Federal Courts, Empty Benches: The Wednesday Vacancy Count 9/25/2013

Key: (Numbers indicate % of seats vacant.) 0% 1%-9% 10%-24% 25%-40% More than 40%

September 25, 2013

This report was updated on September 26, 2013, to reflect nominations made on September 24 and September 25.
By Courtney Collins

The vacancy warning level remains at yellow this week after one new confirmation by the U.S. Senate, lowering the vacancy percentage to 10.5%. There were 13 new nominations this week bringing the total number of nominations waiting for confirmation to 54. There were no transitions to senior status in the past week, allowing the total number of vacancies of Article III judges to fall to 91 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.

Example tables

Court	# of Seats	Vacancies
Supreme Court	9	0 percent or no vacancies
Appeals Courts	179	8.9 percent or 16 vacancies
District Courts	677	11.1 percent or 75 vacancies
All Judges	865	10.5 percent or 91 vacancies

New confirmations

Court of Appeals for the Federal Circuit

On September 24, 2013, Todd Hughes was confirmed by the Senate on a 98-0 vote. Hughes, who worked for the U.S. Department of Justice from 1994 to the time of his confirmation, became the first openly gay judge for a federal appeals court. Michael Cole-Schwartz, a spokesperson for the Human Rights Campaign a gay rights group, had this to say about the confirmation, “ Judge Hughes is an eminently qualified nominee who will happen to shatter a barrier as the first openly gay federal appellate court judge... It’s a testament to how far we have come as a country that his sexual orientation is irrelevant to his ability to serve on our nation’s courts. ” This confirmation leaves no vacancies on the United States Court of Appeals for the Federal Circuit, changing its warning level from blue to green.

New vacancies

There were no new vacancies this past week.

New nominations

This week President Barack Obama issued nominations for 13 new judges. The break down of those nominations are, four for the District of Arizona, one for the Southern District of California, one for the Eastern District of Washington, one for the District of Maine, two for the District of Maryland, two for the District of Massachusetts, one for the First Circuit Court of Appeals and one for the Northern District of Illinois. The President had this to say about the nominations,

“

These men and women have had distinguished legal careers and I am honored to ask them to continue their work as judges on the federal bench... They will serve the American people with integrity and an unwavering commitment to justice.

”

First Circuit Court of Appeals

David Barron

On September 24, 2013, David Barron was nominated by President Barack Obama to a seat on the United States Court of Appeals for the 1st Circuit. The seat was vacated by Michael Boudin when he took senior status. Barron is currently a professor at the Harvard Law School in the S. William Green Professor of Public Law. His previous experience includes clerking for the Hon. Stephen Reinhardt and Justice John Paul Stevens, attorney-adviser in the United States Department of Justice’s Office of Legal Counsel and as an assistant professor at Harvard. Barron earned his B.A. and J.D. from Harvard in 1989 and 1994. The Harvard Law School Dean, Martha Minow, had this to say about Barron's nomination, “ David Barron is a superb lawyer with deep experiences in federal, state, and local government. He will be an outstanding judge as he has great judgment as well as wide expertise. He is such a valued member of our community, but for the greater good, I hope the Senate promptly confirms his nomination. ”

District of Arizona

Douglas Rayes

On September 19, 2013, Douglas Rayes was nominated to a seat on the United States District Court for the District of Arizona by President Barack Obama. The seat was vacated Frederick Martone when he took senior status. Rayes is currently a Maricopa County Superior Court judge, and has held that position since 2000. His previous experience includes being a JAG officer for the U.S. Army as well as being a partner at the firms of Tryon, Heller & Rayes and McGroder, Tryon, Heller & Rayes. Rayes earned his B.S., cum laude, from Arizona State University in 1975. He earned his J.D., cum laude, in 1978 from the Arizona State University School of Law. Senator John McCain said this about the Arizona nominations, “ The nominees to serve on the United States District Court for the District of Arizona have demonstrated devotion to public service and commitment to justice, and I believe they are uniquely qualified to address the legal issues facing our state... The recent judicial vacancies in Arizona have created an unsustainable situation for the Court and are a serious impediment to the administration of justice for the people of Arizona. The need to fill these vacancies is critical as the District of Arizona ranks as one of the top ten busiest district courts in the country. ”

Steven Logan

Steven Logan is a federal magistrate judge who was nominated to the United States District Court for the District of Arizona by President Barack Obama on September 19, 2013. Logan, who has served as a federal magistrate judge for the United States District Court for the District of Arizona since 2012, also has experience as Immigration Judge, Assistant U.S. Attorney and as Military Judge for the U.S. Marine Corps. During his time in the Marine Corps, Logan served two tours in Iraq and one in Afghanistan and earned a Bronze Star and Combat Action Ribbon. Logan earned his B.S. from the University of Louisville in 1988 and his J.D. from University of Oklahoma College of Law in 1992.

Diane Humetewa

Diane Humetewa is a professor at the Arizona State University Sandra Day O'Conner School of Law and was nominated by President Barack Obama to a seat on the United States District Court for the District of Arizona. The nomination came on September 19, 2013 to fill a seat vacated by Mary Murguia, who was elevated to the Ninth Circuit Court of Appeals on January 3, 2011. If confirmed, Humetewa would become the first active female tribal member to be appointed a federal court. Her prior experience includes Counsel for Squire, Sanders & Dempsey LLP, U.S. Attorney for the District of Arizona and Deputy Counsel for the United States Senate Committee on Indian Affairs. Humetewa earned her B.A. from Arizona State University in 1987 and her J.D. from the Arizona State University Sandra Day O'Conner School of Law in 1993. The President of the National Native American Bar Association, Mary Smith, had this to say about her nomination, “ NNABA applauds President Obama for the historic nomination of Diane Humetewa to the federal bench in Arizona. Ms. Humetewa’s stellar career,including her position as a federal prosecutor, will serve her well as the first female Native American ever appointed to the federal judiciary and the only American Indian in the federal judiciary. ”

John Tuchi

John Tuchi is an Assistant U.S. Attorney for the District of Arizona and was nominated on September 19, 2013, by President Barack Obama to a seat on the United States District Court for the District of Arizona. The seat was vacated by Roslyn Silver, who took senior status on September 3, 2013. Tuchi has been an Assistant U.S. Attorney since 1998; during his time with the U.S. Attorney's office he has served as Chief of the Criminal Division, Interim U.S. Attorney, Senior Litigation Counsel and Tribal Liaison and Chief Assistant Attorney. His other experience is as an Associate for Brown & Bain, P.A. and as a Law Clerk for William Canby. Tuchi earned his B.S. from the University of West Virginia in 1987 and his master's degree from the University of Arizona in 1989. In 1994, he earned his J.D. from the Arizona State University School of Law. The President of the National Congress of American Indians, Jefferson Keel, had this to say about Tuchi's nomination, “ John Tuchi is highly qualified and has a strong record of upholding the trust responsibility to tribal nations. ”

District of Maine

Jon Levy

On September 19, 2013, Jon Levy was nominated to a seat on the United States District Court for the District of Maine by President Barack Obama. The seat was vacated by George Singal when he took senior status. Levy was recommended, along with William Kayatta, for a vacancy on the First Circuit Court of Appeals in 2011. Kayatta went on to gain confirmation to the First Circuit Court of Appeals, and Levy continued to serve on the Maine Supreme Judicial Court, where he has served since 2002. His other experience includes being a judge on the Maine District Courts, 13 years in private practice and clerking for John Copenhaver. Levy earned his undergraduate degree from Syracuse University in 1976 and his J.D. from the West Virginia University College of Law in 1979. A joint statement by Senator Susan Collins and Senator Angus King has this to say about Levy, “ During his long and distinguished career as both an attorney and a judge, Jon has had a significant impact on the Maine judicial system by virtue of his intelligence and service to the court... Jon’s qualifications and contributions to the Maine legal community make him an ideal candidate for this judgeship. His nomination deserves bipartisan support, and we look forward to introducing Jon to our colleagues in the Senate as soon as possible. ”

Northern District of Illinois

Manish Shah

Manish Shah is an Assistant U.S. Attorney for the Northern District of Illinois and was nominated by President Barack Obama to the United States District Court for the Northern District of Illinois on September 19, 2013. The seat was vacated by Joan Lefkow, who took senior status on September 1, 2012. Shah's experience includes 12 years with the U.S. Attorney's office where he served as Chief of the Criminal Division, Chief of Criminal Appeals, Deputy Chief of the Financial Crimes & Special Prosecutions Section and Deputy Chief of the General Crimes Section. He was also a clerk for the Honorable James B. Zagel and an associate for Heller, Ehrman, White & McAuliffe. Shah earned his B.A., with honors and distinction, from Stanford University in 1994 and his J.D., with honors, from the University of Chicago School of Law. Senator Dick Durbin said this about his nomination, “ Manish Shah has served with distinction as an Assistant US Attorney, and he will bring a wealth of knowledge and legal acumen to the federal bench in Northern Illinois. ”

Eastern District of Washington

Stanley Bastian

Stanley Bastian, the managing partner for Jeffers, Danielson, Sonn & Aylward, P.S. was nominated by President Barack Obama to a seat on the United States District Court for the Eastern District of Washington. The seat was vacated by Edward Shea when he took senior status on June 7, 2012. Bastian's past experience includes being an assistant city attorney for the city of Seattle, Law clerk for the Honorable Ward Williams and an Associate for Bergman & Bauer. He has also been the president of the Washington Bar Association and a chair for the Equal Justice Coalition. Bastian earn his B.S. from the University of Oregon in 1980 and his J.D. from the University of Washington School of Law in 1983. Edward Shea commented about his successor saying, “ “I think Stan Bastian has had a distinguished career as an attorney and has served the (Washington State) Bar as well as president (of the bar)... He’s an outstanding choice by the president. … I look forward to working with him. ”

Southern District of California

Cynthia A. Bashant

On September 19, 2013, Cynthia A. Bashant was nominated by President Barack Obama to a seat on the United States District Court for the Southern District of California that was vacated by Irma Gonzalez. Bashant is currently a judge for the Superior Court of San Diego County, California where she has been since 2000. Her other experience includes working as Assistant U.S. Attorney for the Southern District of California and an associate for Baker & McKenzie and Macdonald, Halsted & Laybourne. Bashant earned her A.B. from Smith College in 1982 and her J.D. from the University of California's Hastings College of the Law in 1986. Carl Tobias, a professor and tracker of judicial nominations, had this to say about Bashant's nomination, “ Her record is similar to a number of other well-qualified, consensus Superior Court judges who Obama has appointed to the California federal bench. ”

District of Maryland

Theodore Chuang

On September 25, 2013, Theodore Chuang was nominated by President Barack Obama to a seat on the United States District Court for the District of Maryland. Chuang is currently the Deputy General Counsel of the United States Department of Homeland Security. Chuang's past experience includes Deputy Chief Investigative Counsel for the U.S. House Committee on Oversight and Government Reform, Attorney for Wilmer Cutler Pickering Hale & Dorr LLP, Assistant United States Attorney, Trial Attorney and Law Clerk for Dorothy Nelson. He earned both his B.A. and J.D. from Harvard in 1991 and 1994. Mee Moua, President of the Asian Americans Advancing Justice, had this to say about his nomination, “ We applaud President Obama on this historic nomination to the federal bench and thank Senator Mikulski for her support of Theo Chuang. ”

George Jarrod Hazel

George Jarrod Hazel was nominated to the United States District Court for the District of Maryland by President Barack Obama on September 25, 2013. Hazel is currently the Chief Deputy State’s Attorney for Baltimore. His previous experience includes Assistant United States Attorney in the District of Maryland, Assistant United States Attorney in the District of Columbia and an attorney for Weil, Gotshal & Manges LLP. Hazel earned his undergraduate from Morehouse College in 1996 and his J.D. from Georgetown University in 1999. The President had this to say about his nomination, “ Their records of public service are distinguished and impressive and I am confident that they will serve the American people well from the United States District Court bench. I am honored to nominate them today. ”

District of Massachusetts

Mark G. Mastroianni

On September 24, 2013, Mark Mastroianni was nominated by President Barack Obama to a seat on the United States District Court for the District of Massachusetts. The seat was vacated by Michael Ponsor, who took senior status. Mastroianni is currently the District Attorney for Hampden County, Massachusetts. His past experience includes 16 years of private practice and Assistant District Attorney. Mastroianni earned his undergraduate degree from American International College in 1986 and his J.D. from Western New England College of Law in 1989. Senator Elizabeth Warren had this to say about his nomination, “ I was very pleased to recommend Mark G. Mastroianni and Indira Talwani to the President for nomination to District Court vacancies in Springfield and Boston... Both nominees, who were recommended by the Advisory Committee on Massachusetts Judicial Nominations, are talented and highly respected practitioners with diverse professional backgrounds, strong ties to the community, and impressive legal careers. ”

Indira Talwani

Indira Talwani is a partner at Segal Roitman LLP and was nominated by President Barack Obama to a seat on the United States District Court for the District of Massachusetts on September 24, 2013. The seat was vacated by Mark Wolf, who took senior status. Talwani's experience includes being an associate and later a partner at Altshuler Berzon LLP and a law clerk for Stanley Weigel. She earned her undergraduate degree from Harvard in 1982 and her J.D. from the University of California, Berkeley in 1988. The President of the North American South Asian Bar Association, Nadeem Bezar, had this to say about her nomination, “ Indi is a committed attorney with an exceptional record. She is admired by her peers. We are extremely excited that another deserving South Asian has been nominated to the judiciary. ”

Weekly map

The new weekly map feature will be updated every week and posted here and on the vacancy warning level analysis page.

See also

• United States federal courts

Footnotes