Federal Courts, Empty Benches: The Wednesday Vacancy Count 8/7/2013
August 7, 2013
- For a District by District break down, see: Federal Court Vacancy Warning System
The vacancy warning level for the U.S. Federal courts is currently set at Yellow. There was one new vacancy and one new confirmation this past week, leaving the final tally at 87 vacancies or approximately 10% 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 | 8.9% or 16 vacancies |
| District Courts | 10.4% or 71 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.
 |
New confirmations
Federal Circuit
On August 1, 2013, the United States Senate confirmed Raymond Chen to an Article III post for the United States Court of Appeals for the Federal Circuit with a vote of 97-0.[1][2] Chen was originally nominated on February 7, 2013, by President Barack Obama to the seat vacated by Richard Linn. At the time of nomination, he was the Deputy General Counsel for Intellectual Property Law and Solicitor for the United States Patent and Trademark Office (USPTO). Chen was rated Unanimously Well Qualified by the American Bar Association. He had a hearing before the Senate Judiciary Committee on April 24, 2013. You can find his Committee Questionnaire available here and his Questions for the Record available here (dead link).[3] The confirmation fills one of two vacancies on the court of twelve, lowering the vacancy warning level from Yellow to Blue.
New vacancies
Eastern District of Tennessee
On July 31, 2013, Judge Thomas W. Phillips assumed senior status for the United States District Court for the Eastern District of Tennessee, where he had served for over 11 years.[4] Phillips was originally nominated by George W. Bush and joined the court on November 15, 2002. At the time of his nomination, he was a private practice attorney in Tennessee and also served as a part-time County attorney for Scott County, Tennessee. A native of Tennessee, Phillips graduated from Berea College in 1965 and later graduated from Vanderbilt University Law School with his juris doctorate degree in 1969. Phillips later earned a Master of Laws degree from George Washington University Law School in 1973.[5] His transition to senior status creates the first vacancy on the court of five, raising the vacancy warning level from Green to Yellow.
New nominations
Appellate courts
On August 1, 2013, President Barack Obama nominated three individuals to be judges for the United States Courts of Appeal. Obama commented on the nominations, stating:
| “ | Michelle T. Friedland, Justice Nancy L. Moritz and John B. Owens will bring an unwavering commitment to fairness and judicial integrity to the federal bench. Their impressive legal careers are testaments to the kind of thoughtful and diligent judges they will be on the Ninth and Tenth Circuits. I am honored to nominate them today.[6][7] | ” |
Tenth Circuit
President Obama nominated Nancy Moritz to the United States Court of Appeals for the 10th Circuit to fill the vacancy left by Deanell Reece Tacha.[8] Moritz is currently a Justice of the Kansas Supreme Court. Born in Beloit, KS and raised in Tipton KS, Moritz attended Washburn University, earning her B.B.A. in 1982 and her J.D. in 1985.[6] If confirmed, Moritz would fill one of two vacancies on the court of twelve.
Ninth Circuit
President Obama nominated John B. Owens to the United States Court of Appeals for the 9th Circuit to fill the vacancy left by Stephen S. Trott.[8] Owens is currently a litigation partner in the Los Angeles office of Munger, Tolles & Olson LLP. Born in Washington, D.C., Owens earned his B.A., graduating from the University of California, Berkeley with high distinction in 1993. He went on to attend Stanford Law School, graduating first of his class in 1996.[6] If confirmed, Owens would fill one of two vacancies on the court of twenty-nine.
President Obama nominated Michelle T. Friedland to the United States Court of Appeals for the 9th Circuit to fill the vacancy left by Raymond Fisher.[8] Friedland is currently a litigation partner in the San Francisco office of Munger, Tolles & Olson LLP. Born in Berkeley, California, Friedland earned her undergraduate degree with honors in 1995 from Stanford University. She studied on a Fullbright Scholarship at Oxford University. She then returned to Stanford Law, graduating second in her class in 2000.[6] If confirmed, Friedland would fill one of two vacancies on the court of twenty-nine.
District courts
On August 1, 2013, President Barack Obama nominated six individuals to be judges for the United States District Courts. Obama commented on the nominations, stating:
| “ | 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 Court.[9][7] | ” |
District of Columbia
President Obama nominated Christopher Reid Cooper to the United States District Court for the District of Columbia to fill the vacancy left by Royce Lamberth.[8] Cooper is currently a partner at the law firm Covington & Burling LLP. Cooper earned his B.A., graduating summa cum laude in 1988 from Yale University. He went on to attend Stanford Law, where he was President of the Stanford Law Review and graduated with distinction with his J.D. in 1993.[9] If confirmed, Cooper would fill one of two vacancies on the court of sixteen.
District of Kansas
President Obama nominated Daniel D. Crabtree to the United States District Court for the District of Kansas to fill the vacancy left by John Lungstrum.[8] Crabtree is currently a partner at the law firm of Stinson Morrison Hecker LLP. Crabtree attended Ottawa University, earning his B.A. in 1978. He went on to earn his J.D. in 1981 from the University of Kansas School of Law.[9] If confirmed, Crabtree would fill the only vacancy on the court of six.
Western District of Missouri
President Obama nominated M. Douglas Harpool to the United States District Court for the Western District of Missouri to fill the vacancy left by Richard Dorr.[8] Harpool is currently a shareholder at the law firm Baird, Lightner, Millsap & Harpool, PC. He earned his B.S., graduating cum laude from Missouri State University in 1977. He went on to earn his J.D. in 1980 from the University of Missouri Columbia School of Law.[9] If confirmed, Harpool would fill the only vacancy on the court of seven.
Western District of Tennessee
President Obama nominated Sheryl H. Lipman to the United States District Court for the Western District of Tennessee to fill the vacancy left by Jon McCalla.[8] Lipman is currently University Counsel for the University of Memphis. She attended the University of Michigan, earning her B.G.S. in 1984. She went on to attend the New York University School of Law, earning her J.D. in 1987.[9] If confirmed, Lipman would fill the only vacancy on the court of five.
Eastern District of Pennsylvania
President Obama nominated Gerald Austin McHugh, Jr to the United States District Court for the Eastern District of Pennsylvania to fill the vacancy left by Harvey Bartle.[8] McHugh is currently a partner at the Philadelphia law firm of Raynes McCarty. He earned his A.B. graduating summa cum laude in 1976 from St. Joseph's University. He went on to earn his J.D., graduating cum laude from the University of Pennsylvania Law School in 1979.[9] If confirmed, McHugh would fill one of four vacancies on the court of twenty-two.
President Obama nominated Edward G. Smith to the United States District Court for the Eastern District of Pennsylvania to fill the vacancy left by Berle Schiller.[10] Smith is currently a judge for the Northampton County Court of Common Pleas, Pennsylvania. Smith earned his undergraduate degree from Franklin & Marshall College in 1983 and his J.D. from the Dickinson School of Law of the Pennsylvania State University in 1986.[9] If confirmed, Smith would fill one of four vacancies on the court of twenty-two.
See also
Footnotes
- ↑ 113th Congress Confirmations
- ↑ United States Periodic Press Gallery
- ↑ 113th Congress Nomination Materials
- ↑ U.S. Courts Current Vacancies
- ↑ Judge Phillips's Biography from the Federal Judicial Center.
- ↑ 6.0 6.1 6.2 6.3 "President Obama Nominates Three to Serve on the United States Courts of Appeals" 8/1/2013
- ↑ 7.0 7.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ 8.0 8.1 8.2 8.3 8.4 8.5 8.6 8.7 "Presidential Nominations Sent to the Senate" 8/1/2013
- ↑ 9.0 9.1 9.2 9.3 9.4 9.5 9.6 "President Obama Nominates Six to Serve on the United States District Courts" 8/1/2013
- ↑ "Presidential Nominations Sent to the Senate" 8/1/2013
| |||||
