Federal Courts, Empty Benches: The Wednesday Vacancy Count 5/21/2014

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

May 21, 2014

By Courtney Collins

This week's Federal Courts, Empty Benches: The Wednesday Vacancy Count includes nominations, confirmations and vacancies from May 14, 2014 to May 20, 2014. Nominations, confirmations and vacancies occurring on May 21st will be reflected in the May 28th report.

The vacancy warning level remained at blue this week after one new vacancy and seven new confirmations. The vacancy percentage fell to 7.9%. There was one new nomination this week, which allowed the total number of nominees waiting for confirmation to fall to 33. The number of vacancies of Article III judges fell to 68 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	6.1% or 11 vacancies
District Courts	677	8.4% or 57 vacancies
All Judges	865	7.9% or 68 vacancies

New vacancies

Southern District of Texas

Gregg Costa

On May 20, 2014, Gregg Costa was elevated to the United States Court of Appeals for the 5th Circuit. For more on Costa's confirmation see his section below. His elevation creates a fourth vacancy on the United States District Court for the Southern District of Texas. The vacancy warning level remained at yellow.

New confirmations

Fifth Circuit

Gregg Costa

The United States Senate confirmed Gregg Costa to the United States Court of Appeals for the 5th Circuit on May 20, 2014, by a vote of 97-0. Costa's confirmation elevates him from the Southern District of Texas, two years after joining the federal bench, to the Fifth Circuit Court of Appeals. Costa graduated from Dartmouth College with a B.A. and holds a J.D. from the University of Texas Law School. Costa's confirmation came 152 days after his nomination and fills a vacancy created when Fortunato Benavides assumed senior status in February of 2012. The confirmation removes one of the vacancies on the United States Court of Appeals for the 5th Circuit. The vacancy warning level remained at yellow.

District of Arizona

Senator John McCain spoke of the judges prior to their confirmation on the Senate floor.

Diane Humetewa

The United States Senate confirmed Diane Humetewa to the United States District Court for the District of Arizona on May 14, 2014, by a vote of 96-0. Humetewa leaves her position as a Professor at Arizona State University's Sandra Day O'Connor School of Law to become the first female Native American confirmed to the federal judiciary. Humetewa holds both her B.A. and J.D. from Arizona State University. Her confirmation was lauded by United States Senate Committee on Indian Affairs Chairman Jon Tester: “ Diane Humetewa is an inspiration to Native people, especially Native women across Indian country. This is an important appointment and long overdue. I’m pleased that the Senate came together in a bipartisan way to get this done. As the only Native American in active service on the federal bench, Diane provides much-needed expertise on the complexities of federal law and Indian sovereignty. ” The confirmation comes 237 days after her nomination and fills the vacancy created when Mary Murguia was elevated to the Ninth Circuit. Humetewa's confirmation, along with five others, removes all the vacancies on the United States District Court for the District of Arizona. The vacancy warning level fell from red to green.

John Tuchi

John Tuchi was confirmed by the Senate on May 14, 2014, to the United States District Court for the District of Arizona by a vote of 96-0. The confirmation moves Tuchi from a position as an Assistant United States Attorney for the District of Arizona to the federal court of the same district. His education includes a B.S. from West Virginia, a master's degree from the University of Arizona and his J.D. from Arizona State University. The confirmation comes 237 days after his nomination and fills a vacancy created by Roslyn Silver, who took senior status. Tuchi's confirmation, along with five others, removes all the vacancies on the United States District Court for the District of Arizona. The vacancy warning level fell from red to green.

Steven Logan

The United States Senate confirmed Steven Logan on May 14, 2014, to the United States District Court for the District of Arizona by a vote of 96-0. Logan's confirmation elevates him from his position as a federal magistrate judge to be a Article III judge for the same court. He graduated from the University of Louisville with his B.S. and from the University of Oklahoma College of Law with his J.D. He also holds an M.A. from National University. His confirmation comes 237 days after his nomination and fills a vacancy created when James Teilborg took senior status in January of 2013. Logan's confirmation, along with five others, removes all the vacancies on the United States District Court for the District of Arizona. The vacancy warning level fell from red to green.

Douglas Rayes

Douglas Rayes was confirmed by the United States Senate on May 15, 2014, to the United States District Court for the District of Arizona by a vote of 77-19. Rayes leaves a judgeship on the Maricopa County Superior Court to join the federal judiciary. His education includes B.S. and J.D. from Arizona State University. Logan's confirmation came 238 days after his nomination and fills a vacancy created by Frederick Martone, who took senior status in January of 2013. His confirmation, along with five others, removes all the vacancies on the United States District Court for the District of Arizona. The vacancy warning level fell from red to green.

James A. Soto

The United States Senate confirmed James A. Soto to the United States District Court for the District of Arizona on May 15, 2014, by a vote of 93-1. Soto leaves his position as the Presiding Judge for the Santa Cruz County Superior Court to join the federal judiciary. He earned both his B.S. and J.D. from Arizona State University. Soto's confirmation came 147 days after his nomination and removes the vacancy created by David Bury, who took senior status in December of 2012. His confirmation, along with five others, removes all the vacancies on the United States District Court for the District of Arizona. The vacancy warning level fell from red to green.

Rosemary Marquez

The United States Senate confirmed Rosemary Marquez to the United States District Court for the District of Arizona on May 15, 2014, by a vote of 81-15. Prior to her confirmation, Marquez was a sole practitioner. Her educational background includes a B.A. and J.D. from the University of Arizona. Marquez on her confirmation: “ It’s obviously a wonderful day for myself and my family; we’re very excited and relieved that the wait is over. I’m very grateful to Senator (John) McCain and Senator (Jeff) Flake for making this happen for myself and the other five nominees. ” Marquez's confirmation comes 1057 days after her nomination and fills a vacancy created when Frank Zapata assumed senior status in August of 2010. Her confirmation, along with five others, removes all the vacancies on the United States District Court for the District of Arizona. The vacancy warning level fell from red to green.

New nominations

District of Vermont

“	I am proud to nominate Justice Crawford to serve on the United States District Court bench. Justice Crawford has a long and distinguished record of service, and I am confident he will serve on the federal bench with distinction.	”
—President Barack Obama,

Geoffrey Crawford

President Barack Obama nominated Geoffrey Crawford to the United States District Court for the District of Vermont on May 19, 2014. He is nominated to fill a vacancy that will be created when William Sessions assumes senior status in June of 2014. Crawford is currently an Associate Justice of the Vermont Supreme Court, where he has served since 2013. Prior to his appointment to that court he served on the Vermont Superior Court from 2002 to 2013. After clerking for Judge Albert Coffrin he spent 21 years as an attorney for various law firms. Crawford earned his B.A. from Yale University, graduating cum laude in 1977 and his J.D. from Harvard Law, graduating cum laude in 1980. Senator Patrick Leahy on the nomination: “ The President sees in Justice Crawford what I, the members of the merit commission, and all Vermonters have come to know about him. He is a fine jurist in the finest Vermont tradition, and he is committed to the highest standards of public service. I look forward soon to bringing Justice Crawford before the Judiciary Committee for a confirmation hearing. ” The United States District Court for the District of Vermont currently has no vacancies and the vacancy warning level is set at green.

Weekly map

The weekly map is updated every week and posted here and on the Federal Court Vacancy Warning System analysis page.

See also

• United States federal courts
• Federal Court Vacancy Warning System
• Vacancy warning level

Footnotes