Federal Courts, Empty Benches: The Wednesday Vacancy Count 6/18/2014

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

June 18, 2014

By Courtney Collins

This week's Federal Courts, Empty Benches: The Wednesday Vacancy Count includes nominations, confirmations and vacancies from June 11, 2014 to June 17, 2014. Nominations, confirmations and vacancies occurring on June 18th will be reflected in the June 25th report.

In a whirlwind of activity, this week saw the nomination of five, the confirmation of three and one transition to senior status. The confirmations of the week saw three firsts: Staci Michelle Yandle became the first black federal judge of the Southern District of Illinois, Sal Mendoza, Jr. became the first Latino judge for the Eastern District of Washington, and Darrin P. Gayles became the nation's first openly gay black male federal judge. Four of the nominations were to the Eastern District of Pennsylvania and one was to the District of Connecticut.

The vacancy warning level remained at blue this week after one new vacancy and three new confirmations. The vacancy percentage fell to 7.3%. There were five new nominations this week, which allowed the total number of nominees waiting for confirmation to rise to 28. The number of vacancies of Article III judges fell to 60 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	5.6% or 10 vacancies
District Courts	677	7.4% or 50 vacancies
All Judges	865	6.9% or 60 vacancies

New vacancies

District of Vermont

William Sessions

William Sessions assumed senior status on June 15, 2014, after 18 years on the bench. Sessions was appointed to the United States District Court for the District of Vermont by President Bill Clinton by recommendation of Senator Patrick Leahy in 1995. One of Sessions' more notable cases involved Green Mountain Coffee Inc. and their suspected accounting fraud. Sessions found that the case against Green Mountain lacked facts that supported the plaintiffs' case. He dismissed the case with prejudice in 2013. Senator Patrick Leahy, chair of the Senate Judiciary Committee and friend of Sessions, had this to say: “ During his years of service on the Federal bench, Judge Sessions has worked tirelessly to ensure that all those who come before him are treated fairly and with dignity. He is a judge who takes seriously his commitment to both justice and the American people. He served for many years as a member of the Judicial Conference, composed of the leaders of the Federal judiciary. ” The full press release by Senator Leahy can be read here. Sessions' transition to senior status creates one vacancy on the United States District Court for the District of Vermont. Geoffrey Crawford is nominated to fill the vacancy and is currently awaiting a vote before the full Senate. One vacancy constitutes 50% of the seats on the District of Vermont, and the vacancy warning level rose from green to red.

New confirmations

Eastern District of Washington

Senator Patty Murray (D-WA) spoke of Sal Mendoza, Jr. prior to his confirmation.

Sal Mendoza, Jr.

The United States Senate confirmed Sal Mendoza, Jr. to the United States District Court for the Eastern District of Washington on June 17, 2014, by a vote of 92-4. Mendoza leaves his position as a judge for the Benton/Franklin Superior Court in Washington to join the federal bench. He has 12 years of state and local court experience as well as 15 years of experience as an attorney for various firms. He started his career as an Assistant Attorney General in Washington after graduating from UCLA School of Law in 1997. Mendoza's confirmation makes him the first Latino federal judge for the Eastern District of Washington. His confirmation came 152 days after his nomination and fills a vacancy created by Lonny Suko, who took senior status in November of 2013. The confirmation removes the only vacancy on the United States District Court for the Eastern District of Washington. The vacancy warning level fell from yellow to green.

Southern District of Florida

Darrin P. Gayles

Darrin P. Gayles received confirmation from the United States Senate on June 17, 2014, to the United States District Court for the Southern District of Florida by a vote of 98-0. Gayles becomes the first openly gay black male to serve on the federal bench. He leaves his position as a judge of the Florida 11th Circuit Court, a position he has held for 3 years. Gayles has 10 years of judicial experience, six years of experience as an attorney and three years working as a legal intern for the United States Department of Labor. Gayles earned his B.A. from Howard University and his J.D. from George Washington University Law School. Nadine Smith of Equality Florida on his confirmation: “ He is a dedicated professional. Whip smart. He’s everything you’d want in a judge in terms of experience and temperament. I’m glad we’ve reached a day when the fact that he’s gay and the fact that’s he’s black are not reason to hold him back. It’s a testament to his extraordinary qualifications and how far we've come as a society that racism and homophobia haven’t been used to try to hold him back. ” Gayles' confirmation came 131 days after his nomination and filled the vacancy created by Patricia Seitz, who took senior status in November of 2012. The confirmation removes one of four vacancies on the United States District Court for the Southern District of Florida. The vacancy warning level remains at yellow.

Southern District of Illinois

Senator Dick Durbin (D-IL) on Staci Michelle Yandle in the Senate.

Staci Michelle Yandle

The United States Senate confirmed Staci Michelle Yandle to the United States District Court for the Southern District of Illinois on June 17, 2014, on a vote of 52-44. Yandle leaves her position at the law firm of The Farrise Firm, P.C. to join the federal bench. Her experience includes 27 years working for various law firms. She earned her B.S. from the University of Illinois and her J.D. from Vanderbilt University School of Law. Yandle's confirmation comes 152 days after her nomination and fills a vacancy created by John Gilbert, who assumed senior status in March of 2014. Yandle becomes the first openly gay and black Article III judge of the Southern District of Illinois. The confirmation removes the only vacancy on the United States District Court for the Southern District of Illinois. The vacancy warning level fell from yellow to green.

New nominations

President Obama on the nominations:

“

I am honored to put forward these highly qualified candidates for the federal bench. They will be distinguished public servants and valuable additions to the United States District Courts.

”

District of Connecticut

Victor Allen Bolden

Victor Allen Bolden received a nomination to the United States District Court for the District of Connecticut from President Barack Obama on June 16, 2014. Bolden is currently the Corporation Counsel for the City of New Haven, Connecticut. His past experience includes working as counsel for the NAACP and as an attorney for the ACLU Foundation. He holds an A.B. from Columbia University and his J.D. from Harvard Law School. Congresswoman Rosa DeLauro (D-CT) on the nomination: “ Victor is a deep believer in the rule of law and would make a fine, impartial judge for all Connecticut residents. He has served the City of New Haven ably for the last five years and has a deep reservoir of both professional experience and civic involvement to draw on in his deliberations. Victor understands the impact the law has on people. I fully support his nomination and urge the Senate to swiftly take up his nomination and confirm this man who serves his community with great distinction. ” Bolden was nominated to fill the future vacancy of Janet Arterton who is set to take senior status in July of 2014. The United States District Court for the District of Connecticut currently has no vacancies and the vacancy warning level is set at green.

Eastern District of Pennsylvania

Senator Pat Toomey (R-PA) on the nominations:

“

I am happy that President Obama will nominate Wendy Beetlestone, Mark Kearney, and Jerry Pappert to be district court judges in the Eastern District of Pennsylvania. These nominees, who will all sit in Philadelphia, as well as Joseph Leeson, who will preside in Allentown, possess a wealth of legal experience based on their work in both the public and private sectors. I am confident that they will excel as federal judges, and I will continue working with Senator Casey to get these outstanding nominations confirmed by the Senate as soon as possible.

”

Wendy Beetlestone

President Barack Obama nominated Wendy Beetlestone to the United States District Court for the Eastern District of Pennsylvania on June 16, 2014. Beetlestone is a shareholder with the law firm of Hangley Aronchick Segal Pudlin & Schiller. Her experience includes 20 years as an attorney and law clerking for Robert Gawthrop of the Eastern District of Pennsylvania. She obtained a B.A. from Liverpool University and a J.D. from the University of Pennsylvania Law School. Senator Bob Casey, Jr. (D-PA) on the nomination: “ Wendy Beetlestone's experience as a litigator and expert on education law along with her prior service as a solicitor for the Philadelphia School District will prepare her well for her next role as a federal judge. ” Beetlestone was nominated to fill the vacancy created by Michael Baylson, who took senior status in July of 2012. The United States District Court for the Eastern District of Pennsylvania currently has five vacancies and the vacancy warning level is set at yellow.

Mark A. Kearney

President Barack Obama nominated Mark A. Kearney to the United States District Court for the Eastern District of Pennsylvania on June 16, 2014. Kearney is a shareholder at the law firm of Elliott Greenleaf & Siedzikowski P.C. He has 26 years of experience as an attorney and was a law clerk for Vice Chancellor Maurice A. Hartnett, III. He obtained a B.A. and J.D. from Villanova University. Senator Bob Casey, Jr. (D-PA) on the nomination: “ Mark Kearney has had a highly successful career as a trial attorney and as a managing shareholder of his law firm. He is an outstanding lawyer and an excellent candidate for federal judgeship. ” Kearney was nominated to fill the vacancy created by Curtis Joyner, who took senior status in May of 2013. The United States District Court for the Eastern District of Pennsylvania currently has five vacancies and the vacancy warning level is set at yellow.

Joseph F. Leeson, Jr.

Joseph F. Leeson, Jr. received a nomination from President Barack Obama on June 16, 2014, to the United States District Court for the Eastern District of Pennsylvania. Leeson has spent his entire career at the law firm of Leeson Leeson & Leeson, in Bethlehem, Pennsylvania. During this time he has also served as an arbitrator for the American Arbitration Association. He obtained a B.A., cum laude, from DeSales University and his J.D. from the Catholic University of America Columbus School of Law. Senator Bob Casey, Jr. (D-PA) on the nomination: “ In addition to having a highly respected career in the practice of law, Jay Leeson has also demonstrated an abiding commitment to public service. I am confident that he will continue to serve Pennsylvania and the nation with distinction. ” Leeson was nominated to fill the vacancy of Eduardo Robreno, who took senior status in September of 2013. The United States District Court for the Eastern District of Pennsylvania currently has five vacancies and the vacancy warning level is set at yellow.

Gerald J. Pappert

Gerald J. Pappert received a nomination from President Barack Obama to the United States District Court for the Eastern District of Pennsylvania on June 16, 2014. Pappert is currently a partner at the law firm of Cozen O'Conner. He served as the Attorney General for Pennsylvania from 2003 to 2005. Pappert's education includes a B.A., cum laude, from Villanova University and a J.D. from the University of Notre Dame. Senator Bob Casey, Jr. (D-PA) on the nomination: “ Jerry Pappert's legal career as a federal litigator and as a former Attorney General of Pennsylvania has made him an excellent candidate for the federal bench. ” Pappert's nomination will fill the vacancy created by Stewart Dalzell, who took senior status in October of 2013. The United States District Court for the Eastern District of Pennsylvania currently has five vacancies 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