Become part of the movement for unbiased, accessible election information. Donate today.
Federal Courts, Empty Benches: The Wednesday Vacancy Count 3/20/2013
March 20, 2013
- For a District by District break down, see: Federal Court Vacancy Warning System
The vacancy warning level for the U.S. Federal courts is currently set at Blue. There was one new vacancy this past week, leaving the final tally at 84 vacancies or approximately 9.7% 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 | 8.9% or 16 vacancies |
| District Courts | 10% or 68 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 two shared post between the two Missouri districts and the two Kentucky districts, which count as two posts with separate vacancies.
Weekly map
The new weekly map feature will be updated every week and posted here and on the vacancy warning level analysis page.
 |
New confirmations
There were no new confirmations this past week.
New vacancies
District of Montana
On March 18, 2013, Judge Richard Cebull assumed senior status for the United States District Court for the District of Montana after serving on the court for 11 years.[1] Cebull has served as the Chief Judge of the court from 2008 until his transition to senior status. He was originally nominated by George W. Bush on July 25, 2001. At the time of his appointment, he was a federal magistrate judge for the District of Montana. A Montana native, Cebull graduated from Montana State University with his bachelor's degree in 1966 and later graduated from the University of Montana Law School with his J.D. degree in 1969.[2] His transition to senior status comes on the heals of his decision to call for a probe on himself after he forwarded an arguably racist email aimed against President Barack Obama from his office email account. You can read more about the email and reaction at Cebull's page or from CNN, "Judge asks for probe after sending racist Obama e-mail" 3/2/2012. Cebull's transition to senior status creates the second vacancy on the court of three, raising the vacancy warning level from Orange to Red.
New nominations
All nominations for the past week were not Article III nominations and will thus not be included in the count.
Court of Federal Claims
On March 19, 2013, President Barack Obama nominated two to serve on the United States Court of Federal Claims. Obama commented on the nominations, stating:
| “ | These nominees have dedicated their careers to serving the public good. And in so doing, they have displayed an unyielding commitment to justice and integrity. I am confident that they will serve the American people well from the Court of Federal Claims, and I am honored to nominate them today.[3][4] | ” |
Patricia Campbell-Smith was nominated to fill the upcoming vacancy by Lawrence M. Baskir upon his retirement.[5] Campbell-Smith is currently a special master for the court, a position she has held since 2005. Starting in 2011, Campbell-Smith became Chief Special Master for the court. She attended Duke University, graduating with a B.S. with honors in 1987. She went on to attend Tulane Law School, earning her J.D. with honors in 1992.[3]
Elaine Kaplan was nominated to fill the upcoming vacancy of Christine Odell Cook Miller, whose term expires in 2013.[5] Kaplan currently serves as the General Counsel for the United States Office of Personnel Management. She attended the State University of New York at Binghamton earning her B.A. in 1976. She went on to earn her J.D., graduating cum laude in 1979 from Georgetown University Law Center.[3]
D.C. Superior Court
On March 19, 2013, President Barack Obama nominated two to serve on the Superior Court of the District of Columbia. Obama commented on the nominations, stating:
| “ | Throughout their careers, these nominees have displayed unwavering commitment to justice and integrity. Their records are distinguished and impressive and I am confident that they will serve the American people well from the bench of the Superior Court of the District of Columbia. I am honored to nominate them today.[6][4] | ” |
Michael Kenny O'Keefe was appointed to fill the vacancy of Joan Z. McAvoy upon her retirement.[5] O'Keefe is currently a sole practitioner in D.C.. O'Keefe attended the University of Notre Dame, earning his B.A. before earning his J.D. from American University’s Washington College of Law.[6]
Robert Okun was appointed to fill the vacancy left by Linda Kay Davis upon her retirement.[5] Okun is currently the Chief of the Special Proceedings Division of the U.S. Attorney's Office in D.C.. Okun attended the University of Pennsylvania, graduating cum laude with a B.A.. He went on the earn his J.D., graduating cum laude from Harvard Law School.[6]
Withdrawal
District of Nevada
On March 13, 2013, President Barack Obama withdrew the nomination of Elissa Cadish to the United States District Court for the District of Nevada at the request of the nominee.[7] Cadish's nomination was being held by Nevada Republican Senator Dean Heller over comments made by Cadish in 2008 that questioned gun ownership rights under the constitution. In withdrawing, Cadish stated:
| “ | By withdrawing my nomination, I am hopeful that there will be a speedy nomination and confirmation process for a new candidate in order to get that court up to its full complement of judges to the benefit of all citizens of Nevada.[8][4] | ” |
The District of Nevada currently has two vacancies for its seven posts, leaving the vacancy warning level at Orange.
Footnotes
- ↑ U.S. Courts Current Vacancies
- ↑ Judge Cebull Biography from the Federal Judicial Center
- ↑ 3.0 3.1 3.2 "President Obama Nominates Two to Serve on the U.S. Court of Federal Claims" 3/19/2013
- ↑ 4.0 4.1 4.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ 5.0 5.1 5.2 5.3 "Presidential Nominations Sent to the Senate" 3/19/2013
- ↑ 6.0 6.1 6.2 "President Obama Nominates Two to Serve on the Superior Court of the District of Columbia" 3/19/2013
- ↑ "Presidential Nominations and Withdrawal Sent to the Senate" 3/13/2013
- ↑ The Huffington Post, "Elissa Cadish Nomination For Federal Judge Withdrawn Amid Impasse," March 8, 2013
| |||||
