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The Federal Vacancy Count 10/25/2017

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



October 25, 2017

This month's Federal Vacancy Count includes nominations, confirmations, and vacancies from September 27, 2017, to October 24, 2017.[1][2]

HIGHLIGHTS
  • Vacancies: There were seven new Article III life-term judicial vacancies since the September 2017 report. There are 144 vacancies out of 870 active judicial positions on courts covered in this report.
  • Nominations: There were seven new nominations since the September 2017 report.
  • Confirmations: There was one new confirmation since the September 2017 report. Judge Ralph Erickson was confirmed to the United States Court of Appeals for the 8th Circuit on September 28, 2017. Judge Erickson's elevation to the Eighth Circuit created a new vacancy on his former court, the United States District Court for the District of North Dakota.


    • The vacancy warning level remained at yellow this month after seven new Article III life-term judicial vacancies were announced. The total vacancy percentage was 16.55 percent and there were 144 vacancies out of 870 Article III life-term judicial positions. There were seven new nominations since the September 2017 report. There was one new confirmation since the September 2017 report. Judge Ralph Erickson was confirmed to the United States Court of Appeals for the 8th Circuit on September 28, 2017. Judge Erickson's elevation to the Eighth Circuit created a new vacancy on his former court, the United States District Court for the District of North Dakota.

    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, click here.

    For more on vacancies at the six month point of Trump's first term in office, see our special report
    See also: The Trump administration on federal courts

    Vacancies by court

    Court # of Seats Vacancies
    Supreme Court 9 0% or 0 vacancies
    Appeals Courts 179 11.73% or 21 vacancies
    District Courts 673 17.97% or 121 vacancies
    International Trade 9 22.2% or 2 vacancies
    All Article III life-term judicial positions 870 16.55% or 144 vacancies


    New confirmations

    United States Court of Appeals for the 8th Circuit

    Ralph Erickson is a federal judge on the United States Court of Appeals for the 8th Circuit. Born in Thief River Falls, Minnesota, Erickson graduated from Jamestown College with a bachelor's degree in 1980 and from the University of North Dakota School of law with his J.D. in 1984. Erickson was nominated by President Donald Trump (R) on June 7, 2017, to a seat on the Eighth Circuit vacated by Kermit Bye. The American Bar Association rated Erickson Substantial Majority Well Qualified, Minority Qualified for the nomination. Hearings on Erickson's nomination were held before the Senate Judiciary Committee on July 25, 2017, and his nomination was reported by U.S. Sen. Chuck Grassley (R-Iowa) on September 14, 2017. Erickson was confirmed on a recorded 95-1 vote of the U.S. Senate on September 28, 2017, and he received his commission on October 12, 2017. The only senator to vote against Erickson's confirmation was Sen. Elizabeth Warren (D-Mass.) The current vacancy warning level of this court is yellow. The court has two vacancies. Under current law, the court has 11 active judicial positions.[3][4][5]
    FederalVacancy yellow.png


    New vacancies

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

    United States Court of Appeals for the 5th Circuit

    E. Grady Jolly is a senior federal judge with the United States Court of Appeals for the 5th Circuit. He first joined the court in 1982. Born in Louisville, Mississippi, Jolly graduated from the University of Mississippi with his bachelor's degree in 1959 and from the University of Mississippi Law School with his J.D. in 1962. Jolly was nominated to the Fifth Circuit by President Ronald Reagan (R) on July 1, 1982, to a seat vacated by James Coleman. Hearings on Jolly's nomination were held before the Senate Judiciary Committee on July 14, 1982, and his nomination was reported by U.S. Sen. Strom Thurmond (R-S.C.) on July 26, 1982. Jolly was confirmed by the unanimous consent of the U.S. Senate on July 27, 1982, and he received his commission on July 30, 1982. Jolly elected to take senior status beginning on October 3, 2017. Jolly's decision to take senior status created the fourth 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.[6][7]
    FederalVacancy yellow.png


    United States District Court for the Eastern District of Pennsylvania

    Legrome Davis is a senior federal judge on the United States District Court for the Eastern District of Pennsylvania. Born in Columbus, Ohio, Davis graduated from Princeton University with his bachelor's degree in 1973 and from the Rutgers University School of Law with his J.D. in 1976. Davis was first nominated by President Bill Clinton (D) on July 30, 1998, to a seat on the Eastern District of Pennsylvania vacated by Edmund Ludwig. The American Bar Association rated Davis Majority Qualified, Minority Well Qualified for the nomination. Under provisions of Rule XXXI, paragraph six of the standing rules of the Senate, Davis' nomination was returned to the president on October 21, 1998. President Clinton resubmitted Davis' nomination on January 26, 1999. The American Bar Association again rated Davis Majority Qualified, Minority Well Qualified for the nomination. Under provisions of Rule XXXI, paragraph six of the standing rules of the Senate, Davis' nomination was returned to the president on December 15, 2000. Davis was then nominated by President George W. Bush (R) on January 23, 2002. The American Bar Association rated Davis Substantial Majority Well Qualified, Minority Qualified for the nomination. Hearings on Davis' nomination were held before the Senate Judiciary Committee on March 19, 2002, and his nomination was reported by U.S. Sen. Patrick Leahy (D-Vt.) on April 11, 2002. Davis was confirmed on a recorded 94-0 vote of the U.S. Senate on April 18, 2002, and he received his commission on April 23, 2002. Davis elected to take senior status beginning on September 28, 2017. Davis' decision to take senior status created the fourth vacancy on the district court. The current vacancy warning level of this court is yellow. Under current law, the court has a total of 22 active judicial positions.[8][9][10][11][12][13][14]
    FederalVacancy yellow.png


    United States District Court for the Northern District of Indiana

    Joseph Van Bokkelen is a senior federal judge on the United States District Court for the Northern District of Indiana. A native of Chicago, Illinois, Van Bokkelen received his undergraduate degree from Indiana University in 1966 and his J.D. from Indiana University School of Law in 1969. Van Bokkelen was nominated by President George W. Bush (R) on January 9, 2007, to a seat on the Northern District of Indiana vacated by Rudy Lozano. The American Bar Association rated Van Bokkelen Unanimously Well Qualified for the nomination. Hearings on Van Bokkelen's nomination were held before the Senate Judiciary Committee on April 11, 2007, and his nomination was reported by U.S. Sen. Patrick Leahy (D-Vt.) on May 3, 2007. Van Bokkelen was confirmed on a voice vote of the U.S. Senate on June 28, 2007, and he received his commission on July 18, 2007. Van Bokkelen elected to take senior status beginning on September 29, 2017. Van Bokkelen's decision to take senior status created the second vacancy on the court. The current vacancy warning level of this court is orange. Under current law, the court has a total of five active judicial positions.[15][16][17]
    FederalVacancy orange.png


    United States District Court for the Eastern District of Virginia

    Gerald Bruce Lee was a federal judge on the United States District Court for the Eastern District of Virginia. Born in Washington, D.C., Lee graduated from American University with his bachelor's degree in 1973 and from American University's Washington College of Law with his J.D. in 1976. Lee was nominated to the United States District Court for the Eastern District of Virginia by President Bill Clinton on May 22, 1998, to a seat vacated by James Cacheris. The American Bar Association rated Lee Unanimously Qualified for the nomination. Hearings on Lee's nomination were held before the Senate Judiciary Committee on July 16, 1998, and his nomination was reported by U.S. Sen. Orrin Hatch (R-Utah) on July 30, 1998. Lee was confirmed on a voice vote of the U.S. Senate on September 28, 1998, and he received his commission on October 1, 1998. Lee retired from judicial service on September 30, 2017. Lee's decision to retire from judicial service created the lone vacancy on the court. The current vacancy warning level of this court is blue. Under current law, the court has 11 active judicial positions.[18][19][20]
    FederalVacancy Blue.png


    United States District Court for the Northern District of Iowa

    Linda Reade is a senior federal judge on the United States District Court for the Northern District of Iowa. Born in Sioux Falls, South Dakota, Reade graduated from Drake University with her bachelor's degree in 1970. She earned her master's degree from Iowa State University in 1973. Reade received her J.D. from Drake University School of Law in 1980. Reade was nominated to the Northern District of Iowa by President George W. Bush (R) on June 26, 2002, to a seat vacated by Michael Melloy. The American Bar Association rated Reade Unanimously Well Qualified for the nomination. Hearings on Reade's nomination were held before the United States Senate Committee on the Judiciary on September 26, 2002, and her nomination was reported by U.S. Sen. Patrick Leahy (D-Vt.) on October 8, 2002. Reade was confirmed on a voice vote of the U.S. Senate on November 14, 2002, and she received her commission November 26, 2002. She served as the chief judge of the district court from 2006 to 2017. Reade elected to take senior status beginning on October 1, 2017. Reade's decision to take senior status created the lone vacancy on the court. The current vacancy warning level of this court is red. Under current law, the court has a total of two active judicial positions.[21][22][23]
    FederalVacancy red.png


    United States District Court for the Central District of California

    Beverly Reid O'Connell was a federal judge on the United States District Court for the Central District of California. A native of Ventura, California, O'Connell earned her bachelor's degree from the University of California at Los Angeles in 1986 and her J.D. from Pepperdine University School of Law in 1990. O'Connell was first nominated on November 14, 2012, by President Barack Obama (D) to a seat on the Central District of California vacated by Valerie Baker Fairbank. The American Bar Association rated O'Connell Unanimously Well Qualified for the nomination. Hearings on O'Connell's nomination were held before Senate Judiciary Committee on December 12, 2012. Under provisions of Rule XXXI, paragraph six of the standing rules of the Senate, O'Connell's nomination was returned to the president on January 3, 2013. President Obama resubmitted her nomination on January 4, 2013, and her nomination was reported by U.S. Sen. Patrick Leahy (D-Vt.) on February 14, 2013, without additional hearings. O'Connell was confirmed on a recorded 92-0 vote of the U.S. Senate on April 15, 2013, and she received her commission on April 30, 2013. O'Connell died in judicial service on October 8, 2017. O'Connell's passing created the sixth vacancy on the court. The current vacancy warning level of this court is yellow. Under current law, the court has a total of 28 active judicial positions.[24][25][26][27]
    FederalVacancy yellow.png


    United States District Court for the District of North Dakota

    Ralph Erickson, President Donald Trump's nominee to the United States Court of Appeals for the 8th Circuit, was confirmed to that court by the U.S. Senate on September 28, 2017. According to the Federal Judicial Center's biography of Judge Erickson, he received his commission to the Eighth Circuit Court of Appeals on October 12, 2017, creating an Article III vacancy in the District of North Dakota. Judge Erickson served on the district court from March 14, 2003, until his elevation to the Eighth Circuit. His elevation created the lone vacancy on the district court. The current vacancy warning level of this court is red. Under current law, the court has a total of two active judicial positions.
    FederalVacancy red.png


    New nominations

    United States Court of Appeals for the 5th Circuit

    Kyle Duncan is a partner at the Washington, D.C.-based office of Schaerr Duncan LLP. On October 2, 2017, President Donald Trump (R) nominated Duncan to a seat on the United States Court of Appeals for the 5th Circuit. Duncan earned his bachelor's degree, summa cum laude, from Louisiana State University. He earned his J.D. from the Paul M. Hebert School of Law at Louisiana State University in 1997. He was inducted into the Order of the Coif, which is a legal scholastic honor society. During a period of his legal studies, Duncan served as the executive senior editor of the Louisiana Law Review. Duncan earned a LL.M. from Columbia University in 2004. The current vacancy warning level of this court is yellow. Under current law, the court has 17 active judicial positions with four current vacancies.[28][29][30]
    FederalVacancy yellow.png


    United States Court of Appeals for the 5th Circuit

    Don Willett is a justice on the Texas Supreme Court. He was appointed to this position by Republican Governor Rick Perry and took office on August 24, 2005. He was elected to a full term in 2006 and re-elected in 2012. His current term will expire on December 31, 2018. On October 3, 2017, President Donald Trump (R) nominated Willett to a seat on the United States Court of Appeals for the 5th Circuit. Willett received his B.B.A. from Baylor University in 1988 and his A.M. from Duke University in 1992. He also received his J.D. from Duke University School of Law in 1992. The current vacancy warning level of this court is yellow. Under current law, the court has 17 active judicial positions with four current vacancies.[28][31][32]
    FederalVacancy yellow.png


    United States Court of Appeals for the 5th Circuit

    Kurt Engelhardt is the chief judge of the United States District Court for the Eastern District of Louisiana. He has served as the district court's chief judge since 2015. He joined the court in 2001 after being nominated by President George W. Bush (R). On October 5, 2017, President Donald Trump (R) nominated Engelhardt to a vacancy on the United States Court of Appeals for the 5th Circuit. A native of New Orleans, Louisiana, Engelhardt graduated from Louisiana State University with his bachelor's degree in 1982 and from Louisiana State University's Paul M. Herbert Law Center with his J.D. in 1985. The current vacancy warning level of this court is yellow. Under current law, the court has 17 active judicial positions with four current vacancies.[28][33][34]
    FederalVacancy yellow.png


    United States Court of Appeals for the 5th Circuit

    James C. Ho is a partner at the Dallas, Texas-based office of Gibson, Dunn, and Crutcher LLP, where he serves as co-chair of the firm's appellate and constitutional law practice group. On October 16, 2017, President Donald Trump (R) nominated Ho to a vacancy on the United States Court of Appeals for the 5th Circuit. A native of Taiwan, Ho earned his bachelor's degree with honors from Stanford University in 1995. He earned his J.D. with high honors from the University of Chicago in 1999. The current vacancy warning level of this court is yellow. Under current law, the court has 17 active judicial positions with four current vacancies.[28][35][36]
    FederalVacancy yellow.png


    United States District Court for the District of Utah

    Howard C. Nielson Jr. is a partner at Cooper and Kirk PLLC. On September 28, 2017, President Donald Trump (R) nominated Nielson to a vacancy on the United States District Court for the District of Utah. Nielson earned his bachelor's degree, summa cum laude, from Brigham Young University in 1992. He was a Mombusho scholar at the Kobe University Graduate School of Law in Japan from 1992 to 1994. He earned his J.D. from the University of Chicago Law School in 1997. He graduated as a high honors graduate. During a period of his legal studies, Nielson served as an articles editor of the University of Chicago Law review. The current vacancy warning level of this court is yellow. Under current law, the court has five active judicial positions with one current vacancy.[28][37][38]
    FederalVacancy yellow.png


    United States District Court for the Eastern District of Louisiana

    Barry Ashe is a member of the New Orleans, Louisiana-based office of Stone, Pigman, Walther, and Wittman LLC. On October 2, 2017, President Donald Trump (R) nominated Ashe to a seat on the United States District Court for the Eastern District of Louisiana. Ashe earned his bachelor's degree, summa cum laude, from Tulane University in 1978. Ashe was a Phi Beta Kappa graduate and received the Pi Sigma Alpha award for distinction in political science. Ashe earned his J.D., magna cum laude, from Tulane University Law School in 1984. He was inducted into the Order of the Coif. He served on the board of editors of the Tulane Law Review from 1982 to 1983, and was the senior managing editor of the Tulane Law Review from 1983 to 1984. The current vacancy warning level of this court is yellow. Under current law, the court has 12 active judicial positions with two current vacancies.[28][39][40]
    FederalVacancy yellow.png


    United States District Court for the District of Colorado

    Daniel Domenico is the managing partner of Kittredge LLC, a Colorado-based law firm. On October 2, 2017, President Donald Trump (R) nominated Domenico to a seat on the United States District Court for the District of Colorado. Domenico's nomination was President Trump's first nomination to fill a district court vacancy in a state represented by at least one Democratic senator in the U.S. Senate at the time of the nomination. Domenico earned his bachelor's degree, magna cum laude, from Georgetown University in 1995. He earned his J.D. from the University of Virginia School of Law in 2000. He was inducted into the Order of the Coif, which is a legal scholastic honor society. During a period of his legal studies, Domenico served as the editor of the Virginia Law Review and as the executive editor of the Journal of Sports and Law. The current vacancy warning level of this court is yellow. Under current law, the court has seven active judicial positions with one current vacancy.[28][41][42]
    FederalVacancy yellow.png


    Monthly map

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    See also

    Footnotes

    1. ↑ As of July 2017, Ballotpedia's Federal Vacancy Count includes nominees to all courts in which nominees are commissioned to serve a life-term. The map used in this report, however, does not include information from the United States Court of International Trade.
    2. ↑ Four judges on U.S. district courts are commissioned to serve ten-year terms on their respective courts. These are judges to the District Court of Guam, the District Court of the Virgin Islands, and the District Court for the Northern Mariana Islands.
    3. ↑ Federal Judicial Center, "Biography of Judge Ralph R. Erickson," accessed October 17, 2017
    4. ↑ United States Congress, "PN 586 — Ralph R. Erickson — The Judiciary," accessed September 14, 2017
    5. ↑ American Bar Association, "Ratings of Article III and Article IV judicial nominees, 115th Congress," accessed July 12, 2017
    6. ↑ Federal Judicial Center, "Biography of Judge E. Grady Jolly," accessed October 3, 2017
    7. ↑ United States Congress, "PN 1247 — E. Grady Jolly — The Judiciary," accessed September 10, 2016
    8. ↑ Federal Judicial Center, "Biography of Judge Legrome D. Davis," accessed September 28, 2017
    9. ↑ United States Congress, "PN 1316 — Legrome D. Davis — The Judiciary," accessed September 28, 2017
    10. ↑ United States Congress, "PN 34 — Legrome D. Davis — The Judiciary," accessed September 28, 2017
    11. ↑ United States Congress, "PN 1331 — Legrome D. Davis — The Judiciary," accessed September 28, 2017
    12. ↑ American Bar Association, "Ratings of Article III judicial nominees, 105th Congress," accessed September 28, 2017
    13. ↑ American Bar Association, "Ratings of Article III judicial nominees, 106th Congress," accessed September 28, 2017
    14. ↑ American Bar Association, "Ratings of Article III judicial nominees, 107th Congress," accessed September 28, 2017
    15. ↑ Federal Judicial Center, "Biography of Judge Joseph S. Van Bokkelen," accessed September 28, 2017
    16. ↑ United States Congress, "PN 3 — Joseph S. Van Bokkelen — The Judiciary," accessed September 28, 2017
    17. ↑ American Bar Association, "Ratings of Article III judicial nominees, 110th Congress," accessed September 28, 2017
    18. ↑ Federal Judicial Center, "Biography of Judge Gerald Bruce Lee," accessed May 15, 2017
    19. ↑ United States Congress, "PN 1138 — Gerald Bruce Lee — The Judiciary," accessed May 15, 2017
    20. ↑ American Bar Association, "Ratings of Article III judicial nominees," accessed May 15, 2017
    21. ↑ Federal Judicial Center, "Biographical directory of federal judges," accessed February 7, 2017
    22. ↑ United States Congress, "PN 1902 — Linda R. Reade — The Judiciary," accessed February 7, 2017
    23. ↑ American Bar Association, "Ratings of Article III judicial nominees, 107th Congress," accessed February 7, 2017
    24. ↑ Federal Judicial Center, "Biography of Judge Beverly Reid O'Connell," accessed October 11, 2017
    25. ↑ United States Congress, "PN 2016 — Beverly Reid O'Connell — The Judiciary," accessed October 11, 2017
    26. ↑ United States Congress, "PN 23 — Beverly Reid O'Connell — The Judiciary," accessed October 11, 2017
    27. ↑ American Bar Association, "Ratings of Article III judicial nominees, 112th Congress," accessed October 11, 2017
    28. ↑ 28.0 28.1 28.2 28.3 28.4 28.5 28.6 The White House, "President Donald J. Trump Announces Eighth Wave of Judicial Candidates," September 28, 2017
    29. ↑ United States Congress, "PN 1062 — Stuart Kyle Duncan — The Judiciary," accessed October 3, 2017
    30. ↑ Linkedin, "Profile of Kyle Duncan," accessed September 29, 2017
    31. ↑ United States Congress, "PN 1077 — Don R. Willett — The Judiciary," accessed October 4, 2017
    32. ↑ Texas Judicial Branch, "Justice Don R. Willett," accessed December 9, 2016
    33. ↑ Federal Judicial Center, "Biography of Judge Kurt D. Engelhardt," accessed September 29, 2017
    34. ↑ United States Congress, "PN 1089 — Kurt D. Engelhardt — The Judiciary," accessed October 7, 2017
    35. ↑ United States Congress, "PN 1108 — James C. Ho — The Judiciary," accessed October 17, 2017
    36. ↑ Gibson, Dunn, & Crutcher LLP, "James C. Ho, Partner," accessed September 29, 2017
    37. ↑ Cooper and Kirk PLLC, "Howard C. Nielson, Jr.," accessed September 29, 2017
    38. ↑ United States Congress, "PN 1053 — Howard C. Nielson Jr. — The Judiciary," accessed September 29, 2017
    39. ↑ United States Congress, "PN 1060 — Barry W. Ashe — The Judiciary," accessed October 3, 2017
    40. ↑ Stone, Pigman, Walther, and Wittman LLC, "Barry W. Ashe, Member," accessed September 29, 2017
    41. ↑ United States Congress, "PN 1061 — Daniel Desmond Domenico — The Judiciary," accessed October 3, 2017
    42. ↑ Kittredge LLC, "Curriculum vitae of Daniel D. Domenico," accessed September 29, 2017
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