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Federal Courts, Empty Benches: The Wednesday Vacancy Count 5/22/2013

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May 22, 2013

By Joshua Meyer-Gutbrod

For a District by District break down, see: Federal Court Vacancy Warning System
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The vacancy warning level for the U.S. Federal courts is currently set at Blue. There were three new confirmations this past week, leaving the final tally at 79 vacancies or approximately 9.1 percent 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 percent or no vacancies
Appeals Courts 8.9 percent or 16 vacancies
District Courts 9.3 percent or 63 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.

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New confirmations

Northern District of California

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On May 15, 2013, the United States Senate confirmed William Orrick III to an Article III post for the United States District Court for the Northern District of California with a vote of 56-41.[1][2] Orrick was originally nominated on June 12, 2012, by President Barack Obama to the seat vacated by Charles Breyer. At the time of nomination, he was the Deputy Assistant Attorney General in the Civil Division of the United States Department of Justice. He was rated Unanimously Well Qualified by the American Bar Association. He had a hearing before the Senate Judiciary Committee on July 11, 2012 and you can find his Committee Questionnaire available here, his Questions for the Record available here and his Renomination Questions for the Record available here.[3] The confirmation fills the one of three vacancies on the court of fifteen, leaving the vacancy warning level unchanged at Yellow.

Middle District of Florida

FederalVacancy Blue.png


On May 20, 2013, the United States Senate confirmed Sheri Chappell to an Article III post for the United States District Court for the Middle District of Florida with a vote of 90-0.[1][4] Chappell was originally nominated on June 25, 2012, by President Barack Obama to the seat vacated by Gregory Presnell. At the time of nomination, she was a federal magistrate judge of the United States District Court for the Middle District of Florida. Chappell was rated Unanimously Qualified by the American Bar Association. She had a hearing before the Senate Judiciary Committee on September 19, 2012 and you can find her Committee Questionnaire available here, her Questions for the Record available here and her Renomination Questions for the Record available here.[3] The confirmation fills the one of two vacancies on the court of fifteen, lowering the vacancy warning level from Yellow to Blue.

District of Oregon

FederalVacancy Blue.png


On May 20, 2013, the United States Senate confirmed Michael McShane to an Article III post for the United States District Court for the District of Oregon with a voice vote.[1][5] McShane was originally nominated on September 19, 2012, by President Barack Obama to the seat vacated by Michael Hogan. At the time of nomination, he was a judge on the Multnomah County Circuit Court in Oregon. McShane was rated Majority Qualified, Minority Well Qualified by the American Bar Association. He had a hearing before the Senate Judiciary Committee on February 13, 2013 and you can find his Committee Questionnaire available here and his Questions for the Record available here.[3] The confirmation fills the only vacancy on the court of six, lowering the vacancy warning level from Yellow to Green.

New vacancies

There were no new vacancies this past week.

New nominations

Tenth Circuit

On May 16, 2013, President Barack Obama nominated Carolyn B. McHugh to the United States Court of Appeals for the 10th Circuit to fill the vacancy left by Michael R. Murphy (Tenth Circuit).[6] McHugh is currently the Presiding Judge of the Utah Court of Appeals. She attended University of Utah, graduating magna cum laude with a B.A. in 1978 and her J.D. in 1982. She graduated from law school as Order of the Coif and served on the editorial board of the Utah Law Review. President Obama commented on the nomination, stating:

Judge Carolyn B. McHugh has displayed exceptional dedication to the legal profession through her work and I am honored to nominate her to serve the American people as a judge on the United States Court of Appeals. She will be a diligent, judicious and esteemed addition to the Tenth Circuit bench.[7][8]

If confirmed, the nomination would fill one of three vacancies on the court of twelve.

District Courts

On May 16, 2013, President Barack Obama nominated three to the United States District Court bench. Obama commented on the nomination, stating:

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.[9][8]

Northern District of Mississippi

President Obama nominated Debra M. Brown to the United States District Court for the Northern District of Mississippi to fill the vacancy left by Allen Pepper.[6] Brown is currently a shareholder at the law firm of Wise Carter Child & Caraway, P.A. She attended Mississippi State University, graduating with a B.A. in 1987. She went on to attend University of Mississippi School of Law, earning her J.D. in 1997.[9] If confirmed, the nomination would fill the only vacancy on the court of three.

Eastern District of Tennessee

President Obama nominated Pamela L. Reeves to the United States District Court for the Eastern District of Tennessee to fill the vacancy left by Thomas Phillips.[6] Reeves is currently a partner at the law firm of Reeves, Herbert & Anderson, P.A. She attended University of Tennessee, graduating with a B.A. in 1976 and a J.D. in 1979.[9] If confirmed, the nomination would fill the only vacancy on the court of five.

Western District of New York

President Obama nominated Elizabeth A. Wolford to the United States District Court for the Western District of New York to fill the vacancy left by Charles Siragusa.[6] Wolford is currently a partner at The Wolford Law Firm LLP in Rochester, New York. She earned her B.A. from Colgate University in 1989. She went on to earn her J.D. in 1992 from the University of Notre Dame Law School.[9] If confirmed, the nomination would fill the only vacancy on the court of four.

See also

Footnotes