Taking Justice One Step Further: Four Alumni on Their Roles as Federal Magistrate Judges
Two events happened in 1968 that would shape the course of Brian Short’s career: University of Notre Dame quarterback Terry Hanratty became a consensus All-American and the Federal Magistrates Act of 1968 was enacted.
Reading about Hanratty and the rest of the Notre Dame football team in Sports Illustrated that summer attracted former Magistrate Brian Short ’72, ’75 J.D. to the University. The excitement surrounding the Fighting Irish and the University appealed to him, and he persevered through seven years to earn his law degree.
The impact of the Federal Magistrates Act was less direct but ultimately no less consequential for Short and other Notre Dame Law alumni who have served as federal magistrate judges. In the nearly 60 years since the law was passed, many an alumnus has served as a magistrate judge. Four of them, profiled here, span four decades of Notre Dame Law School education which, they say, significantly shaped their future roles.
Justice and Efficiency
The 1968 law created the office of magistrate. In 1979, another law broadened the role and alleviated some of the burden on federal district judges. As a result, magistrate judges today are able to try certain cases with the consent of the parties and often play an important role in resolving matters.
In 1980, Short was in private practice when he learned of an open magistrate position in the District of Minnesota. With the expanded authority the new law provided, he found the possibility intriguing. As a magistrate through 1984, Short left his mark on the developing office. He was the first magistrate in Minnesota—and one of the first in the nation—to conduct summary jury trials, an alternative dispute resolution technique in which parties present streamlined cases. “The goal is to have a judicial system which is just and efficient,” he said. “We spend huge resources on making it just and we kind of forget about the efficient part. One of the things that motivated me was, if we could figure out a way to make it more efficient, it would become more just.”
Magistrate Roles
Short may have been the first Notre Dame Law alumnus in the evolving role of federal magistrate judge, but others who have followed him have also contributed to the office and how justice is administered in each of their districts.
Magistrate Judge Michael Bordallo ’83, ’87 J.D., the only current magistrate judge in the District of Guam, serves on the Magistrate Judges Executive Board for the Ninth Circuit. During board meetings, he interacts with magistrate judges from courts in cities including Los Angeles and Phoenix, where there are around 20 magistrate judges. Despite differences in geography and personnel, “We are identical to any district court.” Much of Bordallo’s work is in the drug court, which supervises the release of individuals convicted of drug offenses. “Many of the people coming before me come from households where they literally raised themselves, where one parent was an addict, or never gainfully employed,” he said, noting that it’s important to “understand where they came from and understand what little victories are for them.”
Another major role for federal magistrate judges involves presiding over settlement conferences. These conferences are where Magistrate Judge Heather McShain ’96, ’99 J.D. of the Northern District of Illinois said she spends about half her time. “It’s rewarding to have parties feel heard and help them resolve their cases short of litigation, to save time and expense and gain closure.” McShain also presides over the Veteran Treatment Court in her district, a diversion court which helps military veterans who have had multiple arrests address substance abuse or mental health issues. “The work is rewarding and my favorite judicial role,” she said.
Also a fan of settlement conferences, Short found them exciting and rewarding. In his interactions with litigants early in their cases, he saw that through scheduling and settlement conferences, he could help them reach agreements. “I’m kind of a deal guy. I’m a transaction person, and settling cases was something that was a deal to me, was a transaction, and I was fairly adept at it,” remarked Short, who now operates banking and trucking businesses.
Of course, not all matters settle, and magistrate judges can help litigants understand those outcomes as well. Magistrate Judge Robert Numbers II ’05 J.D. of the Eastern District of North Carolina said, “In each case, at least one of the parties is going to be disappointed in the court’s decision. It is important that both sides understand that the court’s decision resulted from the application of neutral principles, like precedent, statutory text, or the Constitution’s original meaning, not the judge’s personal preference.”
Notre Dame Influence
The Law School’s ethos of service has loomed large in the lives of these Notre Dame Law alumni. “At Notre Dame, I learned that being a lawyer is not just a career, it is a vocation. A lawyer’s responsibility goes beyond mastering the substantive aspect of the law. It includes acting with integrity, demonstrating respect for the dignity of every person, and living a life focused on service to others,” said Numbers, who worked in private practice representing businesses, municipalities, and law enforcement agencies before becoming a magistrate judge in 2014.
“I carry these values with me each day as I approach my work as a judge.” He also was inspired by his parents, who served in local government in his hometown of Coopersburg, Pennsylvania.
Similarly, Bordallo’s family heritage of service prompted him to become a judge. In addition to his father—Notre Dame alumnus Fred Bordallo ’55, an attorney who served in multiple roles on the board of education—several uncles were elected officials and worked for government agencies. In 1998, Bordallo joined the bench of the Superior Court of Guam, the territory’s trial court, where he served until becoming a federal magistrate judge in 2020. Bordallo’s own community service extends outside the courtroom; he plays ukulele in a band that often entertains at fundraising events.
McShain believes that “the credential of a Notre Dame law degree hopefully means more than job prestige and high earning potential, and that this Law School produces lawyers with a demonstrated and constant commitment to serving others, regardless of whether one lands in the public or private sector.” McShain’s interest in a legal career was sparked as a Notre Dame undergraduate, when she completed a summer service project working with a Boys & Girls Club. After interacting with attorneys on the organization’s board, “I walked away with the impression that you can do a lot of different things with a law degree.” McShain herself has done just that, with varied roles from private practice to federal prosecutor. She became a magistrate judge in 2020.
For Short, the Notre Dame Law legacy of service simply comes down to caring about people. He valued the opportunity to learn critical thinking and interact with “really smart people” as a law student, but also, “Notre Dame certainly was, and I think still is, a real special place.” As a magistrate and in the rest of his career that followed, he has prided himself on his concern for the people around him. “I give Notre Dame a lot of credit for that.”
“Notre Dame appealed to me because it combined rigorous academics and a vibrant alumni network with a mission rooted in values and service,” commented Numbers. “It felt like a place that would prepare me not just to practice law, but to do so with purpose.”
A Privilege
No matter how these alumni—influenced by everything from gridiron success to family legacies—ended up at Notre Dame Law and beyond, they all integrate their values of service and concern for others in their work.
For Numbers, several of his own clerks have been Notre Dame Law alumni. “Seeing them go on to successful careers, whether in private practice, government service, or in industry, is deeply gratifying,” he said. “It’s a privilege to help shape the next generation of lawyers.”
- Written by Suzi Morales
Additional Magistrate Judges from ND Law
Ryan C. Carson ’03 J.D.
U.S. District Court for the District of Nebraska
Nicholas A. Danella ’06 J.D.
U.S. District Court, Northern District of Alabama
Katherine J. Garza ‘02, ‘05 J.D.
Lake County Superior Court, Juvenile Division,
Crown Point, Indiana
Michael G. Gotsch Sr. ’79, ’87 J.D.
U.S. District Court, Northern District of Indiana (Ret.)
Anthony P. Patti ’90 J.D.
U.S. District Court, Eastern District of Michigan
Robert G. “Bob” Scott ‘73, ‘75 M.S., ’80 J.D.
District Magistrate Judge, 10th Judicial District,
Johnson County, Kansas (Ret.)
Eric J. Tamashasky ’04 J.D.
St. Joseph County Superior Court, Indiana