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The Federal Vacancy Count 10/26/2016

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



October 26, 2016

By Kevin Eirich

This month's Federal Vacancy Count includes nominations, confirmations, and vacancies from September 28, 2016, to October 26, 2016.[1]

HIGHLIGHTS
  • Vacancies: There were four new vacancies since the September 2016 report, bringing the total number of vacancies to 107 out of 973 active judge positions.
  • Nominations: There were no new nominations since the September 2016 report. 65 presidential nominations are awaiting Senate action.
  • Confirmations: There were no new confirmations since the September 2016 report.


    • The vacancy warning level remained at yellow this month after four new vacancies were announced. The total vacancy percentage was 10.99 percent, and there were 107 vacancies out of 973 positions. There were no new nominations from President Barack Obama since the September 2016 update. The total number of nominees waiting for Senate confirmation is 65, including nominees to the United States Court of Federal Claims, the United States Tax Court, the United States Court of Appeals for the Armed Forces, and the Superior Court of the District of Columbia. The remaining 42 federal vacancies represent positions where a nominee has not been named by the president.

    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 7.3% or 13 vacancies
    District Courts 677 11.66% or 79 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. Superior Court 62 6.4% or 4 vacancies
    All Judges 973 10.99% or 107 vacancies


    New vacancies

    The following judges vacated their active status on their respective courts, creating an Article III judicial vacancy. 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 Ninth Circuit

    Barry Silverman 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, Silverman graduated from Arizona State University with his bachelor's degree in 1973 and from Arizona State University College of Law with his J.D. in 1976. Silverman was nominated by President Bill Clinton on November 8, 1997, to a seat vacated by William Canby, Jr. The American Bar Association rated Silverman Unanimously Qualified for the nomination. Hearings on Silverman's nomination were held before the United States Senate Committee on the Judiciary on November 12, 1997, and his nomination was reported by U.S. Sen. Orrin Hatch (R-Utah) on November 13, 1997. Silverman was confirmed on a voice vote of the U.S. Senate on January 28, 1998, and he received his commission on February 4, 1998. Silverman assumed senior status on the court on October 11, 2016. The current vacancy warning level of this court is blue. As of this report, the Ninth Circuit has two vacancies. Under current law, the court has a total of 29 active judicial positions.[2][3][4]
    FederalVacancy Blue.png


    United States District Court for the Southern District of California

    Marilyn Huff is a federal judge on senior status with the United States District Court for the Southern District of California. Born in Ann Arbor, Michigan, Huff graduated from Calvin College with her bachelor's degree in 1972 and from the University of Michigan Law School with her J.D. in 1976. Huff was nominated to the United States District Court for the Southern District of California by President George H.W. Bush on March 12, 1991, to a seat vacated by Judge William Enright. The American Bar Association rated Huff Unanimously Well Qualified for the nomination. Hearings on Huff's nomination were held before the United States Senate Committee on the Judiciary on April 24, 1991, and her nomination was reported by then-U.S. Sen. Joseph Biden (D-Del.) on May 9, 1991. Huff was confirmed on the unanimous consent of the U.S. Senate on May 9, 1991, and she received her commission on May 14, 1991. Huff assumed senior status on September 30, 2016. The current vacancy warning level of this court is blue. As of this report, the Southern District of California has one vacancy. Under current law, the court has a total of 13 active judicial positions.[5][6][7]
    FederalVacancy Blue.png


    United States District Court for the Northern District of Illinois

    James Zagel is a federal judge on senior status with the United States District Court for the Northern District of Illinois. A native of Chicago, Illinois, Zagel earned his bachelor's and master's degrees in 1962 from the University of Chicago and his J.D. from Harvard Law School in 1965. Zagel was nominated to the United States District Court for the Northern District of Illinois by President Ronald Reagan on February 2, 1987, to a seat vacated by Judge Frank McGarr. Hearings on Zagel's nomination were held before the United States Senate Committee on the Judiciary on March 11, 1987, and his nomination was reported by then-U.S. Sen. Joseph Biden (D-Del.) on April 8, 1987. Zagel was confirmed on a voice vote of the U.S. Senate on April 21, 1987, and he received his commission the next day. Zagel assumed senior status on the court on October 21, 2016. Zagel also served on the United States Foreign Intelligence Surveillance Court from May 18, 2008, to May 18, 2015. The current vacancy warning level of this court is blue. As of this report, the Northern District of Illinois has one vacancy. Under current law, the court has a total of 22 active judicial positions.[8][9][10][11]
    FederalVacancy Blue.png


    United States District Court for the Eastern District of Michigan

    Gerald Rosen is a federal judge on senior status with the United States District Court for the Eastern District of Michigan. A native of Chandler, Arizona, Rosen earned his B.A. from Kalamazoo College in 1973 and his J.D. from George Washington University Law School in 1979. Rosen was nominated by President George H.W. Bush on November 9, 1989, to a seat vacated by Judge Philip Pratt as Pratt assumed senior status. The American Bar Association rated Rosen Substantial Majority Qualified, Minority Not Qualified for the nomination. Hearings on Rosen's nomination were held before the United States Senate Committee on the Judiciary on February 21, 1990, and his nomination was reported by then-U.S. Sen. Joseph Biden (D-Del.) on March 8, 1990. Rosen was confirmed by the unanimous consent of the U.S. Senate on March 9, 1990, and he received his commission on March 12, 1990. From 2009 to 2015, he served as chief judge for the district court. He assumed senior status on October 26, 2016. The current vacancy warning level of this court is blue. As of this report, the Eastern District of Michigan has one vacancy. Under current law, the court has a total of 15 active judicial positions.[12][13][14]
    FederalVacancy Blue.png


    New nominations

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

    New confirmations

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

    Monthly map

    ForwardBackVwlmap10-26-2016.png

    See also

    Footnotes

    1. ↑ As of May 2016, Ballotpedia's Federal Vacancy Count includes nominees to the United States Court of Federal Claims, the United States Tax Court, the United States Court of Appeals for the Armed Forces, 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. ↑ Federal Judicial Center, "Biographical directory of federal judges," accessed July 11, 2016
    3. ↑ American Bar Association, "Ratings of Article III judicial nominees, 104th Congress," accessed July 11, 2016
    4. ↑ United States Congress, "PN 824 - Barry G. Silverman - The Judiciary," accessed July 11, 2016
    5. ↑ Federal Judicial Center, "Biographical directory of federal judges," accessed September 30, 2016
    6. ↑ American Bar Association, "Ratings of Article III judicial nominees, 102nd Congress," accessed September 30, 2016
    7. ↑ United States Congress, "PN 182 — Marilyn L. Huff — The Judiciary," accessed September 30, 2016
    8. ↑ Federal Judicial Center, "Biographical directory of federal judges," accessed October 25, 2016
    9. ↑ Foreign Intelligence Surveillance Court, "2011 Membership," accessed October 25, 2016
    10. ↑ U.S. District Court for the Northern District of Illinois, "After distinguished career on federal bench, Judge Zagel assumes senior status," October 21, 2016
    11. ↑ United States Congress, "PN104 — James B. Zagel — The Judiciary," accessed October 25, 2016
    12. ↑ Federal Judicial Center, "Biographical directory of federal judges," accessed October 20, 2016
    13. ↑ American Bar Association, "Ratings of Article III judicial nominees, 101st Congress," accessed October 20, 2016
    14. ↑ United States Congress, "PN 869 - Gerald E. Rosen - The Judiciary," accessed October 20, 2016
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