Herb was born in 1952 in Urbana, Illinois. Herb 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 has been active in legislative issues relating to victims rights and has opposed tort reform measures instituted by insurance companies and corporations. He serves on the Board of Directors of the East Side Lawyers for Justice, which is a political action committee (PAC) of the Washington State Lawyers Association.