David Barlow

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David Barlow
Image of David Barlow
United States District Court for the District of Utah
Tenure

2020 - Present

Years in position

5

Education

Bachelor's

Brigham Young University, 1995

Law

Yale Law School, 1998

Personal
Birthplace
Provo, Utah
Profession
Attorney
Contact

David Bruce Barlow is a judge on the United States District Court for the District of Utah. On June 12, 2019, President Donald Trump (R) nominated Barlow to a seat on this court. The U.S. Senate confirmed Barlow on December 4, 2019, by a vote of 88-4.[1] He received commission on January 6, 2020.[2] To see a full list of judges appointed by Donald Trump, click here.

The United States District Court for the District of Utah is one of 94 U.S. District Courts. They are the general trial courts of the United States federal courts. To learn more about the District of Utah, click here.

Barlow was a partner in the office of Dorsey & Whitney LLP in Salt Lake City, Utah, from 2018 to 2019.[3]

Judicial nominations and appointments

United States District Court for the District of Utah

See also: Federal judges nominated by Donald Trump

On June 12, 2019, President Donald Trump (R) nominated Barlow to a seat on the United States District Court for the District of Utah. The U.S. Senate confirmed Barlow on December 4, 2019, by a vote of 88-4.[1] To read more about the federal nominations process, click here.

Nomination Tracker
Fedbadgesmall.png
Nominee Information
Name: David B. Barlow
Court: United States District Court for the District of Utah
Progress
Confirmed 175 days after nomination.
ApprovedANominated: June 12, 2019
ApprovedAABA Rating: Unanimously well qualified
Questionnaire: Questionnaire
ApprovedAHearing: July 17, 2019
QFRs: QFRs (Hover over QFRs to read more)
ApprovedAReported: October 17, 2019 
ApprovedAConfirmed: December 4, 2019
ApprovedAVote: 88-4

Confirmation vote

The U.S. Senate confirmed Barlow on December 4, 2019, on a vote of 88-4.[1] To see a full breakdown of the vote on the official U.S. Senate website, click here.

Barlow confirmation vote (December 4, 2019)
Party Yea Nay No vote
Electiondot.png Democratic 38 4 3
Ends.png Republican 49 0 4
Grey.png Independent 1 0 1
Total 88 4 8
Change in Senate rules
See also:
Filibuster and reconciliation in the United States Congress
Federal judges nominated by Donald Trump
United States federal courts

Barlow was confirmed to a U.S. District Court under a new precedent the Senate established.

On April 3, 2019, the U.S. Senate voted 51-48 in favor of a change to chamber precedent lowering the maximum time allowed for debate on executive nominees to posts below the Cabinet level and on nominees to district court judgeships from 30 hours after invoking cloture to two.[4]

The change was passed under a procedure, often referred to as the nuclear option, that requires 51 votes rather than 60.[5]

It was the third use of the nuclear option in Senate history. In 2013, it was used to eliminate the 60-vote threshold to confirm presidential nominees, except those to the Supreme Court. In 2017, it was used to eliminate the 60-vote threshold required to confirm Supreme Court nominees.[6] For more, see Filibuster and reconciliation in the United States Congress.


Senate Judiciary Committee hearing

The Senate Judiciary Committee held hearings on Barlow's nomination on July 17, 2019.[7] On October 17, 2019, the committee voted 19-3 to advance Barlow's nomination to the full U.S. Senate.[8]

Nomination

President Donald Trump (R) announced his intent to nominate Barlow to a seat on the United States District Court for the District of Utah on May 29, 2019.[3] The U.S. Senate officially received the nomination on June 12, 2019. Barlow was nominated to replace Judge Clark Waddoups, who assumed senior status] on January 31, 2019.[1]

The American Bar Association unanimously rated Barlow well qualified for the position.[9] To read more about ABA ratings, click here.

Early life and education

Barlow was born in Provo, Utah, in 1971. He obtained a B.A., summa cum laude, in political science from Brigham Young University in 1995. He earned a J.D. from Yale Law School in 1998. During his legal studies, Barlow was a submissions editor for the Yale Law and Policy Review.[10][11]

Professional career

  • 2020-present: Judge, U.S. District Court for the District of Utah
  • 2018-2019: Partner, Dorsey & Whitney LLP
  • 2017-2018: Vice president of compliance, Walmart
  • 2014-2017: Partner, Sidley Austin LLP
  • 2011-2014: U.S. attorney, District of Utah
  • 2011: General counsel and chief counsel, Judiciary, U.S. Senate Office of Senator Mike Lee (R)
  • 2000-2010: Sidley Austin LLP
    • 2006-2010: Partner
    • 2000-2006: Associate
  • 1998-2000: Associate, Locke Lord Bissell & Liddell LLP[11]

Awards and associations

Awards

  • 2014: NAACP Distinguished Service Award, Utah Chapter
  • 1999: Pro Bono Advocates Lawyer of the Year Award[11]

Associations

  • Aldon J. Anderson Inn of Court
    • 2013-2017: Master of the Bench
  • American Bar Association
  • Boy Scouts of America
    • 2015-2017: Chartered organization representative
  • D.C. Bar Association
  • Defense Research Institute
  • Federal Bar Association
  • National Association of Former United States Attorneys
    • 2015-2018: Board of Directors
  • United States Attorney General's Advisory Committee
  • U.S. Department of Justice Local Government Coordination Working Group
    • 2013-2014: Founding chair
  • Utah Bar Association[11]

About the court

District of Utah
Tenth Circuit
UT-D.gif
Judgeships
Posts: 5
Judges: 5
Vacancies: 0
Judges
Chief: Robert Shelby
Active judges: Ann Marie McIff Allen, David Barlow, Howard Nielson, Jill N. Parrish, Robert James Shelby

Senior judges:
Tena Campbell, Dale Kimball, David Nuffer, David Sam, Brian Stewart, Clark Waddoups


The United States District Court for the District of Utah is one of 94 United States district courts. The court is based in Salt Lake City, Utah, with another courtroom in Ogden, Utah. When decisions of the court are appealed, they are appealed to the United States Court of Appeals for the Tenth Circuit based in downtown Denver, Colorado, at the Byron White Federal Courthouse.

The District of Utah has original jurisdiction over cases filed within its jurisdiction. These cases can include civil and criminal matters that fall under federal law.

There are two court divisions, each covering the following counties:

The Central Division, covering Beaver, Carbon, Daggett, Duchesne, Emery, Garfield, Grand, Iron, Juab, Kane, Millard, Piute, Salt Lake, San Juan, Sanpete, Sevier, Summit, Tooele, Uintah, Utah, Wasatch, Washington, and Wayne counties

The Northern Division, covering Box Elder, Cache, Davis, Morgan, Rich, and Weber counties

To read opinions published by this court, click here.

The federal nomination process

Federal judges are nominated by the president of the United States and confirmed by the Senate. There are multiple steps to the process:

  • The president nominates an individual for a judicial seat.
  • The nominee fills out a questionnaire and is reviewed by the Senate Judiciary Committee.
  • The Senate Judiciary Committee holds a hearing with the nominee, questioning them about things like their judicial philosophy, past rulings or opinions, etc.
  • As part of this process, the committee sends a blue slip to senators from the home state in which the judicial nomination was received, allowing them to express their approval or disapproval of the nominee.
  • After the hearing, the Senate Judiciary Committee will vote to approve or return the nominee.
  • If approved, the nominee is voted on by the full Senate.
  • If the Committee votes to return the nominee to the president, the president has the opportunity to re-nominate the individual.
  • The Senate holds a vote on the candidate.
  • If the Senate confirms the nomination, the nominee receives a commission to serve a lifelong position as a federal judge.
  • If the Senate does not confirm the nomination, that nominee does not become a judge.


See also

External links

Footnotes

Political offices
Preceded by
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United States District Court for the District of Utah
2020-Present
Succeeded by
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