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Federal Courts, Empty Benches: The Wednesday Vacancy Count 12/7/2011

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December 7, 2011

By Joshua Meyer-Gutbrod

For a District by District break down, see: Federal Court Vacancy Warning System
FederalVacancy Blue.png


The current vacancy warning level for the U.S. District courts is set at Blue and is unchanged from last week. There was one additional vacancy at the district court level and four additional confirmations. The final tally leaves 76 vacancies or approximately 8.8% of the total Article III posts currently unfilled. This represents the lowest number of vacancies since our study began. 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 8.4% or 15 vacancies
District Courts00ccff 9% or 61 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.

Monthly map

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New confirmations

The United States Senate confirmed 4 appointments on December 5, 2011.[1]

District of Montana

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Dana Christensen was confirmed to the United States District Court for the District of Montana with a senate voice vote.[1] At the time of appointment, Christensen was a partner in the firm Christensen, Moore, Cockrell, Cummings, & Axelberg, P.C.. He was unanimously rated "Well Qualified" by the ABA. He had a hearing before the Senate Judiciary Committee on September 7, 2011 and you can find his Committee Questionnaire available here and his Questions for the Record available here.[2] Christensen received a bachelor's from Stanford University in 1973 and a J.D. from the University of Montana School of Law in 1976.[3] His confirmation fills the only vacancy on the court, lowering the vacancy warning level from Orange to Green.

Eastern District of Texas

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James Gilstrap was confirmed to the United States District Court for the Eastern District of Texas with a senate voice vote.[1] At the time of appointment, Gilstrap was a lawyer in the firm Smith & Gilstrap in Marshall, Texas. He was unanimously rated "Qualified" by the American Bar Association. He had a hearing before the Senate Judiciary committee on July 28, 2011 and you can find his Committee Questionnaire available here and his Questions for the Record available here.[2] Gilstrap received a bachelor's and J.D. from Baylor University in 1978 and 1981 respectivly.[4] His confirmation fills the one of two vacancies on the court of eight, leaving the vacancy warning level at Yellow.

Southern District of New York

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Andrew L. Carter, Jr. was confirmed to the United States District Court for the Southern District of New York with a senate voice vote.[1] At the time of appointment, Carter was a federal magistrate judge for the United States District Court for the Eastern District of New York. He was unanimously rated "Qualified" by the American Bar Association. He had a hearing before the Senate Judiciary committee on July 28, 2011 and you can find his Committee Questionnaire available here and his Questions for the Record available here.[2] Carter received a bachelor's from the University of Texas in 1991 and his J.D. from Harvard Law in 1994.[5] His confirmation fills the one of six vacancies on the court of twenty-three, leaving the vacancy warning level at Yellow.

Southern District of New York

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Edgardo Ramos was confirmed to the United States District Court for the Southern District of New York with a senate vote of 89-0.[1] At the time of appointment, Ramos was a private practice attorney in New York. He was unanimously rated "Well Qualified" by the American Bar Association. He had a hearing before the Senate Judiciary committee on July 28, 2011 and you can find his Committee Questionnaire available here and his Questions for the Record available here.[2] Ramos received a bachelor's from Yale College in 1982 and a J.D. from the Harvard Law in 1987.[6] His confirmation fills the one of five vacancies on the court of twenty-three, leaving the vacancy warning level at Yellow.

New vacancies

District of Nebraska

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On December 1, 2011 Richard Kopf assumed senior status after serving on the United States District Court for the District of Nebraska for 19 years. Kopf was originally appointed to his post on April 7, 1992 by George H.W. Bush and was serving as a federal magistrate judge at the time of appointment. He served as chief judge from 1999 - 2004.[7] Kopf is famous for his role as the Lead Counsel for the State of Nebraska in regard to the impeachment of Nebraska Attorney General Paul Douglas in 1984.[8] The vacancy creates the only vacancy on the court of three, raising the vacancy warning level from Green to Orange.

New nominations

On November 30, 2011 President Barack Obama submitted three nominations to the United States Senate to fill posts at the district court level. Obama commented on all of the nominations, stating, "Throughout their careers, these nominees have displayed unwavering commitment to justice and integrity. Their records of service to the public and the legal profession 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."[9]

District of Utah

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Obama nominated Robert Shelby to the United States District Court for the District of Utah to fill the vacancy left by Tena Campbell.[10] Shelby was unanimously rated "Qualified" by the American Bar Association. Shelby is currently a share holder in the firm Snow, Christensen & Martineau and has spent his entire career in private practice. He earned his B.A. in 1944 from Utah State University and went on to earn his J.D. four years later from the University of Virginia School of Law.[9]If confirmed, Shelby would fill the one of the two vacancies on the court of five. The current vacancy warning level of the court is set at Orange.

Southern District of Florida

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Obama nominated Robin Rosenbaum to the United States District Court for the Southern District of Florida to fill the vacancy left by Alan Gold.[10] Rosenbaum was unanimously rated "Well Qualified" by the American Bar Association. She currently serves as a magistrate judge for the Southern District of Florida and has been on the court since 2007. She has also held a position as an Assistant United States Attorney in the district. Rosenbaum earned her B.A. from Cornell University in 1988. She went on to attend the University of Miami School of Law, graduating magna cum laude in 1991 with a J.D..[9] If confirmed, Rosenbaum would fill the only vacancy on the court of eighteen. The current vacancy warning level of the court is set at Blue.

District of Massachusetts

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Obama nominated Timothy Hillman to the United States District Court for the District of Massachusetts to fill the vacancy left by Nancy Gertner.[10] Hillman was unanimously rated "Well Qualified" by the American Bar Association. He currently serves as a magistrate judge for the District of Massachusetts and has held the post since 2006. Prior to that he served on the Massachusetts Superior Courts and Massachusetts District Courts. Hillman earned a B.A. from Coe College in 1970 and went on to receive a J.D. from Suffolk University Law School three years later.[9] If confirmed, Hillman will fill one of the two vacancies on the court of thirteen. The courts current vacancy warning level is set at Yellow.

See also

Footnotes