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The Federal Vacancy Count 6/28/2017

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



June 28, 2017

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

HIGHLIGHTS
  • Vacancies: There were four new vacancies since the May 2017 report, bringing the total number of vacancies to 145 out of 985 active judge positions, including 128 vacancies in positions where a confirmed nominee is eligible to serve a life term.
  • Nominations: There were eight new nominations since the May 2017 report.[2]
  • Confirmations: There were no new confirmations since the May 2017 report.


    • The vacancy warning level remained at yellow this month after four new vacancies were announced. The total vacancy percentage was 14.72 percent, and there were 145 vacancies out of 985 positions, including 128 vacancies in positions where a confirmed nominee is eligible to serve a life term. There were eight new nominations to the federal judiciary during the period covered by this report. There were no new confirmations.

    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 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 0% or 0 vacancies
    Appeals Courts 179 11.17% or 20 vacancies
    District Courts 677 15.66% or 106 vacancies
    International Trade 9 22.2% or 2 vacancies
    Federal Claims 16 37.5% or 6 vacancies
    Tax Court 19 15.78% or 3 vacancies
    Armed Forces 5 0% or 0 vacancies
    D.C. Court of Appeals 9 22.2% or 2 vacancies
    D.C. Superior Court 62 9.7% or 6 vacancies
    All Judges 985 14.72% or 145 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 7th Circuit

    Ann Williams is a senior federal judge on the United States Court of Appeals for the 7th Circuit. Prior to serving on the Seventh Circuit, Williams was a judge on the United States District Court for the Northern District of Illinois. A native of Detroit, Michigan, Williams graduated from Wayne State University with her bachelor's degree in 1970 and from the University of Michigan with her master's degree in 1972. Williams earned her J.D. from the University of Notre Dame Law School in 1975. Williams was nominated to the Seventh Circuit by President Bill Clinton on August 5, 1999, to a seat vacated by Judge Walter J. Cummings Jr. The American Bar Association rated Williams Unanimously Well Qualified for the nomination. Hearings on Williams' nomination were held before the United States Senate Committee on the Judiciary on October 26, 1999, and her nomination was reported by U.S. Sen. Orrin Hatch (R-Utah) on November 4, 1999. Williams was confirmed by the U.S. Senate on November 10, 1999, on a voice vote and she received her commission on November 15, 1999. Williams elected to take senior status beginning on June 5, 2017. Williams' decision to take senior status created 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 11 active judicial positions.[3]

    [4][5]

    FederalVacancy yellow.png


    United States District Court for the Western District of Louisiana

    Rebecca Doherty is a senior federal judge on the United States District Court for the Western District of Louisiana. A native of Fort Worth, Texas, Doherty graduated from Northwestern State University of Louisiana with her bachelor's degree in 1973 and with her master's degree in 1975. She later graduated from Louisiana State University's Paul M. Hebert Law Center with her J.D. in 1981. Doherty was nominated by President George H.W. Bush on June 27, 1991, to a new seat on the Western District of Louisiana created by 104 Stat. 5089. The American Bar Association rated Doherty Substantial Majority Qualified, Minority Well Qualified for the nomination. Hearings on Doherty's nomination were held before the Senate Judiciary Committee on September 26, 1991, and her nomination was reported by then-U.S. Sen. Joseph Biden (D-Del.) on October 31, 1991. Doherty was confirmed on a voice vote of the U.S. Senate on October 31, 1991, and she received her commission on November 5, 1991. Doherty elected to take senior status beginning on June 5, 2017. Doherty's decision to take senior status created a third vacancy on the court. The current vacancy warning level of this court is red. Under current law, the court has a total of seven active judicial positions.[6]

    [7][8][9]

    FederalVacancy red.png


    United States District Court for the Southern District of Alabama

    William Steele is a senior federal judge on the United States District Court for the Southern District of Alabama. He joined the court as a district judge in 2003 by a nomination from President George W. Bush after serving for 13 years as a federal magistrate judge on the same court. Steele served as the chief judge of the district court from 2010 to 2017. A native of Tuscumbia, Alabama, Steele earned his bachelor's degree from the University of Southern Mississippi in 1972 and his J.D. from the University of Alabama School of Law in 1980. Steele served in the U.S. Marine Corps from 1972 to 1979, in the Alabama National Guard from 1979 to 1990, and in the U.S. Army Reserve from 1990 to 1997. Steele was nominated by President George W. Bush on January 7, 2003, to a seat on the Southern District of Alabama vacated by Judge Richard Vollmer. The American Bar Association rated Steele Unanimously Qualified for the nomination. Hearings on Steele's nomination were held before the Senate Judiciary Committee on February 12, 2003, and his nomination was reported by U.S. Sen. Orrin Hatch (R-Utah) on March 6, 2003. Steele was confirmed on a voice vote of the U.S. Senate on March 13, 2003, and he received his commission the next day. He elected to take senior status beginning on June 8, 2017. Steele's decision to take senior status created a second vacancy on the court. The current vacancy warning level of this court is red. Under current law, the court has a total of three active judicial positions.[10][11][12]
    FederalVacancy red.png


    United States District Court for the District of Maine

    John Woodcock is a federal judge on senior status with the United States District Court for the District of Maine. He joined the court in 2003 after being nominated by President George W. Bush. From 2009 to 2015, Woodcock served as chief judge of the district court. Born in Bangor, Maine, Woodcock received his bachelor's degree in 1972 from Bowdoin College, his master's degree from the London School of Economics and Political Science in 1973, and his J.D. from the University of Maine School of Law in 1976. Woodcock was nominated to the District of Maine by President George W. Bush on March 27, 2003, to a seat vacated by Gene Carter. The American Bar Association rated Woodcock Unanimously Well Qualified for the nomination. Hearings on Woodcock's nomination were held before the Senate Judiciary Committee on May 22, 2003, and his nomination was reported by U.S. Sen. Orrin Hatch (R-Utah) on June 5, 2003. Woodcock was confirmed on a voice vote of the U.S. Senate on June 12, 2003, and he received his commission on June 16, 2003. He elected to take senior status beginning on June 27, 2017. Woodcock's decision to take senior status created the sole vacancy on the court. The current vacancy warning level of this court is orange. Under current law, the court has a total of three active judicial positions.[13]

    [14][15]

    FederalVacancy orange.png


    New nominations

    President Donald Trump submitted eight nominations to the U.S. Senate for federal judicial positions. Seven of the nominees are to Article III positions where, if confirmed, the nominees are eligible to serve life terms. The other nominee, Stephen Schwartz, if confirmed, would be commissioned to serve a 15-year term on the United States Court of Federal Claims.[16]

    United States Court of Appeals for the 3rd Circuit

    Stephanos Bibas is a professor of law and of criminology, and is the director of the University of Pennsylvania Law School's Supreme Court clinic. On June 19, 2017, Bibas was nominated to a seat on the United States Court of Appeals for the 3rd Circuit by President Donald Trump (R). Bibas earned a bachelor's degree, summa cum laude, from Columbia University in 1989. He also earned a bachelor's degree (1991) and a master's degree (1998) from Oxford University. He earned his J.D. from Yale Law School in 1994. During his legal studies, Bibas was a symposium editor for the Yale Law Journal. He was part of a team that won the university's Stewart Prize for the best moot court team and, individually, he won the Thurman Arnold Prize for best oralist at moot court. The current vacancy warning level of this court is yellow. Under current law, the court has 14 active judicial positions with three current vacancies.[17][18][19][20]
    FederalVacancy yellow.png


    United States Court of Appeals for the 8th Circuit

    Ralph Erickson is a federal judge on the United States District Court for the District of North Dakota. He joined the court in 2003 after a nomination from President George W. Bush (R). From 2009 to 2016, Erickson served as the chief judge of the district court. On June 7, 2017, Erickson was nominated to a seat on the United States Court of Appeals for the 8th Circuit by President Donald Trump (R). 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. The current vacancy warning level of this court is yellow. Under current law, the court has 11 active judicial positions with two current vacancies.[21][22]
    FederalVacancy yellow.png


    United States Court of Appeals for the 10th Circuit

    Allison Eid is a justice on the Colorado Supreme Court. Her current term expires in January 2019. She is the 95th justice to serve on the court. Eid was appointed to the court by Republican Governor Bill Owens on February 15, 2006, to succeed Justice Rebecca Kourlis, who retired. She was retained by voters in November 2008. On June 7, 2017, Eid was nominated by President Donald Trump (R) to a seat on the United States Court of Appeals for the 10th Circuit vacated upon the elevation of Neil Gorsuch to the Supreme Court of the United States. During Trump's presidential campaign, he included Eid on a second list of individuals that he "would consider as potential replacements for Justice Scalia at the United States Supreme Court." Eid received her bachelor's degree in American studies with distinction from Stanford University in 1987. She received her J.D. with high honors from the University of Chicago Law School in 1991. The current vacancy warning level of this court is blue. Under current law, the court has 12 active judicial positions with one current vacancy.[23][21]
    FederalVacancy Blue.png


    United States District Court for the District of Columbia

    Dabney Friedrich was a commissioner on the United States Sentencing Commission from 2006 to 2016. On June 7, 2017, President Donald Trump (R) nominated Friedrich to a seat on the United States District Court for the District of Columbia. Friedrich earned her B.A. in economics from Trinity University, her J.D. from Yale Law School, and a diploma in legal studies from Oxford University. Prior to serving on the U.S. Sentencing Commmission, Friedrich served as associate counsel to President George W. Bush (R) from 2003 to 2006. The current vacancy warning level of this court is orange. Under current law, the court has 15 active judicial positions with four current vacancies.[21][24][25]
    FederalVacancy orange.png


    United States District Court for the District of Columbia

    Timothy J. Kelly is chief counsel for national security and senior crime counsel to Senate Judiciary Committee Chairman Chuck Grassley (R-Iowa). He also serves as the Republican staff director for the Senate's caucus on international narcotics control. On June 7, 2017, President Donald Trump (R) nominated Kelly to a seat on the United States District Court for the District of Columbia. Kelly earned his bachelor's degree from Duke University and his J.D. from Georgetown University Law Center. During his legal studies, he served as the senior associate editor of the American Criminal Law Review. Hearings on Kelly's nomination before the Senate Judiciary Committee were held on June 28, 2017. The current vacancy warning level of this court is orange. Under current law, the court has 15 active judicial positions with four current vacancies.[21]
    FederalVacancy orange.png


    United States District Court for the District of Columbia

    Trevor McFadden is a deputy assistant attorney general in the criminal division of the U.S. Department of Justice. On June 7, 2017, President Donald Trump (R) nominated McFadden to a seat on the United States District Court for the District of Columbia. McFadden earned his bachelor's degree from Wheaton College and his J.D. from the University of Virginia School of Law. During his legal studies, he served on the editorial board of the Virginia Law Review. Hearings on McFadden's nomination before the Senate Judiciary Committee were held on June 28, 2017. The current vacancy warning level of this court is orange. Under current law, the court has 15 active judicial positions with four current vacancies.[21]
    FederalVacancy orange.png


    United States District Court for the Eastern and Western Districts of Kentucky

    Claria Horn Boom is a Lexington, Kentucky-based member of Frost Brown Todd LLC. On June 12, 2017, Boom was nominated to a shared seat on the United States District Court for the Eastern District of Kentucky and the United States District Court for the Western District of Kentucky by President Donald Trump (R). Boom earned her B.A., summa cum laude, from Transylvania University in 1991. She earned her J.D. from Vanderbilt University Law School, Order of the Coif, in 1994. During her legal studies, she served on the executive editorial board of the Vanderbilt Journal of Transnational Law. The current vacancy warning level of the Eastern District of Kentucky is orange, with two vacancies among six active judicial positions. The current vacancy warning level for the Western District of Kentucky is also orange, with one vacancy among four active judicial positions.[26][27]
    FederalVacancy orange.png


    United States Court of Federal Claims

    Stephen Schwartz is a partner at Schaerr Duncan LLP in Washington, D.C. On June 7, 2017, Schwartz was nominated to a seat on the United States Court of Federal Claims by President Donald Trump (R). If confirmed, Schwartz would be commissioned to serve a 15-year term on the court. Schwartz earned his bachelor's degree from Yale University and his J.D. from the University of Chicago Law School. During his legal studies, Schwartz was an editor of the University of Chicago Law Review. The current vacancy warning level of this court is orange. Under current law, the court has 16 active judicial positions with six current vacancies.[21]
    FederalVacancy orange.png


    New confirmations

    There were no new confirmations since our May 2017 report.

    Monthly map

    ForwardBackVwlmap6-28-2017.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. ↑ This number excludes three nominations made to the United States Court of Appeals for Veterans' Claims on June 7, 2017, by President Donald Trump.
    3. ↑ Federal Judicial Center, "Biography of Judge Ann Claire Williams," accessed June 23, 2017
    4. ↑ United States Congress, "PN 489 - Ann Claire Williams - The Judiciary," accessed May 31, 2016
    5. ↑ American Bar Association, "Ratings of Article III judicial nominees, 106th Congress," accessed May 31, 2016
    6. ↑ Federal Judicial Center, "Biography of Judge Rebecca F. Doherty," accessed June 5, 2017
    7. ↑ United States Congress, "PN 438 — Rebecca F. Doherty — The Judiciary," accessed June 5, 2017
    8. ↑ American Bar Association, "Ratings of Article III judicial nominees, 102nd Congress," accessed June 5, 2017
    9. ↑ United States Courts, "Current judicial vacancies," accessed June 5, 2017
    10. ↑ Federal Judicial Center, "Biography of Judge William H. Steele," accessed June 8, 2017
    11. ↑ United States Congress, "PN 32 — William H. Steele — The Judiciary," accessed June 1, 2017
    12. ↑ American Bar Association, "Ratings of Article III judicial nominees, 108th Congress," accessed June 1, 2017
    13. ↑ Federal Judicial Center, "Biography of Judge John A. Woodcock, Jr.," accessed June 27, 2017
    14. ↑ United States Congress, "PN 469 — John A. Woodcock Jr. — The Judiciary," accessed June 27, 2017
    15. ↑ American Bar Association, "Ratings of Article III judicial nominees, 108th Congress," accessed June 27, 2017
    16. ↑ This number excludes three nominations made to the United States Court of Appeals for Veterans' Claims on June 7, 2017, by President Donald Trump.
    17. ↑ University of Pennsylvania Law School, "Stephanos Bibas," accessed June 21, 2017
    18. ↑ United States Congress, "PN 679 — Stephanos Bibas — The Judiciary," accessed June 21, 2017
    19. ↑ National Review, "Who is Stephanos Bibas?" June 7, 2017
    20. ↑ The White House, "Eleven nominations sent to the Senate today," accessed June 21, 2017
    21. ↑ 21.0 21.1 21.2 21.3 21.4 21.5 The White House, "President Donald J. Trump announces judicial candidate nominations," June 7, 2017
    22. ↑ Federal Judicial Center, "Biography of Judge Ralph R. Erickson," accessed June 2, 2017
    23. ↑ Colorado Judicial Branch, "Allison H. Eid," accessed August 10, 2016
    24. ↑ U.S. Sentencing Commission, "Former commissioner information," accessed May 8, 2017
    25. ↑ White House Archives, "Dabney Friedrich," accessed May 8, 2017
    26. ↑ Frost Brown Todd LLC, "Claria Horn Boom," accessed June 16, 2017
    27. ↑ United States Congress, "PN 596 — Claria Horn Boom — The Judiciary," accessed June 16, 2017
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