Malcolm F. Marsh

Malcolm Francis Marsh (September 24, 1928 – March 15, 2025) was an American attorney and jurist who was a United States district judge of the United States District Court for the District of Oregon. A native of Oregon, he served as an active judge for eleven years and was in private legal practice in Salem before that.

Early life and education Marsh was born in Portland, Oregon, on September 24, 1928, the son of lawyer Francis Marsh. His father's twin brother was Eugene E. Marsh, onetime Speaker of the Oregon House of Representatives and President of the Oregon State Senate. Both brothers served as president of the Oregon State Bar.

Federal judicial service While in Salem he became friends with later United States Senator Mark Hatfield in the 1950s, and remained in private practice in the city until 1987. In 1989 and 1990 he presided over two lawsuits by the NBA against the Oregon Lottery over the lottery's Sports Action games. He also was the judge in several legal proceedings in the late 1980s and early 1990s over logging on federal lands.

In February 1992, the Oregon Republican Party sued the Oregon Secretary of State to force all Oregon Senate seats to be contested in the 1992 election following redistricting from the 1990 Census. Marsh heard the case and ruled for the state, saying the state did not need to hold all the elections in one year and could retain the staggered system. In the case, Marsh ruled the testing policy was constitutional, but was overturned by the United States Circuit Court for the Ninth Circuit, which in turn was overturned on appeal by the Supreme Court.

Over several years Marsh presided over several cases concerning salmon. He also heard the first challenges to the dams on the Columbia River under the Endangered Species Act after some salmon runs were listed as endangered. Turner had investigated the Rajneeshees and their activities including their bioterror attack. At trial two Rajneeshees were found guilty in the plot and Marsh sentenced them to five years in prison.

Marsh was the main person from the judiciary involved with the design of the new Mark O. Hatfield United States Courthouse. In 1997, he oversaw the move of the court to the new Hatfield Courthouse.

Personal life and death In 1953, Marsh married the former Shari Long. They had three children. Marsh died on March 15, 2025, at the age of 96.