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The Federal Vacancy Count 7/26/2017

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



July 26, 2017

This month's Federal Vacancy Count includes nominations, confirmations, and vacancies from June 1, 2017, to July 26, 2017.[1][2]

HIGHLIGHTS
  • Vacancies: There were three new Article III life-term judicial vacancies since the June 2017 report. There are 131 vacancies out of 870 active judicial positions on courts covered in this report.[3]
  • Nominations: There were 11 new nominations since the June 2017 report.
  • Confirmations: There were two new confirmations since the June 2017 report. Judge David C. Nye was confirmed to the District of Idaho on July 12, 2017, and Judge John K. Bush was confirmed to the Sixth Circuit Court of Appeals on July 20, 2017. Judges Nye and Bush are the third and fourth of President Donald Trump's judicial nominees to be confirmed during the 115th United States Congress.


    • The vacancy warning level remained at yellow this month after three new Article III life-term judicial vacancies were announced. The total vacancy percentage was 15.06 percent, and there were 131 vacancies out of 870 Article III life-term judicial positions. There were 11 new nominations since the June 2017 report. There were two new confirmations since the June 2017 report. Judge David C. Nye was confirmed to the District of Idaho on July 12, 2017, and Judge John K. Bush was confirmed to the Sixth Circuit Court of Appeals on July 20, 2017. Judges Nye and Bush are the third and fourth of President Donald Trump's judicial nominees to be confirmed during the 115th United States Congress.

    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 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 11.73% or 21 vacancies
    District Courts 673 16.04% or 108 vacancies
    International Trade 9 22.2% or 2 vacancies
    All Article III life-term judicial positions 870 15.06% or 131 vacancies


    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. That nomination is subject to confirmation on the advice and consent of the U.S. Senate.

    United States Court of Appeals for the 8th Circuit

    William Jay Riley is a senior federal judge on the United States Court of Appeals for the 8th Circuit. Born in Lincoln, Nebraska, Riley earned his B.A. from the University of Nebraska in 1969 and his J.D. from the University of Nebraska College of Law in 1972. Riley was nominated to the United States Court of Appeals for the 8th Circuit by former President George W. Bush on May 23, 2001, to a seat vacated by Arlen Beam. The American Bar Association rated Riley Unanimously Well Qualified for the nomination. Hearings on Riley's nomination were held on July 24, 2001, and his nomination was reported by U.S. Sen. Patrick Leahy (D-Vt.) on August 2, 2001. Riley was confirmed on a recorded 97-0 vote of the U.S. Senate on August 2, 2001, and he received his commission the next day. Riley served as the chief judge of the court from 2010 to 2017. Riley elected to take senior status beginning on June 30, 2017. Riley's decision to take senior status created a third vacancy on the court. The current vacancy warning level of this court is orange. Under current law, the court has a total of 11 active judicial positions.[4][5][6]
    FederalVacancy orange.png


    United States District Court for the Southern District of Ohio

    Thomas M. Rose is a senior federal judge on the United States District Court for the Southern District of Ohio. A native of Circleville, Ohio, Rose graduated from Ohio University with his bachelor's degree in 1970. He graduated with his J.D. from the University of Cincinnati College of Law in 1973. Rose was nominated by President George W. Bush on January 23, 2002, to a seat vacated by Judge Herman Weber. The American Bar Association rated Rose Substantial Majority Well Qualified, Minority Qualified for the nomination. Hearings on Rose's nomination were held before the Senate Judiciary Committee on April 25, 2002, and his nomination was reported by U.S. Sen. Patrick Leahy (D-Vt.) on May 2, 2002. Rose was confirmed on a recorded 95-0 vote of the U.S. Senate on May 9, 2002, and he received his commission the next day. He elected to take senior status beginning on June 30, 2017. Rose's decision to take senior status created a second vacancy on the court. The current vacancy warning level of this court is orange. Under current law, the court has a total of six active judicial positions.[7][8][9]
    FederalVacancy orange.png


    United States District Court for the Southern District of Florida

    Joan Lenard is a senior federal judge on the United States District Court for the Southern District of Florida. Born in Amityville, New York, Lenard graduated from Rockland Community College with her associate degree in 1972, from Roger Williams College with her bachelor's degree in 1973, and from Antioch School of Law with her J.D. in 1976. Lenard was nominated to the United States District Court for the Southern District of Florida by President Bill Clinton on September 29, 1995, to a seat vacated by James L. King. The American Bar Association rated Lenard Unanimously Qualified for the nomination. Hearings on Lenard's nomination were held before the Senate Judiciary Committee on December 19, 1995, and her nomination was reported by U.S. Sen. Orrin Hatch (R-Utah) on December 21, 1995. Lenard was confirmed on a voice vote of the U.S. Senate on December 22, 1995, and she received her commission on December 26, 1995. She elected to take senior status beginning on July 1, 2017. Her decision to take senior status created a fourth vacancy on the court. The current vacancy warning level of this court is yellow. Under current law, the court has a total of 18 active judicial positions.[10][11][12]
    FederalVacancy yellow.png


    New nominations

    United States District Court for the Middle District of Georgia

    Tilman E. Self III is a judge on the Georgia Court of Appeals. On July 13, 2017, Self was nominated to a seat on the United States District Court for the Middle District of Georgia by President Donald Trump (R). Self received his undergraduate degree from The Citadel, the Military College of South Carolina, and his J.D. from the University of Georgia. He was admitted to the Georgia Bar in 1997. The current vacancy warning level of this court is orange. Under current law, the court has four active judicial positions with one current vacancy.
    FederalVacancy orange.png


    United States District Court for the Northern District of Georgia

    Michael L. Brown is an equity partner and co-chair of the white collar and government investigations practice group at the Atlanta, Georgia-based office of Alston & Bird LLP. On July 13, 2017, Brown was nominated to a seat on the United States District Court for the Northern District of Georgia by President Donald Trump (R). Brown earned his bachelor's degree from Georgetown University and his J.D., magna cum laude, from the University of Georgia School of Law. During his legal studies, Brown was inducted into the Order of the Coif and served on the managerial board of the Georgia Law Review. The current vacancy warning level of this court is yellow. Under current law, the court has 11 active judicial positions with two current vacancies.
    FederalVacancy yellow.png


    United States District Court for the Northern District of Georgia

    William M. Ray II is a judge on the Georgia Court of Appeals. On July 13, 2017, Ray was nominated to a seat on the United States District Court for the Northern District of Georgia by President Donald Trump (R). Ray earned his bachelor's degree in business from the University of Georgia Terry School of Business, graduating magna cum laude in 1985. He earned his MBA from the University of Georgia in 1986, with honors. Ray received his J.D. from the University of Georgia School of Law, graduating cum laude in 1990. The current vacancy warning level of this court is yellow. Under current law, the court has 11 active judicial positions with two current vacancies.
    FederalVacancy yellow.png


    United States District Court for the Eastern District of North Carolina

    Thomas Farr is a shareholder in the Raleigh, North Carolina-based office of Ogletree, Deakins, Nash, Smoak & Stewart, P.C. On July 13, 2017, Farr was nominated to a seat on the United States District Court for the Eastern District of North Carolina by President Donald Trump (R). Farr was first nominated to this position by President George W. Bush (R) in 2006, but the Senate took no action on his nomination. The seat was vacated by Judge Malcolm Howard on December 31, 2005, and is, at present, the longest current district court vacancy in the federal judiciary. Farr earned his bachelor's degree from Hillsdale College in 1976, where he was a summa cum laude graduate and co-salutatorian of his graduating class. He earned his J.D. from Emory University's of School of Law in 1979 and his LL.M. from Georgetown University Law Center in 1983. The current vacancy warning level of this court is orange. Under current law, the court has four active judicial positions with one current vacancy.
    FederalVacancy orange.png


    United States District Court for the Western District of Oklahoma

    Charles B. Goodwin is a federal magistrate judge for the United States District Court for the Western District of Oklahoma. He was first appointed to this position on August 31, 2013. On July 13, 2017, Goodwin was nominated to a district judge position on the Western District of Oklahoma by President Donald Trump (R). Goodwin earned his bachelor's degree from the University of Oklahoma and his J.D. from the University of Oklahoma College of Law. During a period of his legal studies, Goodwin served on the Oklahoma Law Review. The current vacancy warning level of this court is red. Under current law, the court has seven active judicial positions with three current vacancies.
    FederalVacancy red.png


    United States District Court for the Middle District of Tennessee

    William L. Campbell Jr. is a member of the business litigation practice group at the Nashville, Tennessee-based office of Frost Brown Todd LLC. On July 13, 2017, Campbell was nominated to a seat on the United States District Court for the Middle District of Tennessee by President Donald Trump (R). Campbell earned his bachelor's degree from the United States Naval Academy in 1991 and his J.D., magna cum laude, from the University of Alabama School of Law in 2001. During his legal studies, Campbell was inducted into the Order of the Coif. From 2000 to 2001, Campbell served as the editor-in-chief of the Alabama Law Review. The current vacancy warning level of this court is red. Under current law, the court has four active judicial positions with two current vacancies.
    FederalVacancy red.png


    United States District Court for the Middle District of Tennessee

    Eli Richardson is a member in the Nashville, Tennessee-based office of Bass, Berry, and Sims. On July 13, 2017, Richardson was nominated to a seat on the United States District Court for the Middle District of Tennessee by President Donald Trump (R). Richardson earned his bachelor's degree, cum laude, from Duke University and his J.D. from Vanderbilt University School of Law. During a period of his legal studies, Richardson served as a member of the Vanderbilt Law Review. The current vacancy warning level of this court is red. Under current law, the court has four active judicial positions with two current vacancies.
    FederalVacancy red.png


    United States District Court for the Western District of Tennessee

    Mark Norris is a Republican member of the Tennessee State Senate, representing District 32. He was first elected to the chamber in 2000. Norris currently serves as state Senate majority leader. On July 13, 2017, Norris was nominated to a seat on the United States District Court for the Western District of Tennessee by President Donald Trump (R). Norris graduated from Colorado College with his Bachelor's degree in 1977 and later graduated from the University of Denver Law School in 1980. in addition to his Senate duties, he is an attorney with Adams and Reese LLP. The current vacancy warning level of this court is orange. Under current law, the court has five active judicial positions with two current vacancies.
    FederalVacancy orange.png


    United States District Court for the Western District of Tennessee

    Thomas Parker is a shareholder in the Memphis, Tennessee-based office of Baker, Donelson, Bearman, Caldwell, and Berkowitz. On July 13, 2017, Parker was nominated to a seat on the United States District Court for the Western District of Tennessee by President Donald Trump (R). Parker earned his bachelor's degree from the University of South Carolina and his J.D. from Vanderbilt University School of Law. The current vacancy warning level of this court is orange. Under current law, the court has five active judicial positions with two current vacancies.
    FederalVacancy orange.png


    United States District Court for the Northern District of Alabama

    Liles Burke is a judge on the Alabama Court of Criminal Appeals. He was appointed by Governor Robert Bentley in February 2011. On July 19, 2017, Burke was nominated to a seat on the United States District Court for the Northern District of Alabama by President Donald Trump (R). Burke received his undergraduate degree from the University of Alabama in 1991 and his J.D. from the University of Alabama School of Law in 1994. The current vacancy warning level of this court is orange. Under current law, the court has eight active judicial positions with two current vacancies.
    FederalVacancy orange.png


    United States District Court for the Northern District of Alabama

    Annemarie Carney Axon is a Birmingham, Alabama-based member of Wallace, Jordan, Ratliff, and Brandt LLC. On July 19, 2017, Axon was nominated to a seat on the United States District Court for the Northern District of Alabama by President Donald Trump (R). Axon earned her bachelor's degree from the University of Alabama in 1995. She earned her J.D. from the University of Alabama School of Law in 1999. During a period of her legal studies, she served as the lead articles editor for the Law and Psychology Review. The current vacancy warning level of this court is orange. Under current law, the court has eight active judicial positions with two current vacancies.
    FederalVacancy orange.png


    New confirmations

    United States District Court for the District of Idaho

    David C. Nye is a confirmed nominee to the United States District Court for the District of Idaho. He is currently a judge for the Sixth District of Idaho, but will vacate that position once he receives his judicial commission to the federal district court. Nye received both his bachelor's (1982) and J.D. (1986) degrees from Brigham Young University. Nye was nominated by President Donald Trump (R) on May 8, 2017, to a seat on the United States District Court for the District of Idaho. The American Bar Association rated Nye Unanimously Well Qualified for the nomination. The Senate Judiciary Committee did not hold additional hearings on Nye's nomination. His nomination was reported by U.S. Sen. Chuck Grassley (R-Iowa) on June 15, 2017. Nye was confirmed on a recorded 100-0 vote of the U.S. Senate on July 12, 2017. Nye was previously nominated to the same position by President Barack Obama during the 114th United States Congress. Nye's nomination at that time was reported by the Judiciary Committee, but his nomination was returned to President Obama at the sine die adjournment of the 114th Congress on January 3, 2017. The current vacancy warning level for this court is red. Under current law, the court has two active judicial positions.[13][14][15]
    FederalVacancy red.png


    United States Court of Appeals for the 6th Circuit

    John K. Bush is a confirmed nominee to the United States Court of Appeals for the 6th Circuit. He is currently a partner and co-chair of the litigation department at the Louisville, Kentucky-based office of Bingham, Greenebaum, and Doll LLP, but will vacate that position once he receives his judicial commission to the circuit court. Bush earned his bachelor's degree, summa cum laude, from Vanderbilt University in 1986 and his J.D. from Harvard Law School, cum laude, in 1989. During his legal studies, Bush was executive editor of the Harvard Journal of Law and Public Policy and was a finalist at Harvard Law School's Ames Moot Court competition. Bush was nominated by President Donald Trump (R) on May 8, 2017, to a seat on the United States Court of Appeals for the 6th Circuit. Hearings before the Senate Judiciary Committee were held on June 14, 2017, and his nomination was reported by U.S. Sen. Chuck Grassley (R-Iowa) on July 13, 2017. Bush was confirmed on a recorded 51-47 vote of the U.S. Senate on July 20, 2017, and he will take his seat on the Sixth Circuit pending the receipt of his judicial commission. The current vacancy warning level for the Sixth Circuit is blue. Under current law, the court has 16 active judicial positions.[16][17][18][19]
    FederalVacancy Blue.png


    Monthly map

    ForwardBackVwlmap7-26-2017.png

    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. ↑ As of July 26, 2017, two confirmed nominees had not received their commissions to serve on their respective courts, so we treat their seats as still vacant.
    4. ↑ Federal Judicial Center, "Biography of Judge William Jay Riley," accessed June 30, 2017
    5. ↑ United States Congress, "PN 458 - William J. Riley - The Judiciary," accessed July 26, 2016
    6. ↑ American Bar Association, "Ratings of Article III judicial nominees, 107th Congress," accessed July 26, 2016
    7. ↑ Federal Judicial Center, "Biography of Judge Thomas M. Rose," accessed May 5, 2016
    8. ↑ United States Congress, "PN 1328 — Thomas M. Rose — The Judiciary," accessed May 13, 2017
    9. ↑ American Bar Association, "Ratings of Article III judicial nominees, 107th Congress," accessed May 13, 2017
    10. ↑ Federal Judicial Center, "Biography of Judge Joan A. Lenard," accessed July 1, 2017
    11. ↑ United States Congress, "PN 659 — Joan A. Lenard — The Judiciary," accessed July 1, 2017
    12. ↑ American Bar Association, "Ratings of Article III judicial nominees, 104th Congress," accessed July 1, 2017
    13. ↑ Sixth Judicial District Court, "Judges," accessed April 9, 2014
    14. ↑ United States Congress, "PN 1297 — David C. Nye — The Judiciary," accessed January 3, 2017
    15. ↑ American Bar Association, "Ratings of Article III and Article IV judicial nominees," accessed June 8, 2017
    16. ↑ Bingham, Greenebaum, and Doll LLP, "John K. Bush," accessed May 8, 2017
    17. ↑ United States Congress, "PN 370 — John Kenneth Bush — The Judiciary," accessed July 20, 2017
    18. ↑ National Review, "Who is John K. Bush?" May 7, 2017
    19. ↑ American Bar Association, "Ratings of Article III and Article IV judicial nominees, 115th Congress," accessed July 24, 2017
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