Joseph Toth
2017 - Present
2032
8
Joseph L. Toth is a judge on the United States Court of Appeals for Veterans Claims. He was nominated to the court by President Donald Trump (R) on June 7, 2017, and confirmed by the U.S. Senate on August 3, 2017, by a voice vote.[1][2] To see a full list of judges appointed by Donald Trump, click here.
The United States Court of Appeals for Veterans Claims is the federal court that hears appeals from the Board of Veterans Appeals (BVA), an administrative board that itself hears appeals from the Department of Veterans Affairs (DVA). Decisions are appealed to the United States Court of Appeals for the Federal Circuit.
Most recently, Toth served as an associate federal public defender in Milwaukee, Wisconsin.[1]
Judicial nominations and appointments
United States Court of Appeals for Veterans Claims
- See also: Federal judges nominated by Donald Trump
Toth was nominated to the United States Court of Appeals for Veterans Claims by President Donald Trump (R) on June 7, 2017. The U.S. Senate confirmed Toth on August 3, 2017, by a voice vote.[2] To read more about the federal nomination process, click here.
| Nominee Information |
|---|
| Name: Joseph L. Toth |
| Court: United States Court of Appeals for Veterans Claims |
| Progress |
| Confirmed 57 days after nomination. |
| Questionnaire: |
| QFRs: (Hover over QFRs to read more) |
Confirmation vote
The U.S. Senate confirmed Toth on August 3, 2017, by voice vote.[2]
Senate Committee on Veterans' Affairs hearing
Toth had his hearing before the United States Senate Committee on Veterans' Affairs on July 9, 2017. The committee voted to advance Toth's nomination to the full Senate on July 20, 2017.[2]
Nomination
Toth was nominated to replace Judge Lawrence Hagel, who assumed senior status on October 8, 2016.
Education
Toth earned his bachelor's degree from the University of Chicago and his J.D. from Ave Maria School of Law.[1]
Professional career
From the White House announcement of Toth's nomination, "Toth is a veteran of the Judge Advocate General Corps of the United States Navy. In 2011, he served as a field officer in the Rule of Law Field Force Afghanistan (ROLFF-A), where he was stationed with the U.S. Army’s 10th Mountain Division in the Zhari District of Afghanistan. In Zhari, Mr. Toth partnered with Afghan prosecutors to establish the rule of law in the district where the Taliban was formed, and he was awarded the Joint Service Commendation Medal for his service. He also served as Senior Defense Counsel in Pearl Harbor, Hawaii, where he defended Sailors, Marines, and Coast Guard personnel at courts-martial. Following his military service, Mr. Toth clerked for Judge Daniel A. Manion on the United States Court of Appeals for the 7th Circuit and Judge Robert J. Conrad of the United States District Court for the Western District of North Carolina."[1]
Awards
Toth was awarded the Joint Service Commendation Medal for his service in Zhari, Afghanistan.[1]
About the court
| Court of Appeals for Veterans Claims |
|---|
| Federal Circuit |
| Judgeships |
| Posts: 9 |
| Judges: 9 |
| Vacancies: 0 |
| Judges |
| Chief: Margaret Bartley |
| Active judges: Michael P. Allen, Margaret Bartley, Joseph Falvey, William Greenberg, Grant Jaquith, Scott Laurer, Amanda Meredith, Coral W. Pietsch, Joseph Toth Senior judges: |
The United States Court of Appeals for Veterans Claims is the federal court that hears appeals from the Board of Veterans Appeals (BVA), an administrative board that itself hears appeals from the Department of Veterans Affairs (DVA). Decisions are appealed to the United States Court of Appeals for the Federal Circuit.
The court's nine judges are appointed by the president to 15-year terms. The court's retired judges each have the option of being called back as senior judges if they are needed. In this case, they are treated as senior judges and hold all power and authority that comes with that title.[3] The court was temporarily expanded on December 31, 2009, to nine judicial posts. This extension is in effect until 2026.[4][5]
The court hears no new testimony, conducts no trials, and considers no new evidence. Instead, it considers the BVA decision, the administrative record that was before the DVA, and briefs of the parties before it. The court holds oral argument only in cases presenting new legal issues.
The court has appellate jurisdiction over claims across the United States from the Board of Veterans Appeals.
The federal nomination process
Federal judges are nominated by the president of the United States and confirmed by the Senate. There are multiple steps to the process:
- The president nominates an individual for a judicial seat.
- The nominee fills out a questionnaire and is reviewed by the Senate Judiciary Committee.
- The Senate Judiciary Committee holds a hearing with the nominee, questioning them about things like their judicial philosophy, past rulings or opinions, etc.
- As part of this process, the committee sends a blue slip to senators from the home state in which the judicial nomination was received, allowing them to express their approval or disapproval of the nominee.
- After the hearing, the Senate Judiciary Committee will vote to approve or return the nominee.
- If approved, the nominee is voted on by the full Senate.
- If the Committee votes to return the nominee to the president, the president has the opportunity to re-nominate the individual.
- The Senate holds a vote on the candidate.
- If the Senate confirms the nomination, the nominee receives a commission to serve a lifelong position as a federal judge.
- If the Senate does not confirm the nomination, that nominee does not become a judge.
See also
- United States Court of Appeals for Veterans Claims
- United States Court of Appeals for the Federal Circuit
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 The White House, "President Donald J. Trump announces judicial candidate nominations," June 7, 2017
- ↑ 2.0 2.1 2.2 2.3 United States Congress, "PN 593 — Joseph L. Toth — The Judiciary," accessed August 4, 2017
- ↑ US Courts, "About the Court," accessed September 16, 2013
- ↑ Cornell Legal Information Institute, "38 USC § 7253 - Composition," accessed July 8, 2017
- ↑ Congressional Research Service, "U.S. Court of Appeals for Veterans Claims: A Brief Introduction," April 22, 2021
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