Federal Courts, Empty Benches: The Wednesday Vacancy Count 11/13/2013

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

November 13, 2013

By Courtney Collins

This week's Federal Courts, Empty Benches: The Wednesday Vacancy Count includes nominations, confirmations and vacancies from November 6, 2013 to November 12, 2013. Nominations, confirmations and vacancies occurring on November 13th will be reflected in the November 20th report.

The vacancy warning level remains at yellow this week after no retirements and no confirmations. The vacancy percentage remains at 10.6%. There were four new nominations this week, allowing the total number of nominees waiting for confirmation to rise to 52. The number of vacancies of Article III judges remains at 92 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.

Example tables

Court	# of Seats	Vacancies
Supreme Court	9	0% or no vacancies
Appeals Courts	179	10.1% or 18 vacancies
District Courts	677	10.9% or 74 vacancies
All Judges	865	10.6% or 92 vacancies

New nominations

Comments by President Barack Obama

On Robin Rosenbaum:

“	Judge Rosenbaum has a long and impressive record of service and a history of handing down fair and judicious decisions. She will be a thoughtful and distinguished addition to the 11th Circuit, and I am extremely pleased to put her forward.	”
—President Barack Obama,

On James D. Peterson, Nancy J. Rosenstengel and Ronnie L. White:

“	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	”
—President Barack Obama,

Eleventh Circuit Court of Appeals

Robin S. Rosenbaum

Robin S. Rosenbaum is currently a judge for the United States District Court for the Southern District of Florida. On November 7, 2013, President Barack Obama nominated Rosenbaum to be elevated to the Eleventh Circuit Court of Appeals. If confirmed, she would fill the seat vacated by Rosemary Barkett who resigned from the court to take a position at The Hague. She has served in the Eleventh Circuit since 2007, starting as a federal magistrate judge for the Southern District of Florida, and in 2012 was confirmed to a federal judge seat on the same court. Rosenbaum is the second nominee for one of the four vacancies on the United States Court of Appeals for the 11th Circuit. The vacancy level for the court is currently set to orange.

Western District of Wisconsin

James D. Peterson

James D. Peterson was nominated by President Barack Obama to fill a vacancy on the United States District Court for the Western District of Wisconsin. The vacancy was created when John C. Shabaz took senior status on January 20, 2009. Peterson is currently a shareholder at the law firm of Godfrey & Kahn, S.C. where he is the lead of the Intellectual Property Litigation Working Group. He earned his B.S., M.A. and Ph.D. from the University of Wisconsin-Madison and his J.D. from the University of Wisconsin School of Law. Senator Tammy Baldwin on Peterson's nomination: “ Mr. Peterson will make an outstanding federal judge, and his nomination marks an important step forward in filling a judgeship that has been vacant for nearly six years[sic]... Mr. Peterson’s experience and expertise make him an outstanding choice for the position. I am hopeful that the Senate will consider and confirm his nomination without undue delay. ” —Senator Tammy Baldwin, The Western District of Wisconsin currently has one vacancy out of its two posts. The warning level is currently set to red.

Southern District of Illinois

Nancy J. Rosenstengel

On November 7, 2013, President Barack Obama nominated Nancy J. Rosenstengel to a seat on the United States District Court for the Southern District of Illinois. The vacancy will be created on December 1, 2013 when Patrick G. Murphy retires from the court. Rosenstengel is currently the Clerk of the Court for the Southern District of Illinois. Rosenstengel also served as a law clerk for Patrick G. Murphy from 1998 to 2009. She earned her B.A. from the University of Illinois at Urbana-Champaign in 1990 and her J.D. from Southern Illinois University School of Law in 1993. Senator Dick Durbin on the nomination: “ Nancy Rosenstengel is an excellent candidate for a federal judgeship in Illinois... Throughout her legal career, she has gained a wealth of experience and knowledge which, once approved, will serve her well as the first female district court judge to serve in the Southern District of Illinois. I will work with my colleagues and Senator (Mark) Kirk to see that her nomination is swiftly confirmed by the Senate. ” —Senator Dick Durbin, The United States District Court for the Southern District of Illinois currently has no vacancies, and the warning level is set to green.

Eastern District of Missouri

Ronnie L. White

Ronnie L. White was nominated by President Barack Obama to a seat on the United States District Court for the Eastern District of Missouri. The vacancy was created when Jean C. Hamilton took senior status in July of 2013. This is the third time White has been nominated for the position, the previous two times were by President Bill Clinton. White's previous nominations were mired in politics. Then Senator John Ashcroft filibustered White's nomination on the grounds that he was "pro-criminal" based on his opinions on the death penalty. Supporters of White claimed the filibuster was racially driven. White is currently a partner at Holloran White Schwartz & Gaertner LLP and has served as a judge on both the Missouri Supreme Court and Missouri Court of Appeals. The Alliance for Justice's President commented on the nomination: “ Fourteen years ago, Missourians were deprived of an outstanding federal judge, when then-Sen. John Ashcroft, R-Mo., blocked President Clinton’s nomination of Ronnie White to be a judge of the United States District Court for the Eastern District of Missouri... Judge White had an outstanding record as the first African-American judge of the Missouri Supreme Court. But his nomination fell victim to the same kind of Republican obstruction that now has become routine. ” —Nan Aron, Alliance for Justice President, The United States District Court for the Eastern District of Missouri currently has one vacancy, and the warning level is set at yellow.

New vacancies

There were no new vacancies in the past week.

New confirmations

There were no new confirmations in the past week.

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