Federal Courts, Empty Benches: The Wednesday Vacancy Count 11/16/2011

November 16, 2011

By Joshua Meyer-Gutbrod

For a District by District break down, see: Federal Court Vacancy Warning System

The current vacancy warning level for the U.S. District courts is set at Blue and is unchanged from last week. There was two additional confirmation at the district level and one additional vacancy at the district level. The final tally leaves 78 vacancies or approximately 9% of the total Article III posts currently unfilled. This represents the lowest number of vacancies since our study has begun. The vacancy information for the various court levels is as follows:

Key:
(Percentage of seats vacant.)
0%	1%-9%
10%-24%	25%-40%
More than 40%

Supreme Court	0% or no vacancies
Appeals Courts	8.9% or 16 vacancies
District Courts	9.1% or 62 vacancies

There are currently 9 Supreme Court posts, 179 appellate court posts and 680 district court posts for a total of 868 Article III judges. This count includes four temporary posts, one each in the Northern District of Alabama, District of Arizona, Southern District of Florida and the Central District of California. This also includes a shared post between the two Missouri districts and counts it as two posts with separate vacancies. There are currently 53 pending appointments in the Senate leaving 35% of the vacant posts without an appointment. So far this year there have been 54 confirmations.

New confirmations

Northern District of California

On November 15, 2011 the United States Senate confirmed Yvonne Gonzalez Rogers to the United States District Court for the Northern District of California with a senate vote of 89-6. She was originally appointed on May 4, 2011 to fill the seat vacated by Vaughn Walker. At the time of the appointment she served as a judge on the Superior Court of Alameda County, California. She had a hearing before the Senate Judiciary committee on July 13, 2011 and you can find her Committee Questionnaire available here (dead link) and her Questions for the Record available here (dead link). The confirmation fills the only vacancy on the court of fourteen, lowering the vacancy warning level from Blue to Green.

District of Alaska

On November 15, 2011 the United States Senate also confirmed Sharon Gleason to a post for the United States District Court for the District of Alaska with a Senate vote of 87-8. She was originally appointed on April 6, 2011 to fill the seat vacated by John Sedwick. At the time of the appointment she served as a judge on the Alaska Third District. She had a hearing before the Senate Judiciary committee on July 13, 2011 and you can find her Committee Questionnaire available here and her Questions for the Record available here. The confirmation fills the only vacancy on the court of three, lowering the vacancy warning level from Orange to Green.

New vacancies

Western District of Kentucky

On November 15, 2011, Judge Thomas Russell transitioned to senior status for the United States District Court for the Western District of Kentucky after serving on the court for 17 years. Russell was appointed in 1994 by Bill Clinton. Originally from Paducah, KY, Russell attended Western Kentucky University for his bachelor's and the University of Louisville School of Law for his J.D.. The vacancy marks the first vacancy on the court, raising the vacancy warning level from Green to Yellow.

==New nominations==On November 10, 2011 President Barack Obama nominated five judges to federal courts including four to district court and one to the appellate courts. The President also withdrew one nomination at the request of the nominee.

Federal Circuit

Richard Gary Taranto was nominated to be a judge for the United States Court of Appeals for the Federal Circuit to fill the vacancy left by Paul Michel when he assumed retired on May 31, 2010. Taranto currently serves as a partner at the law firm of Farr & Taranto in Washington D.C.. Born in New York City., Taranto attended Pomona College for his B.A. and Yale Law for his J.D.. He has also served as the Assistant to the Solicitor General in the Office of the Solicitor General of the United States Department of Justice and taught courses at Harvard Law and the Georgetown University Law Center. President Obama commented on the nomination, stating, “Richard Taranto is a lawyer of exceptional legal ability and great personal and professional integrity. I am pleased and honored to nominate him to the U.S. Court of Appeals to the Federal Circuit, and I am confident that his intelligence, independence, judgment, and temperament will make him a welcome addition to that court.” If confirmed, he will fill the only vacancy on the court of 12. His nomination replaces the withdrawn nomination of Edward C. DuMont.

District Courts

Obama nominated four to the United States District Courts. Obama commented on the nominations, stating, "These individuals have demonstrated the talent, expertise, and fair-mindedness Americans expect and deserve from their judicial system. I am grateful for their willingness to serve and confident that they will apply the law with the utmost impartiality and integrity."

Southern District of California

Obama nominated Gonzalo P. Curiel to the United States District Court for the Southern District of California to fill the post vacated by Thomas Whelan on August 15, 2010. Curiel currently serves as a judge for the Superior Court of San Diego County, California. Prior to his judicial career, Curiel was an Assistant United States Attorney for 17 years. He earned both his bachelor's and judicial degrees from Indiana University. If confirmed, Curiel will fill one of the two vacancies on the court of thirteen.

Northern District of Illinois

Obama also nominated John Z. Lee to the United States District Court for the Northern District of Illinois to fill the post vacated by David Coar on August 12, 2009. Lee is a partner at the law firm Freeborn & Peters LLP. Lee has spent most of his career in private practice, with a brief stint with the Environmental and Natural Resources Division of the United States Department of Justice. He earned both his bachelor's and judicial degrees from Harvard. If confirmed, Lee will fill one of the three vacancies on the court of twenty-two.

District of Maryland

George L. Russell III was appointed to the United States District Court for the District of Maryland to fill the vacancy created on August 31, 2008 when Peter Messitte assumed senior status. Russell is a Judge on the Circuit Court of Maryland for Baltimore City. Russell has also served as an Assistant United States Attorney and within a private practice firm within the state. He earned both his bachelor's from Morehouse College and his judicial degrees from the University of Maryland. If confirmed, Russell will fill the only vacancy on the court of ten.

Northern District of Illinois

Obama also nominated John Tharp, Jr. to the United States District Court for the Northern District of Illinois to fill the seat vacated by Blanche Manning. Tharp is a partner on the firm Mayer Brown LLP in Chicago. Tharp has also served as an Assistant United States Attorney in the Northern District of Illinois. He earned both his bachelor's from Duke University and his judicial degrees from Northwestern University. If confirmed, Tharp will fill one of the three vacancies on the court of twenty-two.

Court of Military Commission Review

There were two non-article appointments to new positions made as well:

• William Pollard was nominated to be a Judge for the United States Court of Military Commission Review.
• Scott L. Silliman was nominated to be a Judge for the United States Court of Military Commission Review.

Withdrawl - Federal Circuit

Barack Obama also withdrew the appointment of Edward C. DuMont to the United States Court of Appeals for the Federal Circuit which was originally submitted on April 14, 2010. DuMont's withdrawal is the third withdrawal of the 112th congress and the second at the request of the nominee. DuMont, who would have been the first openly gay appellate judge, submitted a letter to Obama citing the inaction that "results from opposition on the part of one or more members of the [Senate Judiciary] Committee minority.” DuMont had waited almost 20 months for a hearing from the Senate Judiciary Committee.

See also

• United States federal courts