The Federal Vacancy Count 1/25/2017

From Ballotpedia
Jump to: navigation, search


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



January 25, 2017

This month's Federal Vacancy Count includes nominations, confirmations, and vacancies from December 28, 2016, to January 24, 2017. Pursuant to the sine die adjournment of the 114th Congress on January 3, 2017, all pending nominations to the federal judiciary were returned to President Barack Obama. President Obama did not resubmit any nominations to fill a federal judicial vacancy after January 3, 2017. Obama's term of office concluded on January 20, 2017, with the inauguration of President Donald Trump. Trump inherited the largest number of federal judicial vacancies since Bill Clinton assumed office on January 20, 1993.

For more, see our report on judicial vacancies during Trump's first term.
See also: The Trump administration on federal courts

Nominations, confirmations, and vacancies occurring on January 25, 2017, will be reflected in the February 2017 report.[1]

HIGHLIGHTS
  • Vacancies: There were seven new vacancies since the December 2016 report, bringing the total number of vacancies to 121 out of 985 active judge positions, including 108 vacancies in positions where a confirmed nominee is eligible to serve a life term.
  • Nominations: There were no new nominations since the December 2016 report. There are no pending nominations to the federal judiciary.
  • Confirmations: There were no new confirmations since the December 2016 report.


    • The vacancy warning level remained at yellow this month after seven new vacancies were announced. The total vacancy percentage was 12.28 percent, and there were 121 vacancies out of 985 positions, including 108 vacancies in positions where a confirmed nominee is eligible to serve a life term. There were no new nominations from either President Barack Obama or President Donald Trump since our December 2016 update. There are no pending nominees to any federal court, however, President Trump indicated that his nominee to succeed Justice Antonin Scalia on the U.S. Supreme Court would be announced on Thursday, February 2, 2017.[2]

    A breakdown of the vacancies at each level can be found in the table below. For a more detailed look at the vacancies on the federal courts, see Ballotpedia's Federal Court Vacancy Warning System. The Federal Court Vacancy Warning System presents information on current Article III judicial vacancies in the federal court system, as well as the status of pending nominees to the federal bench.

    Vacancies by court

    Court # of Seats Vacancies
    Supreme Court 9 11.1% or 1 vacancy
    Appeals Courts 179 9.5% or 17 vacancies
    District Courts 677 12.99% or 88 vacancies
    International Trade 9 22.2% or 2 vacancies
    Federal Claims 16 37.5% or 6 vacancies
    Tax Court 19 10.5% or 2 vacancies
    Armed Forces 5 0% or 0 vacancies
    D.C. Court of Appeals 9 11.1% or 1 vacancy
    D.C. Superior Court 62 6.4% or 4 vacancies
    All Judges 985 12.28% or 121 vacancies


    New vacancies

    The following judges vacated their active status, creating Article III judicial vacancies. As Article III judicial positions, these vacancies must be filled by a nomination from the president. That nomination is subject to confirmation on the advice and consent of the U.S. Senate.

    United States Court of Appeals for the 5th Circuit

    W. Eugene Davis is a federal judge on senior status with the United States Court of Appeals for the 5th Circuit. He joined the Fifth Circuit in 1983 after serving as a district judge on the United States District Court for the Western District of Louisiana. A native of Winfield, Alabama, Davis graduated from Tulane Law School with his J.D. in 1960. Davis was nominated to the Fifth Circuit Court of Appeals by President Ronald Reagan on November 1, 1983, to a seat vacated by Judge Robert Ainsworth. Hearings on Davis' nomination were held before the United States Senate Committee on the Judiciary on November 7, 1983, and his nomination was reported by U.S. Sen. Strom Thurmond (R-S.C.) on November 10, 1983. Davis was confirmed on a voice vote of the U.S. Senate on November 15, 1983, and he received his commission the next day. Davis elected to take senior status beginning December 31, 2016, creating a third judicial vacancy on the court. The current vacancy warning level of this court is yellow. Under current law, the court has a total of 17 active judicial positions.[3][4]
    FederalVacancy yellow.png


    United States Court of Appeals for the Ninth Circuit

    Diarmuid O'Scannlain is a federal judge on senior status with the United States Court of Appeals for the Ninth Circuit. A native of New York, New York, O'Scannlain earned his B.A. from St. John's University in 1957, his J.D. from Harvard Law School in 1963, and his LL.M. from the University of Virginia School of Law in 1992. O'Scannlain was nominated to the Ninth Circuit Court of Appeals by President Ronald Reagan on August 11, 1986, to a seat vacated by Robert Boochever. Hearings on O'Scannlain's nomination were held before the United States Senate Committee on the Judiciary on September 10, 1986, and his nomination was reported by U.S. Sen. Strom Thurmond (R-S.C.) on September 19, 1986. O'Scannlain was confirmed by a voice vote of the U.S. Senate on September 25, 1986, and he received his commission on September 26, 1986. He elected to take senior status beginning December 31, 2016, as did Judge Richard Clifton of the Ninth Circuit. Their decisions to take senior status created two new vacancies on the court, bringing the total number of current vacancies to four. The current vacancy warning level of this court is yellow. Under current law, the court has a total of 29 active judicial positions.[5][6]
    FederalVacancy yellow.png


    United States Court of Appeals for the Ninth Circuit

    Richard Clifton is a federal judge on senior status with the United States Court of Appeals for the Ninth Circuit. Born in Farmingham, Massachusetts, Clifton graduated from Princeton University with his bachelor's degree in 1972, and from Yale Law School with his J.D. in 1975. Clifton was nominated to the Ninth Circuit Court of Appeals by President George W. Bush on June 22, 2001, to a seat vacated by Cynthia Holcomb Hall, as Hall elected to take senior status. Under Rule XXXI, paragraph six, of the standing rules of the United States Senate, Clifton's nomination was returned to the president. President Bush resubmitted the nomination on August 3, 2001. The American Bar Association rated Clifton Unanimously Qualified for the nomination. Hearings on Clifton's nomination were held before the United States Senate Committee on the Judiciary on May 9, 2002, and his nomination was reported by U.S. Sen. Patrick Leahy (D-Vt.) on May 16, 2002. Clifton was confirmed on a 98-0 recorded vote of the U.S. Senate on July 18, 2002, and he received his commission on July 30, 2002. He elected to take senior status beginning December 31, 2016, as did Judge Diarmuid O'Scannlain of the Ninth Circuit. Their decisions to take senior status created two new vacancies on the court, bringing the total number of current vacancies to four. The current vacancy warning level of this court is yellow. Under current law, the court has a total of 29 active judicial positions.[7][8][9]
    FederalVacancy yellow.png


    United States District Court for the District of Columbia

    Richard Leon is a federal judge serving on senior status with the United States District Court for the District of Columbia. A native of South Natick, Massachusetts, Leon earned his bachelor's degree from the College of the Holy Cross in 1971, his J.D. from Suffolk University Law School in 1974, and his LL.M. from Harvard Law School in 1981. Leon was nominated to the United States District Court for the District of Columbia by President George W. Bush on September 10, 2001, to a seat vacated by Norma Holloway Johnson. The American Bar Association rated Leon Unanimously Well Qualified for the nomination. Hearings on Leon's nomination were held before the United States Senate Committee on the Judiciary on January 24, 2002, and his nomination was reported by U.S. Sen. Patrick Leahy (D-Vt.) on February 7, 2002. Leon was confirmed on a voice vote of the U.S. Senate on February 14, 2002, and he received his commission on February 19, 2002. Leon elected to take senior status on December 31, 2016, creating a fourth vacancy on the court. The current vacancy warning level of this court is orange. Under current law, the court has 15 active judicial positions.[10][11][12]
    FederalVacancy orange.png


    United States District Court for the Northern District of Ohio

    Donald Nugent is a federal judge on senior status with the United States District Court for the Northern District of Ohio. A native of Minneapolis, Minnesota, Nugent graduated from Xavier University with his bachelor's degree in 1970, from Cleveland State University's Cleveland-Marshall College of Law with his J.D. in 1974, and from the National Judicial College with his master of judicial studies in 1994. Nugent was nominated to the Northern District of Ohio by President Bill Clinton on April 27, 1995, to a seat vacated by Thomas Lambros. The American Bar Association rated Nugent Unanimously Well Qualified for the nomination. Hearings on Nugent's nomination were held before the United States Senate Committee on the Judiciary on June 6, 1995, and his nomination was reported by U.S. Sen. Orrin Hatch (R-Utah) on June 22, 1995. Nugent was confirmed on a voice vote of the U.S. Senate on June 30, 1995, and he received his commission the same day. Nugent elected to take senior status beginning on January 1, 2017, creating a vacancy on the court. The current vacancy warning level of this court is blue. Under current law, the court has 11 active judicial positions.[13] [14][15]
    FederalVacancy Blue.png


    United States District Court for the District of Connecticut

    Robert Chatigny is a federal judge on senior status with the United States District Court for the District of Connecticut. Born in Taunton, Massachusetts, Chatigny graduated from Brown University with his bachelor's degree in 1973 and from Georgetown University Law Center with his J.D. in 1978. Chatigny was nominated to the District of Connecticut by President Bill Clinton on August 5, 1994, to a seat vacated by Warren Eginton. The American Bar Association rated Chatigny Unanimously Well Qualified for the nomination.[16] Hearings on Chatigny's nomination were held before the United States Senate Committee on the Judiciary on September 14, 1994, and his nomination was reported by then-U.S. Sen. Joseph Biden (D-Del.) on September 22, 1994. Chatigny was confirmed on a voice vote of the U.S. Senate on September 28, 1994, and he received his commission the next day. From 2003 to 2009, Chatigny served as chief judge of the district court. Chatigny elected to take senior status beginning on January 1, 2017, creating a vacancy on the court. Under current law, the court has eight active judicial positions. The current vacancy warning level of this court is yellow.

    [17][18][19]

    FederalVacancy yellow.png


    United States District Court for the Central District of California

    George King was a federal judge on the United States District Court for the Central District of California. A native of Shanghai, China, King graduated from the University of California, Los Angeles with his bachelor's degree in 1971 and from the University of Southern California Law School with his J.D. in 1974. King was nominated to the United States District Court for the Central District of California by President Bill Clinton on April 27, 1995, to a new seat created by 104 Stat. 5089. The American Bar Association rated King Unanimously Well Qualified for the nomination. Hearings on King's nomination were held before the United States Senate Committee on the Judiciary on June 27, 1995, and his nomination was reported by U.S. Sen. Orrin Hatch (R-Utah) on June 29, 1995. King was confirmed on a voice vote of the U.S. Senate on June 30, 1995, and he received his commission the same day. From 2012 to 2016, King served as chief judge of the Central District of California. King retired from judicial service on January 6, 2017, creating a fifth vacancy on that court. The current vacancy warning level for this court is yellow. Under current law, the court has 28 active judicial positions.[20][21][22]
    FederalVacancy yellow.png


    New nominations

    There have been no new federal judicial nominations since our December 2016 update.

    New confirmations

    There have been no new federal judicial confirmations by the U.S. Senate since our December 2016 update.

    Monthly map

    ForwardBackVwlmap1-25-2017.png

    See also

    Footnotes

    1. ↑ As of December 2016, Ballotpedia's Federal Vacancy Count includes nominees to the United States Court of International Trade, United States Court of Federal Claims, the United States Tax Court, the United States Court of Appeals for the Armed Forces, the District of Columbia Court of Appeals, and the Superior Court of the District of Columbia. Vacancy, confirmation, and nomination totals will be changed accordingly. The map used in this report, however, does not include information from these courts at this time.
    2. ↑ The Atlantic, "Trump moves closer to announcing a Supreme Court nominee," January 25, 2017
    3. ↑ Federal Judicial Center, "Biographical directory of federal judges," accessed September 10, 2016
    4. ↑ United States Congress, "PN 559 — W. Eugene Davis — The Judiciary," accessed September 10, 2016
    5. ↑ Federal Judicial Center, "Biographical directory of federal judges," accessed June 22, 2016
    6. ↑ United States Congress, "PN 1314 - Diarmuid F. O'Scannlain — The Judiciary," accessed June 22, 2016
    7. ↑ Federal Judicial Center, "Biographical directory of federal judges," accessed July 9, 2016
    8. ↑ American Bar Association, "Ratings of Article III judicial nominees, 107th Congress," accessed July 9, 2016
    9. ↑ United States Congress, PN 894 - Richard R. Clifton - The Judiciary, accessed July 9, 2016
    10. ↑ Federal Judicial Center, "Biographical directory of federal judges," accessed January 5, 2017
    11. ↑ American Bar Association, "Ratings of Article III judicial nominees, 102nd Congress," accessed January 5, 2017
    12. ↑ United States Congress, "PN 1001 — Richard J. Leon — The Judiciary," accessed January 5, 2017
    13. ↑ Federal Judicial Center, "Biographical directory of federal judges," accessed January 1, 2017
    14. ↑ American Bar Association, "Ratings of Article III judicial nominees, 104th Congress," accessed January 1, 2017
    15. ↑ United States Congress, "PN 352 — Donald C. Nugent — The Judiciary," accessed January 1, 2017
    16. ↑ American Bar Association, "Ratings of Article III judicial nominees, 103rd Congress," accessed January 1, 2017
    17. ↑ Federal Judicial Center, "Biographical directory of federal judges," accessed January 1, 2017
    18. ↑ American Bar Association, "Ratings of Article III judicial nominees, 103rd Congress," accessed January 1, 2017
    19. ↑ United States Congress, "PN 1619 — Robert N. Chatigny — The Judiciary," accessed January 1, 2017
    20. ↑ Federal Judicial Center, "Biographical directory of federal judges," accessed January 6, 2017
    21. ↑ American Bar Association, "Ratings of Article III judicial nominees, 104th Congress," accessed January 6, 2017
    22. ↑ United States Congress, "PN 351 — George H. King — The Judiciary," accessed January 6, 2017
    v • e
    Ballotpedia Email Updates
    Retrieved from "https://ballotpedia.org/wiki/index.php?title=The_Federal_Vacancy_Count_1/25/2017&oldid=9332834"