The Federal Vacancy Count 1/27/2016

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

January 27, 2016

By Rebecca Kretschmer

This month's Federal Vacancy Count includes nominations, confirmations and vacancies from December 30, 2015, to January 26, 2016. Nominations, confirmations and vacancies occurring on January 27 will be reflected in the February 2016 report. Please note that beginning this month, Ballotpedia's Federal Vacancy Count will include information on the United States Court of Federal Claims, and vacancy, confirmation and nomination totals will be changed accordingly. The map in this report does not include information on the Federal Claims Court at this time.

The vacancy warning level remained at blue this month after eight vacancies and two new confirmations. The vacancy percentage rose to 8.7 percent, and the number of vacancies across Article III courts and the Federal Claims Court rose to 77 out of 890. There were three new nominations this month, raising the total number of nominees waiting for confirmation to 37 (including Federal Claims Court nominees). 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 our Federal Court Vacancy Warning System.

Vacancies by court

Court	# of Seats	Vacancies
Supreme Court	9	0% or no vacancies
Appeals Courts	179	5.0% or 9 vacancies
District Courts	677	8.6% or 58 vacancies
International Trade	9	44.4% or 4 vacancies
Federal Claims	16	37.5% or 6 vacancies
All Judges	890	8.7% or 77 vacancies

New vacancies

U.S. District Court for the District of Alaska

Ralph Beistline is a federal judge on senior status with the United States District Court for the District of Alaska. A native Alaskan, Beistline graduated from the University of Alaska with his bachelor's degree in 1972 and later graduated from the University of Puget Sound School of Law with his Juris Doctorate degree in 1974. On the recommendation of U.S. Senators Ted Stevens and Frank Murkowski, Beistline was nominated by former President George W. Bush on November 8, 2001, to a seat vacated by Russel Holland, who had assumed senior status. Beistline was confirmed by the U.S. Senate on March 12, 2002, on an unopposed 98-0 vote and received his commission March 19, 2002. When he assumed senior status on December 31, 2015, the vacancy warning level of the court changed from green to orange.

U.S. District Court for the District of Columbia

Reggie Walton is a federal judge on senior status with the United States District Court for the District of Columbia. Walton graduated from West Virginia State College with his bachelor's degree in 1971 and from the American University Washington College of Law with his J.D. in 1974. He was nominated by former President George W. Bush on September 4, 2001, to a seat vacated by Judge Stanley Sporkin. Sporkin assumed senior status at that time. Walter was confirmed by the Senate on September 21, 2001, on an unopposed 97-0 vote and received his commission on September 24, 2001. When he assumed senior status on December 31, 2015, the vacancy warning level of the court changed from green to blue.

U.S. District Court for the Northern District of Florida

John Smoak is a federal judge on senior status with the United States District Court for the Northern District of Florida. Born in Columbus, Georgia, Smoak graduated from the West Point United States Military Academy with his bachelor's degree in 1965, going on to graduate from the University of Florida College of Law with his J.D. in 1972. On the recommendation of Senator Mel Martinez, Smoak was nominated to the United States District Court for the Northern District of Florida by former President George W. Bush on June 8, 2005, to a seat vacated by Clyde Vinson when Vinson assumed senior status. Smoak was confirmed by the U.S. Senate on October 27, 2005, on a voice vote and received his commission on November 3, 2005. When he assumed senior status on December 31, 2015, the vacancy warning level of the court changed from green to yellow.

U.S. District Court for the Northern District of Indiana

Robert Miller is a federal judge on senior status with the United States District Court for the Northern District of Indiana. A native of South Bend, Miller graduated from Northwestern University in 1972 with his bachelor's degree and graduated from Indiana University Law School in 1975. On the recommendation of Senators Dan Quayle and Dick Lugar, Miller was nominated by former President Ronald Reagan on October 23, 1985, to a new judgeship created by 98 Stat. 333. Miller was confirmed by the U.S. Senate on December 16, 1985, and received his commission on December 17, 1985. When he assumed senior status on January 11, 2016, the vacancy warning level of the court changed from green to yellow.

U.S. District Court for the Northern District of New York

Gary Sharpe is a federal judge on senior status with the United States District Court for the Northern District of New York. Sharpe earned a B.A. from the University of Buffalo in 1971 and went on to graduate from Cornell Law School with a J.D. in 1974. Sharpe was nominated by former President George W. Bush on April 28, 2003, to a seat vacated by Judge Thomas McAvoy. Sharpe was confirmed by the U.S. Senate on January 28, 2004, and received commission on January 29, 2004. He became chief judge in 2011 and served in that capacity until 2015. When he assumed senior status on January 1, 2016, the vacancy warning level of the court changed from green to yellow.

U.S. District Court for the Eastern District of Pennsylvania

Felipe Restrepo is an Article III federal judge for the United States Court of Appeals for the 3rd Circuit. Restrepo was born in Medellin, Colombia, and raised in northern Virginia. He became a U.S. citizen on September 7, 1993. Restrepo received a B.A. from the University of Pennsylvania in 1981 and a J.D. from Tulane Law School in 1986. Prior to his confirmation to the Third Circuit, he served as a federal judge for the United States District Court for the Eastern District of Pennsylvania. Restrepo was nominated by President Obama to a seat on the district court that was vacated by Judge Anita Brody. On June 17, 2013, the United States Senate confirmed Restrepo to his post with a voice vote. He served on the court until January 11, 2016, when he was confirmed as a judge for the Third Circuit. Restrepo's transition did not affect the Eastern District of Pennsylvania's vacancy warning level, which remained at blue.

U.S. District Court for the Eastern District of Texas

Michael Schneider is a federal judge on senior status with the United States District Court for the Eastern District of Texas. Born in San Antonio, Texas, Schneider obtained his associate degree from Lon Morris College in 1963 before receiving his bachelor's degree in 1965 from Stephen F. Austin State University in Nacogdoches, Texas. Schneider obtained his J.D. at the University of Houston Law Center in 1970. He obtained an LL.M. from the University of Virginia Law School in 2001. On the recommendation of Texas U.S. Senators Kay Bailey-Hutchinson and Phil Gramm, Schneider was nominated to the United States District Court for the Eastern District of Texas by former President George W. Bush on May 17, 2004, to a seat vacated by John H. Hannah. Schneider was confirmed by the U.S. Senate on September 7, 2004, and received his commission on September 10, 2004. When he assumed senior status on January 7, 2016, the vacancy warning level of the court changed from yellow to orange.

U.S. Court of Federal Claims

Lawrence J. Block is a former federal judge with the United States Court of Federal Claims. Block received his B.A., magna cum laude, from New York University in 1973 and went on to earn a law degree from the John Marshall Law School in 1981. Block was nominated to the United States Court of Federal Claims by former President George W. Bush. When he retired on January 8, 2016, the vacancy warning level of the court remained at orange.

New confirmations

U.S. Court of Appeals for the Third Circuit

Felipe Restrepo is an Article III federal judge for the United States Court of Appeals for the 3rd Circuit. Restrepo was born in Medellin, Colombia, and raised in northern Virginia. He became a U.S. citizen on September 7, 1993. Restrepo received a B.A. from the University of Pennsylvania in 1981 and a J.D. from Tulane Law School in 1986. Prior to his confirmation to the Third Circuit, he served as a federal judge for the United States District Court for the Eastern District of Pennsylvania. Restrepo was nominated to the Third Circuit by President Barack Obama on November 12, 2014, but the nomination was returned in December 2014 and he was renominated in January 2015. He was nominated to fill the vacancy created by Anthony Scirica, who assumed senior status on July 1, 2013. Restrepo's nomination was confirmed by the Senate on January 11, 2016. After his confirmation, Republicans in Congress called for no more confirmations of judges appointed by Obama during his last year in office. Restrepo's transition changed the Third Circuit's vacancy warning level from yellow to blue.

U.S. District Court for the District of Minnesota

Wilhelmina Wright is a federal judge for the United States District Court for the District of Minnesota. Wright received her undergraduate degree, graduating cum laude, from Yale University in 1986 and her J.D. degree from Harvard Law School in 1989. Before transitioning to the District of Minnesota, Wright was an associate justice on the Minnesota Supreme Court from 2012 to 2016. She was appointed by Governor Mark Dayton and was the first black woman to join the court. Wright was nominated by President Barack Obama to the United States District Court for the District of Minnesota on April 15, 2015. Her nomination was reported to the full U.S. Senate on September 17, 2015. Her nomination was confirmed by the Senate on January 19, 2016, by a vote of 58 to 36. Wright's transition changed the court's vacancy warning level from yellow to green.

New nominations

U.S. Court of Appeals for the Seventh Circuit

Donald Schott

Donald Schott graduated with his B.A. in 1977 from the University of Wisconsin-Madison and his J.D. cum laude in 1980 from Harvard Law School. He is a partner at the Madison, Wisconsin, office of the law firm Quarles and Brady LLP. Schott was nominated by President Barack Obama on January 12, 2016, to the position of federal judge on the United States Court of Appeals for the 7th Circuit. His nomination does not affect the court's vacancy warning, which remains at yellow.

Myra Selby

Myra Selby is a partner at Ice Miller LLP in Indianapolis, Indiana, where she practices "commercial litigation with an emphasis in health care." She served as the first African American and first female associate justice on the Indiana Supreme Court from 1995 to 1999. Since 1999, Selby has chaired the Commission on Race and Gender Fairness, which makes "recommendations on increasing gender and racial fairness in the legal system." She was nominated by President Barack Obama on January 12, 2016, to the position of federal judge on the United States Court of Appeals for the 7th Circuit. Her nomination does not affect the court's vacancy warning, which remains at yellow.

U.S. District Court for the Southern District of Indiana

Winfield Ong graduated with his B.A. cum laude from DePauw University in 1980 and his J.D. from the Northwestern School of Law of Lewis & Clark College in 1985. He is currently the criminal chief for the United States Attorney's Office for the Southern District of Indiana. Ong was nominated by President Barack Obama on January 12, 2016, to be a federal judge for the United States District Court for the Southern District of Indiana. His nomination does not affect the court's vacancy warning, which remains at yellow.

Monthly map

See also

• United States federal courts
• Federal Court Vacancy Warning System