David Counts
2018 - Present
7
Walter David Counts III is a judge on the United States District Court for the Western District of Texas. He was nominated to the court by President Donald Trump (R) on September 11, 2017, and confirmed by the U.S. Senate on January 11, 2018, by a vote of 96-0.[1] To see a full list of judges appointed by Donald Trump, click here.
The United States District Court for the Western District of Texas 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 court, click here.
Counts previously served as a federal magistrate judge for the Western District of Texas from 2009 to 2018.
Counts was nominated by President Barack Obama (D) to serve as an Article III federal judge on the same court.[2] On January 3, 2017, Counts' nomination was returned to President Obama at the sine die adjournment of the 114th United States Congress.[3]
Judicial nominations and appointments
United States District Court for the Western District of Texas (2018-present)
- See also: Federal judges nominated by Donald Trump
Counts was nominated to the United States District Court for the Western District of Texas by President Donald Trump (R) on September 11, 2017. The U.S. Senate confirmed Counts on January 11, 2018, by a vote of 96-0.[1] He received commission on January 17, 2018.[4] To read more about the federal nomination process, click here.
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| Nominee Information |
| Name: Walter David Counts III |
| Court: United States District Court for the Western District of Texas |
| Progress |
| Confirmed 122 days after nomination. |
 Nominated: September 11, 2017
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| ABA Rating: Unanimously Well Qualified
|
| Questionnaire: Questionnaire |
| Hearing: September 7, 2016
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| QFRs: (Hover over QFRs to read more) |
| Reported: October 26, 2017
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| Confirmed: January 11, 2018
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| Vote: 96 - 0
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Confirmation vote
The U.S. Senate confirmed Count on January 11, 2018, on a vote of 96-0.[1] To see a full breakdown of the vote on the official U.S. Senate website, click here.
| David Counts confirmation vote (January 11, 2018) | |||||||||
|---|---|---|---|---|---|---|---|---|---|
| Party | Yea | Nay | No vote | ||||||
 Democratic |
46 | 0 | 2 | ||||||
 Republican |
48 | 0 | 2 | ||||||
 Independent |
2 | 0 | 0 | ||||||
| Total | 96 | 0 | 2 | ||||||
Senate Judiciary Committee hearing
Count had his hearing before the Senate Judiciary Committee on October 26, 2017. The committee voted to advance Count's nomination to the full Senate that same day.[1]
Nomination
Count was nominated to replace Judge Robert Junell, who assumed senior status in 2015.
The American Bar Association unanimously rated Count well qualified for the position.[5] To read more about ABA ratings, click here.
United States District Court for the Western District of Texas (2016)
- See also: Federal judges nominated by Barack Obama
President Obama nominated Counts to the United States District Court for the Western District of Texas on March 15, 2016, to serve as an Article III federal judge. Obama stated, regarding Counts and five other nominees, "Throughout their careers, these nominees have displayed unwavering commitment to justice and integrity ... Their records are distinguished and impressive, and I am confident that they will serve the American people well from the United States District Court bench. I am honored to nominate them today."[2]
The American Bar Association rated Counts Unanimously Well Qualified for the nomination.[6]
Hearings on Counts' nomination were held before the United States Senate Committee on the Judiciary on September 7, 2016.[7]
On January 3, 2017, Counts' nomination was returned to President Obama at the sine die adjournment of the 114th United States Congress.[1]
Education
Counts earned his bachelor's degree from Texas Tech University in 1983 and his J.D. from St. Mary's School of Law in 1986.[8]
Professional career
- 2018-present: Judge, Western District of Texas
- 2009-2018: Magistrate judge, United States District Court for the Western District of Texas|Western District of Texas
- 1989 - Present: Texas National Guard
- 2007 - Present: Colonel
- 2006 - Present: State judge advocate
- 1989-2006: Judge advocate
- 1995-2009: Assistant U.S. attorney for the Western District of Texas
- 1991-1995: Assistant district attorney, Travis County District Attorney
- 1990-1991: Private practice
- 1987-1990: Assistant district attorney, Travis County District Attorney
- 1986-1987: Associate, Martin, Cox, Greenberg, & Jones (Austin, Texas)[2]
Noteworthy events
Federal judges sign letter regarding hiring Columbia University students (2024)
On May 6, 2024, Counts and 12 other federal judges signed a letter to Columbia University saying they would not hire undergraduates or law students from the university, beginning with the entering class of 2024.[9]
In the letter, the judges said, "As judges who hire law clerks every year to serve in the federal judiciary, we have lost confidence in Columbia as an institution of higher education."[10]
They signed the letter in the context of student demonstrations at Columbia University over the Israel-Hamas War. The students who participated in the demonstrations demanded that the university divest all of its finances from "companies and institutions that profit from Israeli apartheid, genocide and occupation in Palestine."[11]
The judges said they believed the university should institute consequences for faculty and students who participated in the demonstrations. They also called on the university to practice "neutrality and nondiscrimination in the protection of freedom of speech" and "viewpoint diversity on the faculty and across the administration."[10]
The Washington Post reported that Dean of Columbia Law School Gillian Lester said in a statement that graduates are "consistently sought out by leading employers in the private and public sectors, including the judiciary." Lester did not directly address the letter.[9]
About the court
| Western District of Texas |
|---|
| Fifth Circuit |
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| Judgeships |
| Posts: 13 |
| Judges: 11 |
| Vacancies: 2 |
| Judges |
| Chief: Alia Moses |
| Active judges: Alan Albright, Samuel Biery, Kathleen Cardone, David Counts, Orlando Garcia, Ernesto Gonzalez, Alia Moses, Robert Pitman, Jason Pulliam, Xavier Rodriguez, Leon Schydlower Senior judges: |
The United States District Court For the Western District Of Texas is a United States district court with jurisdiction over the counties in the western part of the State of Texas. This district covers over 92,000 square miles and seven divisions. It is one of 94 United States district courts. When decisions of the court are appealed, they are appealed to the United States Court of Appeals for the Fifth Circuit based in downtown New Orleans at the John Minor Wisdom Federal Courthouse.
The Western District of Texas has original jurisdiction over cases filed within its jurisdiction. These cases can include civil and criminal matters that fall under federal law.
There are seven court divisions, each covering the following counties:
The Austin Division, covering Bastrop, Blanco, Burleson, Burnet, Caldwell, Gillespie, Hays, Kimble, Lampasas, Lee, Llano, Mason, McCulloch, San Saba, Travis, Washington, and Williamson counties;
The Del Rio Division, covering Edwards, Kinney, Maverick, Terrell, Uvalde, Val Verde, and Zavala counties;
The El Paso Division, covering El Paso and Hudspeth counties;
The Midland Division, covering Andrews, Crane, Ector, Martin, Midland, and Upton counties;
The Pecos Division, covering Brewster, Culberson, Jeff Davis, Loving, Pecos, Presidio, Reeves, Ward, and Winkler counties;
The San Antonio Division, covering Atascosa, Bandera, Bexar, Comal, Dimmit, Frio, Gonzales, Guadalupe, Karnes, Kendall, Kerr, Medina, Real, and Wilson counties; and
The Waco Division, covering Bell, Bosque, Coryell, Falls, Freestone, Hamilton, Hill, Leon, Limestone, McLennan, Milam, Robertson, and Somervell 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
- United States District Court for the Western District of Texas
- United States Court of Appeals for the 5th Circuit
External links
- Search Google News for this topic
- Biography from the Federal Judicial Center
- U.S. District Court for the Western District of Texas
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 United States Congress, "PN 1115 — Walter David Counts III — The Judiciary," accessed October 26, 2017
- ↑ 2.0 2.1 2.2 The White House, "President Obama nominates six to serve on the United States District Courts," March 15, 2016
- ↑ United States Congress, "PN 1226 — Walter David Counts III — The Judiciary," accessed January 3, 2017
- ↑ Federal Judicial Center "Counts, Walter David, III," accessed April 23, 2020
- ↑ American Bar Association, "Ratings of Article III and Article IV judicial nominees," accessed April 22, 2020
- ↑ American Bar Association, "Ratings of Article III Judicial Nominees: 114th Congress," accessed April 19, 2016
- ↑ U.S. Senate Committee on the Judiciary, "Nominations," September 7, 2016
- ↑ Cite error: Invalid
<ref>tag; no text was provided for refs namednom - ↑ 9.0 9.1 The Washington Post, "Conservative judges say they will boycott Columbia University students," May 7, 2024
- ↑ 10.0 10.1 The Washington Post, "Letter to Columbia University," May 6, 2024
- ↑ Columbia University Apartheid Divest, "Demands," accessed May 14, 2024
| Political offices | ||
|---|---|---|
| Preceded by - |
United States District Court for the Western District of Texas 2018-Present |
Succeeded by - |
| Preceded by - |
United States District Court for the Western District of Texas 2009-2018 |
Succeeded by - |
| |||
|---|---|---|---|
| Active judges |
Chief Judge: Alia Moses • Samuel Biery • Xavier Rodriguez • Kathleen Cardone • Orlando Garcia • Jason Pulliam • David Counts • Robert Pitman • Leon Schydlower • Alan Albright • Ernesto Gonzalez (Texas) | ||
| Senior judges |
David Briones • Frank Montalvo • Robert Junell • David Alan Ezra • James Nowlin • David Guaderrama • | ||
| Magistrate judges | Victor Garcia • Jeff Manske • Collis White • Robert Castaneda • Anne Teresa Berton • Mark Lane (Texas) • Miguel Torres (Texas) • Henry J. Bemporad • Elizabeth Chestney • David Fannin • Dustin Howell • Richard Farrer • Ronald C. Griffin • Susan Hightower (Texas) • | ||
| Former Article III judges |
Thomas Howard DuVal • Ezekiel Turner • Edward Prado • Emilio Garza • Thomas Sheldon Maxey • William Robert Smith • Walter Smith Jr. • Harry Hudspeth • Sam Sparks • Earl Yeakel • Philip Martinez • William Furgeson • DuVal West • Charles Albert Boynton • Robert Johnston McMillan • William Steele Sessions • Lucius Bunton • Hipolito Garcia • Ernest Guinn • Walter Keeling • Ben Rice • Jack Roberts (Texas) • Clyde Shannon • Adrian Spears (Texas district court judge) • Dorwin Suttle • Robert Thomason • William Thornberry • John Wood (Texas) • | ||
| Former Chief judges |
Walter Smith Jr. • Harry Hudspeth • William Steele Sessions • Lucius Bunton • James Nowlin • Ben Rice • Jack Roberts (Texas) • Adrian Spears (Texas district court judge) • | ||
Federal courts:
Fifth Circuit Court of Appeals • U.S. District Court: Eastern District of Texas, Western District of Texas, Northern District of Texas, Southern District of Texas • U.S. Bankruptcy Court: Eastern District of Texas, Western District of Texas, Northern District of Texas, Southern District of Texas
State courts:
Texas Supreme Court • Texas Court of Appeals • Texas Court of Criminal Appeals • Texas District Courts • Texas County Courts • Texas County Courts at Law • Texas Statutory Probate Courts • Texas Justice of the Peace Courts
State resources:
Courts in Texas • Texas judicial elections • Judicial selection in Texas
