The Federal Vacancy Count 6/29/2016

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

Updated: June 30, 2016

By Kevin Eirich

Editor's note: the Federal Vacancy Count was updated on June 30, 2016, to reflect both Judge Rossiter's receiving his commission and Mr. Tulley's nomination to the Superior Court, both of which occurred on June 29, 2016.

This month's Federal Vacancy Count includes nominations, confirmations, and vacancies from May 25, 2016, to June 29, 2016. Nominations, confirmations, and vacancies occurring on June 30, 2016, will be reflected in the July 2016 report.

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 on the Federal Claims Court, the United States Tax Court, the United States Court of Appeals for the Armed Forces, or the D.C. Superior Court at this time.

The vacancy warning level remained at blue this month after five new vacancies were announced and six nominees were confirmed. The total vacancy percentage was 9.55 percent, and the number of vacancies was 93 out of 973 positions. There was one new nomination since the May 2016 update. The total number of nominees waiting for confirmation is 61 (including Federal Claims Court, Tax Court, Armed Forces, and Superior Court of D.C. 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 Ballotpedia's Federal Court Vacancy Warning System.

Vacancies by court

Court	# of Seats	Vacancies
Supreme Court	9	11.1% or 1 vacancy
Appeals Courts	179	5.0% or 9 vacancies
District Courts	677	10.5% or 71 vacancies
International Trade	9	33.3% or 3 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	1.6% or 1 vacancy
All Judges	973	9.55% or 93 vacancies

• Judge Katzmann was confirmed by the U.S. Senate to the U.S. Court of International Trade on June 6, 2016, but has not yet obtained his commission per the Federal Judicial Center as of June 30, 2016, so we continue to list his seat as vacant.

New vacancies

U.S. District Court for the Western District of Louisiana

Robert James is a federal judge on senior status with the United States District Court for the Western District of Louisiana. Born in Ruston, Louisiana, James graduated from Louisiana Tech University with his bachelor's degree in 1968, and from Louisiana State University Law School with his J.D. in 1971. James was nominated to the district court by Bill Clinton on January 27, 1998, to a seat vacated by John M. Shaw. James was confirmed on a voice vote of the U.S. Senate on July 31, 1998, and he received his commission on August 3, 1998. James served as chief judge of the court from 2009 to 2012. He assumed senior status on May 31, 2016. The current vacancy warning level of this court is orange.

U.S. District Court for the District of Minnesota

Ann Montgomery is a federal judge on senior status with the United States District Court for the District of Minnesota. Born in Litchfield, Minnesota, Montgomery earned her B.S. from the University of Kansas in 1971, and her J.D. from the University of Minnesota Law School in 1974. Montgomery was nominated to the United States District Court for the District of Minnesota by President Bill Clinton on November 27, 1995, to a seat vacated by Diana Murphy upon Murphy's elevation to the Eighth Circuit Court of Appeals. Montgomery was confirmed by a voice vote of the U.S. Senate on August 2, 1996, and she received her commission on August 6, 1996. She assumed senior status on May 31, 2016. The current vacancy warning level of this court is yellow.

U.S. District Court for the District of Puerto Rico

Jose Fuste was a federal judge for the U.S. District Court for the District of Puerto Rico. Born in San Juan, Puerto Rico, Fuste earned his bachelor's in business administration from the University of Puerto Rico in 1965, and his LL.B. from the University of Puerto Rico Law School in 1968. Fuste was nominated to the U.S. District Court for the District of Puerto Rico by Ronald Reagan on September 27, 1985, to a seat vacated by Juan Torruella upon Torruella's elevation to the United States Court of Appeals for the 1st Circuit. Fuste was confirmed on a voice vote of the U.S. Senate on October 25, 1985, and he received his commission on October 28, 1985. Fuste served as chief judge of the court from 2004 to 2011. He retired from the bench on June 1, 2016. The current vacancy warning level of this court is yellow.

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

Kim Gibson is a federal judge on senior status with the United States District Court for the Western District of Pennsylvania. Gibson graduated from the United States Military Academy at West Point, New York, in 1970. He earned his J.D. from Dickinson School of Law in 1975. Gibson was nominated to the United States District Court for the Western District of Pennsylvania by President George W. Bush on April 28, 2003, to a seat vacated by Judge Brooks Smith as Smith was nominated to the Third Circuit Court of Appeals. Gibson was confirmed by the U.S. Senate on September 23, 2003, and he received his commission on September 24, 2003. He assumed senior status on June 3, 2016. The current vacancy warning level of this court is orange.

U.S. District Court for the Western District of Washington

James Robart is a federal judge on senior status with the United States District Court for the Western District of Washington. Born in Seattle, Washington, Robart graduated from Whitman College with his bachelor's degree in 1969, and from Georgetown University Law Center with his J.D. in 1973. Robart was nominated to the United States District Court for the Western District of Washington by George W. Bush on December 9, 2003, to a seat vacated by Judge Thomas Zilly. Robart was confirmed on a recorded 99-0 vote of the U.S. Senate on June 17, 2004, and he received his commission on June 21, 2004. He assumed senior status on June 28, 2016. On April 14, 2016, President Barack Obama nominated J. Michael Diaz to succeed Judge Robart on the bench. The current vacancy warning level of this court is red.

New confirmations

United States District Court for the District of Nebraska

Robert F. Rossiter, Jr., is a federal judge on the United States District Court for the District of Nebraska. Rossiter earned his B.S. from Purdue University in 1978, and his J.D., cum laude, from Creighton University School of Law in 1981. At the time of his nomination, Rossiter was a shareholder and member of the management committee at Fraser Stryker PC LLO law firm. The American Bar Association rated Rossiter Unanimously Qualified for the nomination. Hearings on Rossiter's nomination were held before the United States Senate Committee on the Judiciary on September 30, 2015, and his nomination was reported by U.S. Sen. Chuck Grassley (R-Iowa) on October 29, 2015. Rossiter was confirmed on a recorded 90-0 vote of the U.S. Senate on June 27, 2016, and he received his commission on June 29, 2016. Rossiter's confirmation caused the vacancy warning level of this court to change from orange to green.

United States Court of International Trade

Jennifer Choe Groves is a federal judge on the United States Court of International Trade. Groves earned her A.B. from Princeton University in 1991, her J.D. from Rutgers School of Law - Newark in 1994, and her LL.M. from Columbia Law School in 1998. At the time of her nomination to the court, she was CEO of Titanium Law Group PLLC and Choe Groves Consulting LLC. Hearings on Groves' nomination were held in the United States Senate Committee on the Judiciary on January 27, 2016, and Groves' nomination was reported by U.S. Sen. Chuck Grassley (R-Iowa) on April 7, 2016. Groves was confirmed on a voice vote of the U.S. Senate on June 6, 2016, and she received her commission on June 8, 2016. Groves' confirmation caused the vacancy warning level of this court to change from red to orange.

United States Court of International Trade

Gary Katzmann is a confirmed nominee to the United States Court of International Trade. Katzmann earned an A.B. degree from Columbia College, an M.Litt. from Oxford University, an M.P.P.M. from the Yale School of Management, and a J.D. from Yale Law School. Since 2004, Katzmann has served as an associate justice on the Massachusetts Appeals Court, the intermediate appellate court for the state of Massachusetts. Hearings on Katzmann's nomination were held before the United States Senate Committee on the Judiciary on January 27, 2016, and his nomination was reported by U.S. Sen. Chuck Grassley (R-Iowa) on April 7, 2016. Katzmann was confirmed on a voice vote of the U.S. Senate on June 6, 2016. As of June 30, 2016, Katzmann had not received his commission, so the vacancy warning level of this court remains orange; however, when Katzmann receives his commission, the vacancy warning level of this court will change to yellow.

Superior Court of the District of Columbia

Julie Helene Becker is an associate judge on the Superior Court of the District of Columbia. At the time of her appointment, she was a supervising attorney at the Legal Aid Society of the District of Columbia. Becker earned her B.A. from the University of Michigan in 1996, and her J.D. from Yale Law School in 1999. Hearings on Becker's nomination were held before the United States Senate Committee on Homeland Security and Governmental Affairs, and her nomination was reported by U.S. Sen. Ron Johnson (R-Wis.) on April 25, 2016. Becker was confirmed on a voice vote of the U.S. Senate on June 23, 2016. The current vacancy warning level of this court is blue.

Superior Court of the District of Columbia

Steven Nathan Berk is an associate judge on the Superior Court of the District of Columbia. Prior to his judicial service, he was principal and founder of Berk Law. Berk earned his A.B. with honors from Washington University in St. Louis in 1981, his M.Sc. from the London School of Economics in 1982, and his J.D., cum laude, from Boston College Law School in 1985. Hearings on Berk's nomination were held before the United States Senate Committee on Homeland Security and Governmental Affairs on March 2, 2016, and his nomination was reported by U.S. Sen. Ron Johnson (R-Wis.) on April 25, 2016. Berk was confirmed on a voice vote of the U.S. Senate on June 23, 2016. The vacancy warning level of this court is blue.

Superior Court of the District of Columbia

Elizabeth Carroll Wingo is an associate judge on the Superior Court of the District of Columbia. Prior to her elevation as an associate judge, she was a magistrate judge on the same court. Wingo received her undergraduate degree from Dartmouth College, and her J.D. from Yale Law School. Hearings on Wingo's nomination were held on March 2, 2016, before the United States Senate Committee on Homeland Security and Governmental Affairs, and her nomination was reported by U.S. Sen. Ron Johnson (R-Wis.) on April 25, 2016. Wingo was confirmed on a voice vote of the U.S. Senate on June 23, 2016. The vacancy warning level of this court is blue.

New nominations

Superior Court of the District of Columbia

Jason D. Tulley was nominated by President Barack Obama on June 29, 2016, to a seat on the Superior Court of the District of Columbia vacated by Judge Judith N. Macaluso, who retired from judicial service. He earned his B.A. from SUNY-Binghamton in 1992, and his J.D., Order of the Coif, from the University of Maryland School of Law in 1995. Tulley is currently an attorney and training director in the public defender service in Washington, D.C.. On Tulley's nomination, President Obama said, "I am pleased to nominate Jason D. Tulley to serve on the Superior Court of the District of Columbia ... I am confident he will serve the District of Columbia with integrity and a steadfast commitment to justice." Hearings on Tulley's nomination will be held before the United States Senate Committee on Homeland Security and Governmental Affairs. The vacancy warning level of this court is blue.

Monthly map

See also

• United States federal courts
• Federal Court Vacancy Warning System