Federal Courts, Empty Benches: The Wednesday Vacancy Count 11/6/2013

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

November 6, 2013

By Courtney Collins

The vacancy warning level remains at yellow this week after three retirements and two confirmations. The vacancy percentage slipped slightly dropping to 10.6%. There were no new nominations this week, allowing the total number of nominees waiting for confirmation to fall to 48. The changes this week raised the number of vacancies of Article III judges to 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 vacancies

Eleventh Circuit Court of Appeals

Joel Dubina

After 27 years as an Eleventh Circuit Court of Appeals judge, Joel Dubina retired, taking senior status. Dubina served on two federal courts, starting his Article III career on the United States District Court for the Middle District of Alabama, which he was appointed to by President Ronald Reagan in 1986. He was elevated to the United States Court of Appeals for the 11th Circuit by President George H.W. Bush in 1990. In 2009, Dubina became the chief judge of the court, a position he held until his retirement. He won the American Inns of Court Professionalism Award for the 11th Circuit in 2013, an award given to a judge or lawyer "whose life and practice display sterling character and unquestioned integrity, coupled with ongoing dedication to the highest standards of the legal profession and the rule of law." Dubina's retirement creates a fourth vacancy on the United States Court of Appeals for the 11th Circuit which raises the vacancy level from Yellow to Orange.

Eastern District of Pennsylvania

Stewart Dalzell

Stewart Dalzell took senior status on October 31, 2013, after serving on the court for 22 years on the United States District Court for the Eastern District of Pennsylvania. Dalzell was nominated by President George H.W. Bush in 1991. Dalzell's retirement creates a sixth vacancy on the United States District Court for the Eastern District of Pennsylvania allowing the vacancy level to rise from Yellow to Orange.

Eastern District of Washington

Lonny Suko

On November 1, 2013, Lonny Suko took senior status after serving for 12 years on the bench. Suko was appointed by President George W. Bush in 2003 to the United States District Court for the Eastern District of Washington. Suko served as a federal magistrate judge from 1971 to 2003, prior to his nomination as an article III judge. Suko's retirement creates the second vacancy on the United States District Court for the Eastern District of Washington, raising the vacancy level from Yellow to Red.

New confirmations

Northern District of Mississippi

Debra M. Brown

Debra M. Brown was confirmed by the U.S. Senate on November 5, 2013 on a 90-0 vote. Her confirmation makes her the first African American female to sit on a Mississippi federal court. Brown was nominated by President Barack Obama on May 16, 2013 to fill a vacancy that was created upon the passing of Allen Pepper, who died on January 24, 2011. Prior to joining the court, Brown was a shareholder at the law firm of Wise Carter Child & Caraway. The Senators of Mississippi, Roger Wicker and Thad Cochran, applauded Brown's confirmation: “ I am confident Debra Brown will serve with distinction as a United States district court judge in Mississippi. Her personal background, educational accomplishments, and legal experience should serve her well as she assumes this important position... The Senate vote is recognition of her qualifications to serve as a member of the federal judiciary. ” —Thad Cochran “ I am thrilled and honored to be part of this historic moment for Mississippi... Ms. Brown is a proven trailblazer. Our country needs judges who have a record of professional excellence, integrity, and public service. I am confident her service will be good for our nation, our state, and especially good for the city of Greenville, where she will preside. Having a judge who is also an architect would be particularly serendipitous for Greenville, as the federal courthouse there is woefully inadequate and in desperate need of a new state-of-the-art courthouse. ” —Roger Wicker Brown's confirmation removes the only vacancy on the United States District Court for the Northern District of Mississippi and lowers the vacancy level from Orange to Green.

Southern District of New York

Gregory Howard Woods

On November 4, 2013, Gregory Howard Woods was confirmed by the U.S. Senate on a voice vote. Woods was nominated by President Barack Obama May 9, 2013 to a seat vacated by Barbara Jones, who took senior status. Woods was serving as General Council to the United States Department of Energy at the time of his appointment, a position he held had since 2012. Senator Chuck Schumer praised Woods' confirmation: “ Mr. Woods’s experience and successful legal career in both the public and private sectors make it clear that he will be an excellent judge... Our federal bench in America should resemble the people it serves and Mr. Woods embodies the three criteria that I look for in a federal judge: excellence, moderation and diversity. Today, I am pleased to announce the confirmation of Mr. Woods as judge for the Southern District Court of New York and I have every confidence that he will serve his jurisdiction well. ” Woods' confirmation removed the only vacancy on the United States District Court for the Southern District of New York, lowering the vacancy level from Blue to Green.

New nominations

There were no new nominations 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