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Federal Courts, Empty Benches: The Wednesday Vacancy Count 7/3/2013

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July 3, 2013

By Joshua Meyer-Gutbrod

For a District by District break down, see: Federal Court Vacancy Warning System
FederalVacancy Blue.png


The vacancy warning level for the U.S. Federal courts is currently set at Blue. There were five new vacancies and one new post created this past week, leaving the final tally at 82 vacancies or approximately 9.4% 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% or no vacancies
Appeals Courts 9.6% or 17 vacancies
District Courts 9.5% or 65 vacancies

There are currently 9 Supreme Court posts, 179 appellate court posts and 681 district court posts for a total of 869 Article III judges. This count includes four temporary posts, one each in the District of Columbia, 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

There were no new confirmations this past week.

New vacancies

Central District of Illinois

FederalVacancy yellow.png


On June 30, 2013, Judge Michael McCuskey assumed senior status for the United States District Court for the Central District of Illinois, where he had served for over 15 years.[1] McCuskey was originally nominated by Bill Clinton and joined the court on April 3, 1998. From 2004 until 2012 he served as Chief Judge. At the time of his nomination, he was a judge for the Illinois Third District Appellate Court. Born in Peoria, IL, McCuskey graduated from Illinois State University with a B.A. degree in 1970 and later from the Saint Louis U. School of Law with her Juris Doctor J.D. degree in 1975.[2] His transition to senior status creates the first vacancy on the court of four, lowering the vacancy warning level from Green to Yellow. Colin Stirling Bruce has been nominated to fill the vacancy.

Northern District of California

FederalVacancy yellow.png


On July 1, 2013, Judge Susan Illston assumed senior status for the United States District Court for the Northern District of California, where she had served for over 18 years.[3] Illston was originally nominated by Bill Clinton and joined the court on May 26, 1995. At the time of her nomination, she was a private practice attorney. Born in Japan, Illston graduated from Duke University with her bachelor's degree in 1970 and graduated from Stanford Law School with her J.D. degree in 1973.[4] Her transition to senior status creates the third vacancy on the court of fifteen, leaving the vacancy warning level unchanged at Yellow.

Eastern District of Missouri

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On July 1, 2013, Judge Jean Hamilton assumed senior status for the United States District Court for the Eastern District of Missouri, where she had served for over 12 years.[5] She served as chief judge of the court from 1995 until 2002. Hamilton was originally nominated by George H.W. Bush and joined the court on October 1, 1990. At the time of her nomination, she was a judge for the Missouri Court of Appeals. A native of Missouri, early in her life she announced that she was dropping out of kindergarten, but her mind was soon changed by mother, Rosemary Hamilton. Jean Hamilton graduated from Wellesley College with her bachelor's degree in 1968 and earned her juris doctorate degree from the Washington University School of Law in St. Louis in 1971 before later earning a Master of Laws degree from Yale Law School in 1982.[6] Her transition to senior status creates the first vacancy on the court of nine, lowering the vacancy warning level from Green to Yellow.

DC District

With Judge John Bates accepting the role as the leader of the Administrative Office of the U.S. Courts, a new temporary position is created on the United States District Court for the District of Columbia.[7] Bates will continue to serve as a full time Article III judge but law permits President Barack Obama to nominate a judge to a temporary post on the court. The next post to go vacant on the court would then go unfilled.[8]

Northern District of Texas

FederalVacancy yellow.png


On July 3, 2013, Judge Terry Means assumed senior status for the United States District Court for the Northern District of Texas, where he had served for over 12 years.[9] Means was originally nominated by George H.W. Bush and joined the court on November 5, 1991. At the time of his nomination, he was a judge for the Texas Tenth District Court of Appeals. Born in Roswell, New Mexico, Means graduated from Southern Methodist University in Dallas, Texas with his bachelor's degree in 1971 and Juris Doctor degree in 1974.[4] His transition to senior status creates the first vacancy on the court of twelve, lowering the vacancy warning level from Green to Blue.

New nominations

On June 26, 2013, President Barack Obama nominated three judges to the United States District Courts. Obama commented on the nominations, 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.[10][11]

District of Puerto Rico

President Obama nominated Pedro A. Delgado Hernández to the United States District Court for the District of Puerto Rico to fill the vacancy left by Daniel Dominguez.[12] Hernández is currently a partner at the law firm of O’Neill & Borges LLC. He earned his B.S. from the University of Puerto Rico, graduating in 1979. He went on to earn his J.D., graduating magna cum laude in 1983 from the University of Puerto Rico School of Law.[10]

District of South Carolina

President Obama nominated Bruce Hendricks to the United States District Court for the District of South Carolina to fill the vacancy left by Margaret Seymour.[12] Hendricks is currently a United States Magistrate Judge in the District of South Carolina. She earned her B.S. in 1983 from the College of Charleston and her J.D. in 1990 from the University of South Carolina School of Law.[10]


President Obama nominated Alison Renee Lee to the United States District Court for the District of South Carolina to fill the vacancy left by Cameron Currie.[12] Lee is currently a circuit judge in South Carolina’s Fifth Judicial Circuit. She attended Vassar College, earning her B.A. in 1979. She went on to attend Tulane Law School, earning her J.D. in 1982.[10]

See also

Footnotes