Herb was born in 1952 in Urbana, Illinois. He graduated in 1974 from the University of Illinois, Urbana Champaign Campus in Political Science and History. After graduation, he moved to Seattle and fell in love with the Pacific Northwest. He was admitted to the University of Puget Sound, which is now known as Seattle University, graduating cum laude from the School of Law in 1976. He also attended the University of Washington Law School and the University of Illinois Law School during summer quarters.He married his wife Linda in 1984 and they will celebrate their 25 anniversary soon. They have 3 wonderful children and they live in the Clyde Hill area of Bellevue.