District of New York and the District of Arizona. His tenure as a federal judge began in 1986, when he was nominated for the lifetime position by President Ronald Reagan and unanimously confirmed by the United States Senate . Prior to his appointment to the federal bench in 1986, Hittner served from 1978 to 1986 as the elected judge of the 133rd Judicial District Court of Harris County, Texas , based in Houston .

Early life

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Hittner was born in Schenectady , New York , but moved with his family to Brooklyn , New York when he was a year old. His father, J. George Hittner, was an electrician and a member of the Masons fraternal service organization. His mother, Sophie Moskowitz Hittner, was a bookkeeper and homemaker. Hittner was a Boy Scout , earning 81 merit badges and attaining Eagle Scout rank. He followed his hometown team, the Brooklyn Dodgers , and met his childhood hero, Jackie Robinson , the first African-American to play major league baseball.

Education, military service and early career

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Hittner received his undergraduate degree from New York University, serving as the president of his graduating class. Hittner received his Juris Doctor degree from New York University School of Law. He passed the New York bar exam, and served two years in the Army as an infantry captain and paratrooper. Hittner then moved to Houston to pursue his legal career.

After passing the Texas bar, Hittner joined a private firm, gaining expertise in litigation and courtroom procedure. Hittner also developed an interest in family law and in 1975 was among the first class of Texas lawyers certified as family law specialists.

Judicial career

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State court service

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Hittner twice campaigned for election to judgeships in Harris County's Courts of Domestic Relations. Those races were unsuccessful, but in 1978 Democratic Texas Governor Dolph Briscoe appointed Hittner to the 133rd Judicial District Court of Harris County. He subsequently won election twice, serving until 1986.

Federal judicial service

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On April 22, 1986, President Reagan nominated Hittner to succeed Judge George Edward Cire on the United States District Court for the Southern District of Texas. Hittner was confirmed by the U. S. Senate on June 6, 1986, and he received his commission on June 9, 1986. He assumed senior status on November 11, 2004, and initially maintained a full-time caseload. In addition to his regular duties as a state and federal judge, Hittner became an expert in summary judgments , a teacher and a mentor. From 1981 until 2007, he conducted a continuing legal education program for state and federal court practitioners entitled "Saturday Morning in Court", with the focus on the critical minutiae of trial practice. The program prompted a laudatory note from Chief Justice Warren Burger , who recalled overseeing a similar project early in his legal career. Hittner has been an adjunct professor at South Texas College of Law Houston.

Notable cases

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Racial Gerrymandering : Hittner was a member of a three-judge panel that held three of Texas' 30 Congressional districts, as drawn by the state legislature in 1990, were unconstitutional. They were drawn based on racial minority populations in an effort to influence election results. The panel's decision was twice affirmed by the U.S. Supreme Court.

The Sleeping Lawyer. In 1995, Hittner blocked the execution of death row inmate Calvin Burdine and ordered a new trial. Burdine's court-appointed counsel in state court had dozed off during significant parts of the proceedings. Hittner's decision was affirmed by the U.S. Court of Appeals for the 5th Circuit, and the U.S. Supreme Court declined to review the decision further.

Houston City Hall Bribery Trials, 1998–99. The jury deadlocked in the first trial, involving two city councilmen, two former city councilmen, a former port commissioner and a lobbyist. The second trial focused on one of the former city councilmen and the former port commissioner; both served prison terms after they were convicted of bribery and conspiracy. The third trial for the two city councilmen and the remaining former city councilman—charges against the lobbyist had been dismissed—also ended in a hung jury and mistrial. Prosecutors declined to try the case again.

Cross Burning. In 2001, Hittner sentenced Matthew Marshall to 10 years in federal prison for leading a group that burned a cross in the front yard of an African-American family in the Houston suburb of Katy .

Enron. In 2004, Hittner presided over criminal proceedings against former Enron assistant treasurer Lea Weingarten Fastow, the wife of Enron executive Andrew Fastow. She eventually pleaded guilty to filing a false federal tax return and served one year in federal prison.

Financial Fraud. Hittner sentenced R. Allen Stanford to a total of 110 years in federal prison for orchestrating a 20-year investment fraud scheme. Stanford, the former chairman of Stanford International Bank, was found guilty of misappropriating more than $7 billion from his bank and financial institutions to finance his personal business and lifestyle. During the six-week trial in 2012, Stanford was convicted on 13 of 14 counts of conspiracy, fraud, obstruction and money laundering. The jury also found that 29 financial accounts located abroad—worth approximately $330 million—were proceeds of Stanfo

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Racial Gerrymandering : Hittner was a member of a three-judge panel that held three of Texas' 30 Congressional districts, as drawn by the state legislature in 1990, were unconstitutional. They were drawn based on racial minority populations in an effort to influence election results. The panel's decision was twice affirmed by the U.S. Supreme Court.

The Sleeping Lawyer. In 1995, Hittner blocked the execution of death row inmate Calvin Burdine and ordered a new trial. …