Federal Courts, Empty Benches: The Wednesday Vacancy Count 1/8/2014

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

January 8, 2014

By Courtney Collins

This week's Federal Courts, Empty Benches: The Wednesday Vacancy Count includes nominations, confirmations and vacancies from December 18, 2013 to January 7, 2014. Nominations, confirmations and vacancies occurring on January 8th will be reflected in the January 15th report.

The vacancy warning level remained at yellow this week after five new vacancies and no new confirmations. The vacancy percentage rose to 10.8%. Prior to the end of 2013, President Barack Obama nominated 10 new candidates. On January 3, 2014, those 10 new nominees and 45 nominees still waiting for confirmation were returned. There was one nominee, Robert Leon Wilkins, who was held over, which means he does not have to be renominated. On January 6th, President Barack Obama renominated all but one of his previous nominees. This raised the total number of nominees waiting for confirmation to 55. The number of vacancies of Article III judges rose to 93 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	9.5% or 17 vacancies
District Courts	677	11.2% or 76 vacancies
All Judges	865	10.8% or 93 vacancies

New confirmations

Middle District of Florida

Brian J. Davis

On December 20, 2013, Brian J. Davis was confirmed by the U.S. Senate to a seat on the United States District Court for the Middle District of Florida on a vote of 68-26. Davis was confirmed 660 days after his first nomination in February of 2012. Democratic Senator Bill Nelson: “ I just want to thank the Senate in advance for giving this good man, this excellent jurist, the opportunity to serve in a greater capacity... This is a great Christmas present for me, but it's nothing like the Christmas present it will be for Judge Brian Davis and his family. ” Davis' confirmation to the United States District Court for the Middle District of Florida removes one of the two vacancies on the court. The vacancy warning level fell from yellow to blue.

New vacancies

Fifth Circuit

Carolyn King

Carolyn King assumed senior status December 31, 2013, after 34 years on the bench. King was nominated by President Jimmy Carter in 1979. In 2006, she won the Edward J. Devitt Distinguished Service to Justice Award. The transition creates the third vacancy on the United States Court of Appeals for the 5th Circuit. The vacancy warning level remains at yellow.

Middle District of Louisiana

James J. Brady

On December 31, 2013, James J. Brady assumed senior status after 13 years on the bench. Brady was nominated by President Bill Clinton in 2000. In a 2013 ruling, he ruled that Ann Williams, owner of Ann's Tax Service, was permanently prohibited from preparing federal taxes. The government estimated that $2.2 million dollars was lost from taxes prepared by Williams. Brady's transition creates the only vacancy on the United States District Court for the Middle District of Louisiana. The vacancy warning level rose from green to orange.

Northern District of Illinois

James Holderman

James Holderman assumed senior status on December 31, 2013, after 28 years on the bench. Holderman was nominated by President Ronald Reagan in 1985. Holderman is known for presiding over parts of the Rod Blagojevich trials. Holderman allowed the release of incriminating recordings of Governor Blagojevich. His transition creates a second vacancy on the United States District Court for the Northern District of Illinois. The vacancy warning level remaines at blue.

District of Utah

Dee Benson

On January 1, 2014, Dee Benson assumed senior status. Benson was nominated by President George H.W. Bush in 1991. In 2011, Benson ruled in a case involving the Fundamentalist Church of Jesus Christ of Latter-Day Saints(FLDS) and their multi-million dollar trust. Benson's ruling to give control back to the FLDS from the State of Utah was circumvented by the Third Circuit. This led Benson to call the presiding judge, Denise Lindberg, in for an explanation. When Lindberg declined, Benson threatened to have U.S. Marshals force her to appear. The transition creates the only vacancy on United States District Court for the District of Utah. The vacancy warning level rose from green to yellow.

Western District of Missouri

Fernando Gaitan

Fernando Gaitan assumed senior status on January 3, 2014, after 22 years. Gaitan was nominated by President George H.W. Bush in 1991. His transition created the second vacancy on the United States District Court for the Western District of Missouri. The vacancy warning level rose from yellow to orange.

Renominations

On January 6, 2014, President Barack Obama renominated 54 past nominees, whose nominations were returned on January 3, 2014. There was one candidate who was not renominated, William Thomas. Thomas would have been the first black, openly gay federal judge. His confirmation process was blocked by Senator Marco Rubio, who refused to turn in his blue slip. The list of candidates who were renominated is:

• Jill Pryor
• Carolyn B. McHugh
• Michelle T. Friedland
• Nancy Moritz
• John B. Owens
• David Barron
• Robin Rosenbaum
• Julie Carnes
• Gregg Costa
• Rosemary Marquez
• Pamela L. Reeves
• Timothy Brooks
• Jeffrey Meyer
• James Donato
• Beth Labson Freeman
• Jennifer May-Parker
• Pedro A. Delgado Hernández
• Bruce Hendricks
• Alison Renee Lee
• Vince Girdhari Chhabria
• Matthew Frederick Leitman
• Judith Ellen Levy
• Laurie Michelson
• James Moody (Arkansas)
• Linda V. Parker
• Christopher Reid Cooper
• Daniel D. Crabtree
• M. Douglas Harpool
• Sheryl H. Lipman
• Gerald Austin McHugh, Jr
• Edward G. Smith
• Cynthia A. Bashant
• Stanley Bastian
• Diane J. Humetewa
• Jon Levy
• Steven Logan
• Douglas Rayes
• Manish Shah
• John Tuchi
• Mark G. Mastroianni
• Indira Talwani
• Theodore Chuang
• George Jarrod Hazel
• James D. Peterson
• Nancy J. Rosenstengel
• Ronnie L. White
• Michael P. Boggs
• Tanya S. Chutkan
• Mark Howard Cohen
• Hannah Lauck
• Leigh Martin May
• Eleanor L. Ross
• Leo Sorokin
• James A. Soto

New nominations

Fifth Circuit

Gregg Costa

On December 19, 2013, President Barack Obama nominated Gregg Costa to be elevated to the United States Court of Appeals for the 5th Circuit. Costa is currently a federal judge for the United States District Court for the Southern District of Texas. He earned his B.A. from Dartmouth College in 1994 and his J.D. from the University of Texas in 1999. Costa was rated Unanimously Well Qualified by the American Bar Association. The United States Court of Appeals for the 5th Circuit currently has two vacancies, and the warning level is set at yellow.

Eleventh Circuit

Julie Carnes

On December 19, 2013, Julie Carnes was nominated by President Barack Obama to fill a vacancy on the United States Court of Appeals for the 11th Circuit. The vacancy was created when James L. Edmondson took senior status in 2012. Carnes is currently the chief judge for the United States District Court for the Northern District of Georgia, a position she has served in since 2009. Carnes earned her B.A. and J.D. from the University of Georgia in 1972 and 1975, respectively. She was rated Unanimously Well Qualified for the position by the American Bar Association. There are currently four vacancies on the United States Court of Appeals for the 11th Circuit, and the vacancy warning level is currently set at orange.

On the circuit nominations

On the December 13, 2013 nominations of Gregg Costa and Julie Carnes:

“	Judges Carnes and Costa have displayed exceptional dedication to public service throughout their careers... I am honored to nominate them today to serve the American people on the United States Courts of Appeals. I am confident that they will be judicious and esteemed additions to the Eleventh and the Fifth Circuits.	”
—President Barack Obama,

District of Arizona

James A. Soto

Soto was nominated by President Barack Obama to fill a vacancy on the United States District Court for the District of Arizona on December 19, 2013. The vacancy was created by David Bury when he took senior status. Soto is currently a judge on the Santa Cruz County Superior Court in Arizona. He has been a superior court judge since 2001. Soto earned his B.S. and J.D. from Arizona State University in 1971 and 1975, respectively. Soto was rated Unanimously Qualified by the American Bar Association. The United States District Court for the District of Arizona currently has six vacancies out of its thirteen posts, and the vacancy warning level is set to red.

District of Massachusetts

Leo Sorokin

On December 19, 2013, Sorokin was nominated by President Barack Obama to fill a vacancy on the United States District Court for the District of Massachusetts. The vacancy was created when Joseph Tauro assumed senior status on September 26, 2013. Sorokin is currently a federal magistrate judge for the District of Massachusetts. Sorokin earned his B.A. from Yale in 1983 and his J.D. from Columbia Law School in 1991. He was rated Unanimously Well Qualified for the position by the American Bar Association. The United States District Court for the District of Massachusetts currently has three vacancies, and the vacancy warning level is currently set at yellow.

District of Columbia

Tanya S. Chutkan

President Barack Obama nominated Tanya S. Chutkan to fill a vacancy on the United States District Court for the District of Columbia on December 19, 2013. Chutkan is currently a partner at the law firm of Boies, Schiller & Flexner LLP. She earned her B.A. from the George Washington University in 1983 and her J.D. from the University of Pennsylvania School of Law in 1987. The American Bar Association rated Chutkan Unanimously Qualified for the position. The United States District Court for the District of Columbia currently has two vacancies, and the warning level is set at yellow.

Northern District of Georgia

Mark Howard Cohen

On December 19, 2013, Mark Howard Cohen was nominated by President Barack Obama to fill a vacancy on the United States District Court for the Northern District of Georgia. The vacancy was created when Clarence Cooper took senior status in 2009. Cohen is currently a litigation partner at Troutman Sanders LLP. He earned his B.A. and J.D. from Emory University in 1976 and 1979, respectively. The American Bar Association rated Cohen Majority Qualified, Minority Well Qualified for the position. The United States District Court for the Northern District of Georgia currently has three vacancies and a warning level of orange.

Michael P. Boggs

President Barack Obama nominated Michael P. Boggs to fill a vacancy on the United States District Court for the Northern District of Georgia. The vacancy will be created if Julie Carnes is elevated to the United States Court of Appeals for the 11th Circuit. Boggs is currently a judge on the Georgia Court of Appeals. He earned his from B.A. Georgia Southern College in 1985 and his J.D. from Mercer University in 1990. The American Bar Association rated Boggs Substantial Majority Well Qualified, Minority Qualified. The United States District Court for the Northern District of Georgia currently has three vacancies and a warning level of orange.

Eleanor L. Ross

Eleanor L. Ross was nominated by President Barack Obama to a fill a vacancy on the United States District Court for the Northern District of Georgia on December 19, 2013. The vacancy was created when Charles Pannell took senior status. Ross is currently a judge of the DeKalb County State Court. Ross earned her B.A. from the American University in 1989 and her J.D. from the University of Houston in 1994. Ross was rated Majority Qualified, Minority Not Qualified by the American Bar Association. The United States District Court for the Northern District of Georgia currently has three vacancies, and a warning level of orange.

Leigh Martin May

On December 19, 2013, President Barack Obama nominated Leigh Martin May to fill a vacancy on the United States District Court for the Northern District of Georgia. The vacancy was created when Beverly Martin was elevated to the Eleventh Circuit Court of Appeals. May is currently a partner at Butler, Wooten & Fryhofer LLP. She earned her B.S. from the Georgia Institute of Technology, graduating with honors in 1993, and her J.D. from the University of Georgia School of Law, graduating magna cum laude in 1988. Ross was rated Unanimously Qualified by the American Bar Association. The United States District Court for the Northern District of Georgia currently has three vacancies and a warning level of orange.

On the district nominations

On the December 19, 2013 district court nominations:

“	I am honored to put forward these highly qualified candidates for the federal bench... They will be distinguished public servants and valuable additions to the United States District Courts.	”
—President Barack Obama,

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