Federal Courts, Empty Benches: The Wednesday Vacancy Count 5/7/2014

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

May 7, 2014

By Courtney Collins

This week's Federal Courts, Empty Benches: The Wednesday Vacancy Count includes nominations, confirmations and vacancies from April 30, 2014 to May 6, 2014. Nominations, confirmations and vacancies occurring on May 7th will be reflected in the May 14th report.

The vacancy warning level fell to blue this week after no new vacancies and nine new confirmations. The vacancy percentage fell to 8.9%. There was one new nomination this week, which allowed the total number of nominees waiting for confirmation to fall to 41. The number of vacancies of Article III judges fell to 77 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	7.3% or 13 vacancies
District Courts	677	9.5% or 64 vacancies
All Judges	865	8.9% or 77 vacancies

New vacancies

There were no new vacancies this week.

New confirmations

District of Maine

Jon D. Levy

The United States Senate confirmed Jon D. Levy to the United States District Court for the District of Maine on April 30, 2014 on a vote of 75-20. Levy vacates a position as an Associate Justice on the Maine Supreme Judicial Court, which he joined in 2002. He holds a B.S. from Syracuse University and his J.D. from the West Virginia University College of Law. On the confirmation: “ With today’s strong bipartisan vote, it’s clear the U.S. Senate shares my belief that Justice Levy’s sharp intellect, impartial judgment, and extensive legal experience, both in private practice and as a state judge, make him extremely well-qualified to join the federal bench. ” —Sen. Angus King (I-ME), Levy fills a vacancy created by George Singal who took senior status in July of 2013. Jon D. Levy's confirmation removed the only vacancy on the United States District Court for the District of Maine. The vacancy warning level fell from orange to green.

Southern District of California

Cynthia A. Bashant

On April 30, 2014, the United States Senate confirmed Cynthia A. Bashant on a vote of 94-0. Bashant vacates a seat on the Superior Court of San Diego County, California, a seat she held since 2000, to join the United States District Court for the Southern District of California. She earned her A.B. at Smith College and her J.D. from the University of California's Hastings College of the Law. She commented on her confirmation: “ I have loved my time on the state court bench but I am excited about the challenges in front of me. I hope I can live up to the trust President Obama, Senator Feinstein with her colleagues have placed in me with both the nomination and today's confirmation. ” —Cynthia A. Bashant, Bashant fills a vacancy created when Irma Gonzalez retired from the court in October of 2013. Cynthia A. Bashant's confirmation removes the only vacancy on the United States District Court for the Southern District of California. The vacancy warning level fell from blue to green.

District of Kansas

Daniel D. Crabtree

The United States Senate confirmed Daniel D. Crabtree to the United States District Court for the District of Kansas on April 30, 2014 by a vote of 94-0. Crabtree leaves a partnership at the law firm Stinson Morrison Hecker LLP after 12 years to join the federal judiciary. He earned his B.A. at Ottawa University and his J.D. from the University of Kansas School of Law. His confirmation fills a vacancy created by John Lungstrum who took senior status in November of 2010. Daniel D. Crabtree's confirmation removes one of the vacancies on the United States District Court for the District of Kansas. The vacancy warning level fell from orange to yellow.

Northern District of Illinois

Manish Shah

Manish Shah received confirmation to the United States District Court for the Northern District of Illinois on April 30, 2014, when the United States Senate voted 95-0. Shah vacates a position as the Assistant United States Attorney for the Northern District of Illinois to join the court of the same district. He earned his B.A. from Stanford University and his J.D. from the University of Chicago Law School. On the confirmation: “ He's the most experienced prosecutor we have, and I will continue to work with Senator Durbin to make sure we have highly-skilled candidates like Shah to help strengthen our courts and clean up Illinois. Manish Shah has served with distinction as an Assistant U.S. Attorney, and he will bring a wealth of knowledge and legal acumen to the federal bench in Northern Illinois. ” —Sen. Dick Durbin (D-IL), Shah fills a vacancy that was created when Joan Lefkow took senior status in September of 2012. Manish Shah's confirmation removes a vacancy on the United States District Court for the Northern District of Illinois. The vacancy warning level remains at blue.

Eastern District of Washington

Stanley Bastian

The United States Senate confirmed Stanley Bastian to the United States District Court for the Eastern District of Washington by a vote of 95-0. Bastian leaves the law firm of Jeffers, Danielson, Sonn & Aylward, P.S., which he joined in 1988. He earned his B.S. from the University of Oregon and his J.D. from the University of Washington School of Law. He fills a vacancy created when Edward Shea took senior status in June of 2012. Stanley Bastian's confirmation removes one of the vacancies on the United States District Court for the Eastern District of Washington. The vacancy warning level fell from red to yellow.

Western District of Tennessee

Sheryl H. Lipman

The United States Senate confirmed Sheryl H. Lipman to the United States District Court for the Western District of Tennessee on April 30, 2014 by a vote of 95-0. Lipman leaves a position as University Counsel at the University of Memphis to join the federal court. She holds a B.G.S. from the University of Michigan and her J.D. from the New York University School of Law. Lipman fills a vacancy created when Jon McCalla took senior status in 2013. The confirmation removes the only vacancy on the United States District Court for the Western District of Tennessee. The vacancy warning level fell from yellow to green.

District of Maryland

On the confirmation of George Jarrod Hazel and Theodore Chuang:

“	I applaud today's confirmation of George Hazel and Theodore Chuang to serve on the U.S. District Court of Maryland, and was proud to recommend them for the job. When I consider nominees for the federal bench, I have four criteria: absolute integrity, judicial competence and temperament; a commitment to core constitutional principles, and a history of civic engagement in Maryland. George Hazel and Theodore Chuang not only meet these standards, they exceed them. Maryland deserves to have highly qualified judges who will uphold the law to provide equal justice for all, and we have that in these two men.	”
—Sen. Barbara Mikulski (D-MD),

George Jarrod Hazel

The United States Senate confirmed George Jarrod Hazel to fill a vacancy on the United States District Court for the District of Maryland on a vote of 95-0. Hazel leaves the position of Chief Deputy States' Attorney to join the federal court, he served in the prior position from 2011. He graduated with his B.A. from Morehouse College and his J.D. from the Georgetown University Law Center. George Jarrod Hazel fills a vacancy created by Alexander Williams who took senior status in 2013. Hazel and Chuang's confirmations remove all the vacancies on the United States District Court for the District of Maryland. The vacancy warning level fell from orange to green.

Theodore Chuang

The United States Senate confirmed Theodore Chuang to the United States District Court for the District of Maryland on May 1, 2014 on a vote of 53-42. Prior to joining the court, Chuang was the Deputy General Counsel of the United States Department of Homeland Security from 2009. He earned his B.A. and J.D. from Harvard. His confirmation fills a vacancy created when Roger Titus took senior status in January of 2013. Chuang and Hazel's confirmations remove both of the vacancies on the United States District Court for the District of Maryland. The vacancy warning level fell from orange to green.

Tenth Circuit

Nancy Moritz

Nancy Moritz received confirmation to the United States Court of Appeals for the 10th Circuit on May 5, 2014, when the United States Senate voted 90-3. At the time of her confirmation Caplinger-Moritz was a Judge of the Kansas Supreme Court, a position she held from 2010. She earned her B.B.A. and J.D. from Washburn University. On her confirmation: “ Justice Moritz joins the Tenth U.S. Circuit Court well prepared as the result of a distinguished legal career both in private and public practice, with 10 years of experience as a judge, including more than three as a justice on the Kansas Supreme Court. In addition to her legal experience, Nancy was raised in the close-knit Kansas town of Tipton. I know the people of Tipton well, and I am confident Nancy’s service on the Tenth Circuit will be guided by the values we hold in Kansas, including empathy for others and respect for the rule of law. ” —Sen. Jerry Moran (R-KS), Caplinger-Moritz fills a vacancy created when Deanell Tacha took senior status in 2011. The confirmation removes the only vacancy on the United States Court of Appeals for the 10th Circuit. The vacancy warning level fell from blue to green.

New nominations

Eastern District of Wisconsin

Pamela Pepper

On May 1, 2014, President Barack Obama nominated Pamela Pepper to the United States District Court for the Eastern District of Wisconsin. Pepper is currently a federal bankruptcy judge for the United States bankruptcy court, Eastern District of Wisconsin, she joined the bankruptcy court in 2005. She earned her B.S. degree from Northwestern University and her J.D. from Cornell University Law School. President Barack Obama on the nomination: “ I am proud to nominate Judge Pepper to serve on the United States District Court bench. Judge Pepper has a long and distinguished record of service, and I am confident she will serve on the federal district court with distinction. ” She was nominated to fill a vacancy created when Charles Clevert took senior status in 2012. The United States District Court for the Eastern District of Wisconsin currently has one vacancy and the vacancy warning level is set at yellow.

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

Footnotes