Federal Courts, Empty Benches: The Wednesday Vacancy Count 2/15/2012

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February 15, 2012

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. This past week, a confirmation and a resignation have left the count unchanged. The final tally leaves 83 vacancies or approximately 9.6% of the total Article III posts currently unfilled. 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 9.5% or 17 vacancies
District Courts 9.7% or 66 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.

New confirmations

Southern District of California

FederalVacancy Blue.png


On February 9, 2012 the United States Senate confirmed Cathy Bencivengo to the United States District Court for the Southern District of California with a vote of 90-6.[1] Bencivengo was originally appointed by Barack Obama to the post on May 11, 2011 to fill the seat vacated by Jeffrey Miller. At the time of appointment, Bencivengo was a federal magistrate judge for the United States District Court for the Southern District of California. She was rated Unanimously Well Qualified by the American Bar Association. She had a hearing before the Senate Judiciary committee on September 7, 2011 and you can find her Committee Questionnaire available here and his Questions for the Record available here.[2] The confirmation fills one of two vacancies on the court, lowering the vacancy warning level from Yellow to Blue.

New vacancies

Southern District of New York

FederalVacancy yellow.png


On February 7, 2012 Richard Holwell resigned from his post on the United States District Court for the Southern District of New York after just 8 years serving on the bench. Holwell was originally appointed by George W. Bush after working in private practice since he graduated from law school. Holwell graduated from Villanova University with his bachelor's degree in 1967 and later graduated from Columbia University School of Law with his J.D. degree in 1970 and also studied at Cambridge University School of Criminology in 1971.[3] Holwell will be leaving his post for a new private practice firm with two Kasowitz Benson Torres & Friedman partners.[4] Holwell's resignation opens the sixth vacancy on the court of twenty eight, leaviong the vacancy warning level unchanged at Yellow.

New nominations

There were no new federal judicial nominations this past week.

See also

Footnotes