Federal Courts, Empty Benches: The Wednesday Vacancy Count 4/2/2014

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

April 2, 2014

By Courtney Collins

This week's Federal Courts, Empty Benches: The Wednesday Vacancy Count includes nominations, confirmations and vacancies from March 26, 2014 to April 1, 2014. Nominations, confirmations and vacancies occurring on April 2nd will be reflected in the April 9th report.

The vacancy warning level fell to blue this week after two new vacancies and five new confirmations. The vacancy percentage fell to 9.8%. There were no new nominations this week, which allowed the total number of nominees waiting for confirmation to fall to 48. The number of vacancies of Article III judges fell to 85 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	8.4% or 15 vacancies
District Courts	677	10.3% or 70 vacancies
All Judges	865	9.8% or 85 vacancies

New vacancies

Middle District of Florida

James S. Moody

James S. Moody assumed senior status on March 31, 2014. Moody joined the United States District Court for the Middle District of Florida in 2000 following a nomination from President Bill Clinton. Prior to joining the federal court Moody was a judge for the Florida 13th Circuit Court. In 2010, Moody was the presiding judge in a case where a Robert Ward was distributing software that allowed Dish Network subscribers to bypass security that limited access to content. Moody ruled that Ward was liable for $51 million in damages. Moody's transition to senior status creates a second vacancy on the United States District Court for the Middle District of Florida. The vacancy warning level rose from blue to yellow.

District of Massachusetts

Rya Zobel

On April 1, 2014, Rya Zobel assumed senior status after 35 years on the United States District Court for the District of Massachusetts. Zobel was nominated by President Jimmy Carterin 1979. Chief judge Patti Saris on Zobel's career: “ Judge Zobel is beloved as a trial judge because of her pragmatism, creativity, fairness, and sheer intelligence. Back in the days when only 13 judges of the federal bench nationwide were female, Judge Zobel was a role model for all young female litigators hoping someday to become federal judges. Her appointment has made a huge difference in the perception of equal justice in the courts. ” Zobel's transition creates a fourth vacancy on the United States District Court for the District of Massachusetts. The vacancy warning level rose from yellow to orange.

Western District of Kentucky

John Heyburn

John Heyburn assumed senior status on April 1, 2014 after 21 years on the bench. Heyburn was nominated by President George H.W. Bush in 1992. He served as the chief judge from 2001 to 2008. In 2014, Judge Heyburn ruled that same-sex couples that were legally married outside of Kentucky must have their marriages recognized by the state. Heyburn stated: “ It is clear that Kentucky's laws treat gay and lesbian persons differently in a way that demeans them. ” He has also served on different committees and commissions that were appointments by the Chief Justice of the Supreme Court of the United States. In 1994, he appointed by Chief Justice William Rehnquist to serve on the Budget Committee of the Judicial Conference of the United States and in 1997 to be the Chair of the Budget Committee, where he served until 2004. Chief Justice John Roberts appointed Heyburn to serve as the Chair of the Judicial Panel on Multidistrict Litigation. Heyburn's transition to senior status created a third vacancy on the United States District Court for the Western District of Kentucky. The vacancy warning level remained at red.

New confirmations

Ninth Circuit Court of Appeals

John B. Owens

On March 31, 2014, John B. Owens was confirmed by the Senate on a vote of 56-43. At the time of his confirmation to the United States Court of Appeals for the 9th Circuit, Owens was a partner at Munger, Tolles & Olson. He earned his undergraduate degree from the University of California-Berkeley in 1993 and his J.D. from Stanford Law in 1996. Owens fills a seat that was vacated by Stephen S. Trott in 2004. The confirmation removes one of the vacancies on the United States Court of Appeals for the 9th Circuit. The vacancy warning level remained at blue.

District of Columbia

Christopher Reid Cooper

Christopher Reid Cooper was confirmed to the United States District Court for the District of Columbia by the U.S. Senate on March 26, 2014 by a unanimous vote of 100-0. Cooper was a partner at the firm Covington & Burling LLP at the time of his confirmation. He earned his undergraduate degree from Yale in 1988 and his J.D. from Stanford in 1993. Coopers confirmation removed the vacancy on the United States District Court for the District of Columbia that was created when Royce Lamberth took senior status in 2013. The vacancy warning level remained at yellow.

Western District of Missouri

M. Douglas Harpool

On March 26, 2014, M. Douglas Harpool was confirmed by Senate on a vote of 93-5. Prior to joining the United States District Court for the Western District of Missouri, Harpool was a shareholder at the firm Baird, Lightner, Millsap & Harpool, PC from 2006 to 2014. Harpool earned his undergraduate degree and J.D. from the University of Missouri in 1977 and 1980, respectively. Harpool commented on his confirmation: “ I am humbled by the Senate's vote this afternoon confirming my nomination. I am excited about this opportunity to return to the privilege of public service. ” Harpool's confirmation filled a vacancy that was created on the United States District Court for the Western District of Missouri when Richard Dorr passed away in April of 2013. The vacancy warning level fell from orange to yellow.

Eastern District of Pennsylvania

Gerald Austin McHugh, Jr.

The U.S. Senate confirmed Gerald Austin McHugh, Jr on March 26, 2014 to the United States District Court for the Eastern District of Pennsylvania by a vote of 59-41. McHugh was a partner at the law firm of Raynes McCarty at the time of his confirmation. The law firm he left commented on his confirmation: “ We will sorely miss being able to walk down the hall and strategize with one of the best legal minds in the country. Any time you asked Jerry for help, he’d roll up his sleeves and jump in. Fortunately, we have had plenty of time to prepare for this transition and have a tremendous depth of talent here that will allow us to continue the quality of representation that Jerry provided to his clients. ” He earned his undergraduate degree from St. Joseph's University in 1976 and his J.D. from the University of Pennsylvania Law School in 1979. McHugh filled a vacancy on the United States District Court for the Eastern District of Pennsylvania that was created when Harvey Bartle took senior status in 2011. The vacancy warning level fell from orange to yellow.

Edward G. Smith

Edward G. Smith was confirmed to the United States District Court for the Eastern District of Pennsylvania on March 26, 2014 by the Senate on a vote of 69-31. Smith was a judge for the Northampton County Court of Common Pleas in Pennsylvania at the time of his confirmation. Smith earned his undergraduate degree from the Franklin & Marshall College in 1983 and his J.D. from Pennsylvania State University in 1986. The Senators from Pennsylvania: “ Sen. Casey and I have worked hard to select qualified jurists to fill vacancies on the bench in Pennsylvania. The approval of these two excellent candidates demonstrates the strength and effectiveness of our bipartisan system, which has led to the confirmation of 10 highly qualified men and women to the federal bench in Pennsylvania since I joined the Senate in 2011. ” —Senators Bob Casey, Jr. and Pat Toomey, Smith's confirmation fills a vacancy on the United States District Court for the Eastern District of Pennsylvania that was created when Berle Schiller assumed senior status in 2012. The vacancy warning level fell from orange to yellow.

New nominations

There were no new nominations this 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