Federal Courts, Empty Benches: The Wednesday Vacancy Count 1/22/2014

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

January 22, 2014

By Courtney Collins

This week's Federal Courts, Empty Benches: The Wednesday Vacancy Count includes nominations, confirmations and vacancies from January 15, 2014 to January 21, 2014. Nominations, confirmations and vacancies occurring on January 22nd will be reflected in the January 29th report.

The vacancy warning level remained at yellow this week after one new vacancy and no new confirmations. The vacancy percentage rose to 11.0%. There were four new nominations this week, which allowed the total number of nominees waiting for confirmation to rise to 58. The number of vacancies of Article III judges rose to 94 out of 865. A breakdown of the vacancies on each level can be found in the table below. For a more detailed look at the vacancies on the federal courts, see our Federal Court Vacancy Warning System.

Vacancies by court

Court	# of Seats	Vacancies
Supreme Court	9	0% or no vacancies
Appeals Courts	179	8.9% or 16 vacancies
District Courts	677	11.7% or 79 vacancies
All Judges	865	11.0% or 95 vacancies

New confirmations

There were no new confirmations this week.

New vacancies

District of Maryland

Roger Titus

On January 17, 2014, Roger Titus assumed senior status. Titus was nominated to the United States District Court for the District of Maryland by President George W. Bush in 2003. In 2009, Titus was the presiding judge in a case where a Chicago energy company was looking to expand their wind-farm in West Virginia. He ruled in favor of the Animal Welfare Institute, which successfully proved that the wind-farm could harm an endangered species of bat. It was the first ruling where wind-power was challenged by the Endangered Species Act. Titus' transition to senior status creates the second vacancy on the United States District Court for the District of Maryland. Theodore Chuang has been nominated to fill the vacancy. The vacancy caused the warning level to rise from blue to yellow.

New nominations

The President's remarks on the nominations

“	I am pleased to nominate these distinguished individuals to serve on the United States District Court bench. I am confident they will serve the American people with integrity and a steadfast commitment to justice.	”
—President Barack Obama,

Western District of Missouri

Stephen R. Bough

On January 16, 2014, President Barack Obama nominated Stephen R. Bough to fill a vacancy on the United States District Court for the Western District of Missouri. The vacancy was created when Fernando Gaitan took senior status on January 3, 2014. Bough is currently a partner at the Law Offices of Stephen R. Bough. He earned his B.A. at Missouri State in 1993 and his J.D. from University of Missouri-Kansas City School of Law in 1997. The American Bar Association rated Bough Substantial Majority Qualified, Minority Not Qualified for the position. The Western District of Missouri currently has two vacancies, and the warning level is set at orange.

District of Nevada

Richard Franklin Boulware II

Richard Franklin Boulware II was nominated to the United States District Court for the District of Nevada on January 16, 2014 by President Barack Obama. The vacancy was created when Phil Pro assumed senior status on December 31, 2011. Boulware is currently serving as a public defender at the Federal Public Defender's Office in Las Vegas. Boulware earned his A.B. from Harvard College in 1993 and his J.D. from Columbia Law School in 2002. He was rated Substantial Majority Qualified, Minority Not Qualified by the American Bar Association. On his nomination Senator Harry Reid said: “ This is terrific news for Nevada. Richard Boulware is the epitome of what a federal judge should be. He will bring to the bench stellar educational credentials and significant jury trial experience, having served many years as a federal public defender. A Nevada native, Boulware has been a leader in the community and actively involved in making Las Vegas a better place. I was proud to give Boulware my highest recommendation to President Obama, and I look forward to his swift confirmation. ” The United States District Court for the District of Nevada currently has one vacancy, and the warning level is set at yellow.

Eastern District of Washington

Salvador Mendoza, Jr.

Salvador Mendoza, Jr. was nominated by President Barack Obama on January 16, 2014 to fill a vacancy on the United States District Court for the Eastern District of Washington. The vacancy was created when Lonny Suko assumed senior status on November 1, 2013. Mendoza is currently a judge for the Benton/Franklin Superior Court in Washington, he was elected in 2013 after an appointment earlier in the year. Mendoza earned his B.A. from the University of Washington in 1994 and his J.D. from the University of California - Los Angeles School of Law in 1997. The American Bar Association rated Mendoza Substantial Majority Qualified, Minority Not Qualified. Reactions to his nomination: “ Judge Mendoza personifies the American dream, from work alongside his parents in fields throughout Eastern Washington to earning degrees from the University of Washington and UCLA. ” —Senator Maria Cantwell (D-WA), “ “I find him brilliant intellectually, measured and reasonable, qualities that make a good jurist . . . It is significant that while he comes from a criminal defense background, he enjoys broad support among prosecutors. ” —Judge Steven Gonzalez, Washington Supreme Court Justice, The Eastern District of Washington currently has two vacancies, and the warning level is at red.

Southern District of Illinois

Staci Michelle Yandle

On January 16, 2014, Staci Michelle Yandle was nominated by President Barack Obama to fill a vacancy on the United States District Court for the Southern District of Illinois. The vacancy was created when John Gilbert assumed senior status on March 15, 2014. Yandle earned her B.S. from the University of Illinois in 1983 and her J.D. from the Vanderbilt School of Law in 1987. She currently works as a sole practitioner in Southern Illinois, focusing on civil litigation in federal and state court. The American Bar Association rated Yandle Unanimously Qualified. Reactions to Yandle's nomination: “ Staci Yandle is an excellent candidate for the federal bench in Southern Illinois. She will bring a wealth of knowledge and litigation experience to the position. I am pleased that President Obama has nominated her today. I will be working with Senator Kirk to see her nomination approved by the Senate. ” —Senator Dick Durbin (D-IL), If confirmed, she would be the first African-American judge on the Southern District of Illinois and the first openly gay judge in the Seventh Circuit. The United States District Court for the Southern District of Illinois currently has one vacancy, and the warning level is set to yellow.

Weekly map

The weekly map is updated every week and posted here and on the vacancy warning level analysis page.

See also

• United States federal courts

Footnotes