T. Kent Wetherell
2019 - Present
6
T. Kent Wetherell II is a judge on the United States District Court for the Northern District of Florida. On May 7, 2018, President Donald Trump (R) nominated Wetherell to a seat on this court.[1] The United States Senate confirmed Wetherell on July 10, 2019, by a vote of 78-15.[2] He received commission on July 12, 2019. To see a full list of judges appointed by Donald Trump, click here.
The United States District Court for the Northern District of Florida is one of 94 U.S. District Courts. They are the general trial courts of the United States federal courts. To learn more about the court, click here.
Wetherell was a judge on the Florida First District Court of Appeal from 2009 to 2019. He was appointed to this court by then-Republican Governor Charlie Crist and took the bench on October 1, 2009.[3]
Judicial nominations, appointments, and elections
United States District Court for the Northern District of Florida
- See also: Federal judges nominated by Donald Trump
On May 7, 2018, President Donald Trump (R) nominated Wetherell to a seat on the United States District Court for the Northern District of Florida.[1] The United States Senate confirmed Wetherell on July 10, 2019, by a vote of 78-15.[2] To read more about the federal nominations process, click here.
 |
| Nominee Information |
| Name: T. Kent Wetherell |
| Court: United States District Court for the Northern District of Florida |
| Progress |
| Confirmed 429 days after nomination. |
 Nominated: May 7, 2018
|
| ABA Rating: Unanimously Well Qualified
|
| Questionnaire: Questionnaire |
| Hearing: October 17, 2018
|
| QFRs: QFRs (Hover over QFRs to read more) |
| Reported: February 7, 2019
|
| Confirmed: July 10, 2019
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| Vote: 78-15
|
Confirmation vote
The U.S. Senate confirmed Wetherell on July 10, 2019, on a vote of 78-15.[2] To see a full breakdown of the vote on the official U.S. Senate website, click here.
| Wetherell confirmation vote (July 10, 2019) | |||||||||
|---|---|---|---|---|---|---|---|---|---|
| Party | Yea | Nay | No vote | ||||||
 Democratic |
25 | 15 | 5 | ||||||
 Republican |
52 | 0 | 1 | ||||||
 Independent |
1 | 0 | 1 | ||||||
| Total | 78 | 15 | 7 | ||||||
Change in Senate rules
Wetherell was confirmed to a U.S. District Court under a new precedent the Senate established.
On April 3, 2019, the U.S. Senate voted 51-48 in favor of a change to chamber precedent lowering the maximum time allowed for debate on executive nominees to posts below the Cabinet level and on nominees to district court judgeships from 30 hours after invoking cloture to two.[4]
The change was passed under a procedure, often referred to as the nuclear option, that requires 51 votes rather than 60.[5]
It was the third use of the nuclear option in Senate history. In 2013, it was used to eliminate the 60-vote threshold to confirm presidential nominees, except those to the Supreme Court. In 2017, it was used to eliminate the 60-vote threshold required to confirm Supreme Court nominees.[6] For more, see Filibuster and reconciliation in the United States Congress.
Senate Judiciary Committee hearing
The Senate Judiciary Committee held hearings on Wetherell's nomination on October 17, 2018.[7]
The Senate Judiciary Committee favorably reported Wetherell's nomination on February 7, 2019.[8] Click here to see how the committee voted. Wetherell's nomination was one of 44 that Sen. Lindsey Graham (R-S.C.) reported that day.
Nomination
On May 7, 2018, President Donald Trump (R) nominated Wetherell to a seat on the United States District Court for the Northern District of Florida.[1] Wetherell was nominated to succeed Judge John Smoak, who assumed senior status on December 31, 2015.[7]
At the sine die adjournment of the 115th Congress on January 3, 2019, the Senate returned Wetherell's nomination to President Trump.[9] Wetherell was one of 51 individuals the president re-nominated on January 23, 2019.[10]
The American Bar Association unanimously rated Wetherell well qualified for the position.[11] To read more about ABA ratings, click here.
Florida First District Court of Appeal (2009-2019)
Wetherell was a judge on the Florida First District Court of Appeal from 2009 to 2019. He was appointed to this court by then-Republican Governor Charlie Crist and took the bench on October 1, 2009. He was retained by voters on November 2, 2010, and again on November 8, 2016.[3][12] [13]
2016 election
- See also: Florida judicial elections, 2016
Judge Wetherell filed to stand for retention in 2016.[14]
In a retention election, voters respond "yes" or "no" when asked if a judge whose term is ending should remain on the court for another term. In most states, judges must receive more than 50 percent "yes" votes to win another term.
November 8 general election
T. Kent Wetherell was retained in the Florida First District Court of Appeal, Wetherell's Seat election with 62.23% of the vote.
| Florida First District Court of Appeal, Wetherell's Seat, 2016 | ||
|---|---|---|
| Name | Yes votes | |
 T. Kent Wetherell | 62.23% | |
| Source: Florida Division of Elections Official Results | ||
2010 election
- See also: Florida judicial elections, 2010
Wetherell was retained on November 2, 2010, with 56.92% of voters in favor.[12][15]
Education
Wetherell earned a B.S. in accounting, magna cum laude, from Florida State University in 1992. He received his J.D. with high honors from Florida State University College of Law in 1995.[3][16]
Career
- 2019-present: Judge, U.S. District Court for the Northern District of Florida
- 2009-2019: Judge, First District Court of Appeal
- 2002-2009: Administrative Law Judge
- 1999-2002: Deputy Solicitor General, Office of the Attorney General of Florida
- 1995-1999: Associate, Hopping Green Sams & Smith, P.A., Tallahassee
- 1995: Law clerk to the Florida House of Representatives Judiciary Committee
- 1994: Law clerk, Gray Harris & Robinson[3][16]
About the court
| Northern District of Florida |
|---|
| Eleventh Circuit |
|
| Judgeships |
| Posts: 4 |
| Judges: 4 |
| Vacancies: 0 |
| Judges |
| Chief: Mark E. Walker |
| Active judges: Margaret Rodgers, Mark E. Walker, T. Kent Wetherell, Allen Winsor Senior judges: |
The United States District Court for the Northern District of Florida is one of 94 United States district courts. The district operates out of courthouses in Gainesville, Panama City, Pensacola, and Tallahassee. When decisions of the court are appealed, they are appealed to the United States Court of Appeals for the Eleventh Circuit based in downtown Atlanta at the Elbert P. Tuttle Federal Courthouse.
The Northern District of Florida has original jurisdiction over cases filed within its jurisdiction. These cases can include civil and criminal matters that fall under federal law.
The four courthouses in which it hears cases are Gainesville, Panama City, Pensacola and Tallahassee.
There are four court divisions, each covering the following counties:
The Gainesville Division, covering Alachua, Dixie, Gilchrist, Lafayette, and Levy counties.
The Panama City Division, covering Bay, Calhoun, Gulf, Holmes, Jackson, and Washington counties.
The Pensacola Division, covering Escambia, Okaloosa, Santa Rosa, and Walton counties.
The Tallahassee Division, covering Franklin, Gadsden, Jefferson, Leon, Liberty, Madison, Taylor, and Wakulla counties.
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
External links
- Search Google News for this topic
- Biography from the Federal Judicial Center
- United States District Court for the Northern District of Florida
- United States Court of Appeals for the 11th Circuit
- Florida First District Court of Appeal
Footnotes
- ↑ 1.0 1.1 1.2 White House, "President Donald J. Trump Announces Thirteenth Wave of Judicial Nominees and Seventh Wave of United States Marshal Nominees," April 26, 2018
- ↑ 2.0 2.1 2.2 Congress.gov, "PN255 — T. Kent Wetherell II — The Judiciary," accessed July 11, 2019
- ↑ 3.0 3.1 3.2 3.3 Judge Wetherell Biography from the 1st District
- ↑ The Hill, "GOP triggers 'nuclear option' to speed up Trump picks," April 3, 2019
- ↑ Axios, "Senate GOP invokes 'nuclear option' to speed up confirmations of Trump nominees," April 3, 2019
- ↑ NBC News, "McConnell to use 'nuclear option' to confirm lower-level nominees," April 2, 2019
- ↑ 7.0 7.1 Congress.gov, "PN1902 — T. Kent Wetherell II — The Judiciary," accessed October 29, 2018
- ↑ U.S. Senate Judiciary Committee, "Results of Executive Business Meeting," February 7, 2019
- ↑ Under Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate, pending nominations are returned to the president if the Senate adjourns sine die or recesses for more than 30 days. Congressional Research Service, "Senate Consideration of Presidential Nominations: Committee and Floor Procedure," April 11, 2017
- ↑ WhiteHouse.gov, "Nominations Sent to the Senate," January 23, 2019
- ↑ American Bar Association, "Ratings of Article III and Article IV judicial nominees, 115th Congress," accessed October 29, 2018
- ↑ 12.0 12.1 Florida 2010 Unofficial Election Results:Wetherell
- ↑ Florida Constitution, Article V, Section 10
- ↑ Florida Department of State, Division of Elections, "Download Candidate List," list accessed May 12, 2016
- ↑ Florida Division of Elections, 2010 Candidate List
- ↑ 16.0 16.1 Senate Judiciary Committee, "Questionnaire for judicial nominees: Thomas Kent Wetherell, II," accessed July 11, 2019
| Political offices | ||
|---|---|---|
| Preceded by - |
United States District Court for the Northern District of Florida 2019-Present |
Succeeded by - |
| Preceded by - |
Florida 1st District Court of Appeal 2009-2019 |
Succeeded by - |
| |||
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Federal courts:
Eleventh Circuit Court of Appeals • U.S. District Court: Middle District of Florida, Northern District of Florida, Southern District of Florida • U.S. Bankruptcy Court: Middle District of Florida, Northern District of Florida, Southern District of Florida
State courts:
Florida Supreme Court • Florida District Courts of Appeal • Florida Circuit Court • Florida County Court
State resources:
Courts in Florida • Florida judicial elections • Judicial selection in Florida
