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The Federal Vacancy Count 3/1/2017

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



See: Supreme Court vacancy, 2017: An overview

March 1, 2017

This month's Federal Vacancy Count includes nominations, confirmations, and vacancies from January 25, 2017, to February 28, 2017.[1]

HIGHLIGHTS
  • Vacancies: There were eight new vacancies since the January 2017 report, bringing the total number of vacancies to 129 out of 985 active judge positions, including 115 vacancies in positions where a confirmed nominee is eligible to serve a life term.
  • Nominations: There was one new nomination since the January 2017 report. On January 31, 2017, President Donald Trump nominated Judge Neil Gorsuch of the United States Court of Appeals for the 10th Circuit to succeed Justice Antonin Scalia on the U.S. Supreme Court. Hearings on Gorsuch's nomination are scheduled to begin on March 20, 2017.
  • Confirmations: There were no new confirmations since the January 2017 report.


    • The vacancy warning level remained at yellow this month after eight new vacancies were announced. The total vacancy percentage was 13.1 percent, and there were 129 vacancies out of 985 positions, including 115 vacancies in positions where a confirmed nominee is eligible to serve a life term. There was one new nomination. On January 31, 2017, President Donald Trump nominated Judge Neil Gorsuch of the United States Court of Appeals for the 10th Circuit to succeed Justice Antonin Scalia on the U.S. Supreme Court. Hearings on Gorsuch's nomination are scheduled to begin on March 20, 2017. There were no confirmations since our last report.

    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.

    For more on the 2017 nomination, see Supreme Court vacancy, 2017: An overview
    For more on vacancies during Trump's first term, see our special report
    See also: The Trump administration on federal courts

    Vacancies by court

    Court # of Seats Vacancies
    Supreme Court 9 11.1% or 1 vacancy
    Appeals Courts 179 10.6% or 19 vacancies
    District Courts 677 13.74% or 93 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 8.0% or 5 vacancies
    All Judges 985 13.1% or 129 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 3rd Circuit

    D. Michael Fisher is a federal judge on senior status with the United States Court of Appeals for the 3rd Circuit. He joined the court in 2003 after serving as Pennsylvania's attorney general. A native of Pittsburgh, Pennsylvania, Fisher graduated from Georgetown University with his bachelor's degree in 1966 and from Georgetown University Law Center with his J.D. in 1969. Fisher was nominated to the United States Court of Appeals for the 3rd Circuit by President George W. Bush on May 1, 2003, to a seat vacated by Carol Mansmann. The American Bar Association rated Fisher Substantial Majority Well Qualified, Minority Qualified for the nomination. Hearings on Fisher's nomination were held before the United States Senate Committee on the Judiciary on October 15, 2003, and his nomination was reported by U.S. Sen. Orrin Hatch (R-Utah) on November 6, 2003. Fisher was confirmed on a voice vote of the U.S. Senate on December 9, 2003, and he received his commission on December 11, 2003. Judge Fisher elected to take senior status beginning February 1, 2017, creating a third vacancy on the court. The current vacancy warning level of this court is yellow. Under current law, the court has a total of 14 active judicial positions.[2][3][4]
    FederalVacancy yellow.png


    United States Court of Appeals for the 6th Circuit

    Danny Boggs is a federal judge on senior status with the United States Court of Appeals for the 6th Circuit. A native of Havana, Cuba, Boggs graduated from Harvard College with his bachelor's degree in 1965 and from the University of Chicago Law School with his J.D. in 1968. Boggs was first nominated to the United States Court of Appeals for the 6th Circuit by President Ronald Reagan on December 9, 1985, to a new seat created by 98 Stat. 333. Boggs' nomination failed under Rule XXXI at the sine die adjournment of the Senate and his nomination was returned to the president on January 2, 1986. President Reagan resubmitted the nomination on January 29, 1986. Hearings on Boggs' nomination were held before the United States Senate Committee on the Judiciary on February 5, 1986, and his nomination was reported by U.S. Sen. Strom Thurmond (R-S.C.) on February 27, 1986. Boggs was confirmed on a voice vote of the U.S. Senate on March 3, 1986, and he received his commission on March 25, 1986. Boggs served as chief judge of the Sixth Circuit from 2003 to 2009. He elected to take senior status beginning February 28, 2017, creating a second vacancy on the court. The current vacancy warning level of this court is yellow. Under current law, the court has a total of 16 active judicial positions.[5][6][7]
    FederalVacancy yellow.png


    United States District Court for the Western District of Michigan

    Robert Holmes Bell is a federal judge on senior status with the United States District Court for the Western District of Michigan. A native of Lansing, Michigan, Bell graduated from Wheaton College with a bachelor's degree in 1966 and from Wayne State University Law School with his J.D. in 1969. Bell was nominated to the United States District Court for the Western District of Michigan by President Ronald Reagan on March 11, 1987, to a seat vacated by Wendell Miles, as Miles elected to take senior status. Hearings on Bell's nomination were held before the United States Senate Committee on the Judiciary on June 3, 1987, and his nomination was reported by then-U.S. Sen. Joseph Biden (D-Del.) on June 23, 1987. Bell was confirmed on a voice vote of the U.S. Senate on July 1, 1987, and he received his commission the next day. From 2001 to 2008, Bell served as chief judge of the district court. He elected to take senior status beginning January 31, 2017, creating a vacancy on the court. The current vacancy warning level of this court is orange. Under current law, the court has a total of four active judicial positions.[8][9][10]
    FederalVacancy orange.png


    United States District Court for the Southern District of Florida

    William Zloch is a federal judge serving on senior status with the United States District Court for the Southern District of Florida. Born in Fort Lauderdale, Florida, Zloch graduated from the University of Notre Dame with his bachelor's degree in 1966 and from Notre Dame Law School with his J.D. in 1974. Zloch served as a lieutenant in the U.S. Navy from 1967 to 1969. Zloch was nominated to the United States District Court for the Southern District of Florida by President Ronald Reagan on October 9, 1985, to a new judgeship created by 98 Stat. 333. Hearings on Zloch's nomination were held before the United States Senate Committee on the Judiciary on October 30, 1985, and his nomination was reported by U.S. Sen. Strom Thurmond (R-S.C.) on October 31, 1985. Zloch was confirmed on a voice vote of the U.S. Senate on November 1, 1985, and he received his commission on November 4, 1985. From 2000 to 2007, Zloch served as chief judge of the district court. He elected to take senior status beginning January 31, 2017, creating a third vacancy on the court. The current vacancy warning level of this court is yellow. Under current law, the court has 18 active judicial positions.[11][12]
    FederalVacancy yellow.png


    United States District Court for the District of Delaware

    Sue Robinson is a federal judge on senior status with the United States District Court for the District of Delaware. A native of Mount Carmel, Illinois, Robinson graduated from the University of Delaware with her bachelor's degree in 1974 and from the University of Pennsylvania Law School with her J.D. in 1978. Robinson was nominated to the United States District Court for the District of Delaware by President George H.W. Bush on October 1, 1991, to a seat vacated by Jane Roth. The American Bar Association rated Robinson Unanimously Well Qualified for the nomination. Hearings on Robinson's nomination were held before the United States Senate Committee on the Judiciary on November 5, 1991, and her nomination was reported by then-U.S. Sen. Joseph Biden (D-Del.) on November 15, 1991. Robinson was confirmed by the unanimous consent of the U.S. Senate on November 15, 1991, and she received her commission on November 18, 1991. From 2000 to 2007, Robinson served as chief judge of the district court. She elected to take senior status beginning February 3, 2017, creating a vacancy on the court. The current vacancy warning level of this court is orange. Under current law, the court has four active judicial positions.[13][14][15]
    FederalVacancy orange.png


    United States District Court for the Eastern District of New York

    Eric Vitaliano is a federal judge on senior status with the United States District Court for the Eastern District of New York. Born in Staten Island, New York, Vitaliano graduated from Fordham College with his bachelor's degree in 1968 and from New York University School of Law with his J.D. in 1971. Vitaliano was nominated to the United States District Court for the Eastern District of New York by George W. Bush on October 6, 2005, to a seat vacated by Arthur Spatt. The American Bar Association rated Vitaliano Substantial Majority Qualified, Minority Not Qualified for the nomination. Hearings on Vitaliano's nomination were held before the United States Senate Committee on the Judiciary on November 1, 2005, and his nomination was reported by U.S. Sen. Arlen Specter (R-Pa.) on November 17, 2005. Vitaliano was confirmed on a voice vote of the U.S. Senate on December 21, 2005, and he received his commission on January 19, 2006. He elected to take senior status beginning on February 28, 2017, 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.[16][17][18]
    FederalVacancy orange.png


    United States District Court for the Southern District of Georgia

    William T. Moore, Jr. is a federal judge on senior status with the United States District Court for the Southern District of Georgia. A native of Bainbridge, Georgia, Moore graduated from Georgia Military College with his associate degree in 1960 and from the University of Georgia School of Law with his LL.B. in 1964. Moore was nominated by President Bill Clinton on July 13, 1994, to a seat vacated by Anthony Alaimo. The American Bar Association rated Moore Substantial Majority Qualified, Minority Well Qualified for the nomination. Hearings on Moore's nomination were held before the United States Senate Committee on the Judiciary on September 28, 1994, and his nomination was reported by then-U.S. Sen. Joseph Biden (D-Del.) on October 5, 1994. Moore was confirmed on a voice vote of the U.S. Senate on October 7, 1994, and he received his commission on October 11, 1994. From 2004 to 2010, Moore served as the chief judge of the district court. Moore elected to take senior status beginning on February 28, 2017, creating a vacancy on the court. The current vacancy warning level for this court is orange. Under current law, the court has three active judicial positions.[19][20][21]
    FederalVacancy orange.png


    Superior Court of the District of Columbia

    Lee F. Satterfield was an associate judge of the Superior Court of the District of Columbia. Judge Satterfield earned his B.A. from the University of Maryland and his J.D. from the George Washington University. Satterfield was nominated to the Superior Court of the District of Columbia by President George H.W. Bush on June 23, 1992, to a seat vacated by Judge Robert McCance Scott. Hearings on Satterfield's nomination were held before the U.S. Senate Committee on Governmental Affairs on September 30, 1992, and his nomination was reported by U.S. Sen. John Glenn (D-Ohio) on October 2, 1992. Satterfield was confirmed by the unanimous consent of the U.S. Senate on October 8, 1992. Judge Satterfield was reappointed to the court for another fifteen-year term in 2007. From 2008 to 2015, he served as chief judge of the court. Judge Satterfield retired from the court on February 1, 2017, creating a fifth vacancy on this court. The current vacancy warning level for this court is blue. Under current law, the court has 62 active judicial positions.[22][23][24]
    FederalVacancy Blue.png


    New nominations

    Supreme Court of the United States

    Neil Gorsuch was nominated by President Donald Trump on January 31, 2017, to succeed Justice Antonin Scalia as an associate justice on the Supreme Court of the United States. Gorsuch earned his B.A. from Columbia University in 1988, his J.D. from Harvard Law School in 1991, and his D.Phil. from the University of Oxford in 2004. He is currently a judge on the United States Court of Appeals for the 10th Circuit. This court's current vacancy warning level is yellow.
    FederalVacancy yellow.png


    For more on Judge Gorsuch's nomination to the Supreme Court, please see Supreme Court vacancy, 2017: An overview

    New confirmations

    There have been no new federal judicial confirmations by the U.S. Senate since our January 2017 update.

    Monthly map

    ForwardBackVwlmap3-1-2017.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. ↑ Federal Judicial Center, "Biographical directory of federal judges," accessed December 20, 2016
    3. ↑ United States Congress, "PN 570 — D. Michael Fisher — The Judiciary," accessed December 20, 2016
    4. ↑ American Bar Association, "Ratings of Article III judicial nominees, 108th Congress," accessed December 20, 2016
    5. ↑ Federal Judicial Center, "Biographical directory of federal judges," accessed November 23, 2016
    6. ↑ United States Congress, "PN 784 — Danny J. Boggs — The Judiciary," accessed November 23, 2016
    7. ↑ United States Congress, "PN 876-1 — Danny J. Boggs — The Judiciary," accessed November 23, 2016
    8. ↑ Federal Judicial Center, "Biographical directory of federal judges," accessed January 31, 2017
    9. ↑ MLive.com, "Judge Robert Holmes Bell to retire after 43 years on the bench," October 17, 2016
    10. ↑ United States Congress, "PN 180 — Robert Holmes Bell — The Judiciary," accessed January 31, 2017
    11. ↑ Federal Judicial Center, "Biographical directory of federal judges," accessed January 31, 2017
    12. ↑ United States Congress, "PN 645 — William J. Zloch — The Judiciary," accessed January 31, 2017
    13. ↑ Federal Judicial Center, "Biographical directory of federal judges," accessed February 3, 2017
    14. ↑ American Bar Association, "Ratings of Article III judicial nominees, 102nd Congress," accessed February 3, 2017
    15. ↑ United States Congress, "PN 666 — Sue L. Robinson — The Judiciary," accessed February 3, 2017
    16. ↑ Federal Judicial Center, "Biographical directory of federal judges," accessed February 28, 2017
    17. ↑ American Bar Association, "Ratings of Article III judicial nominees, 109th Congress," accessed February 28, 2017
    18. ↑ United States Congress, "PN 975 — Eric Nicholas Vitaliano — The Judiciary," accessed February 28, 2017
    19. ↑ Federal Judicial Center, "Biographical directory of federal judges," accessed March 1, 2017
    20. ↑ United States Congress, "PN 1568 — William T. Moore Jr. — The Judiciary," accessed March 1, 2017
    21. ↑ American Bar Association, "Ratings of Article III judicial nominees," accessed March 1, 2017
    22. ↑ BISNOW, "Chief Judge Lee Satterfield to Retire," August 5, 2016
    23. ↑ The BLT, "Superior Court Chief Judge Appointed for a Second Term"
    24. ↑ United States Congress, "PN 1242 — Lee F. Satterfield — Superior Court of the District of Columbia," accessed March 1, 2017
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