The Federal Vacancy Count 8/29/2017

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

August 29, 2017

This month's Federal Vacancy Count includes nominations, confirmations, and vacancies from July 27, 2017, to August 29, 2017.

HIGHLIGHTS

Vacancies: There were seven new Article III life-term judicial vacancies since the July 2017 report. There are 135 vacancies out of 870 active judicial positions on courts covered in this report.

Nominations: There were eight new nominations since the July 2017 report.

Confirmations: There was one new confirmation since the July 2017 report. Judge Kevin Newsom was confirmed to the Eleventh Circuit Court of Appeals on August 1, 2017. Judge Newsom is the fifth 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 seven new Article III life-term judicial vacancies were announced. The total vacancy percentage was 15.51 percent, and there were 135 vacancies out of 870 Article III life-term judicial positions. There were eight new nominations since the July 2017 report. There was one new confirmation since the July 2017 report. Judge Kevin Newsom was confirmed to the Eleventh Circuit Court of Appeals on August 1, 2017. Judge Newsom is the fifth 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	10.61% or 19 vacancies
District Courts	673	16.93% or 114 vacancies
International Trade	9	22.2% or 2 vacancies
All Article III life-term judicial positions	870	15.51% or 135 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 District Court for the District of Oregon

Anna J. Brown is a senior federal judge on the United States District Court for the District of Oregon. A native of Portland, Oregon, Brown graduated from Portland State University with her bachelor's degree in 1975 and from Lewis and Clark College's Northwestern School of Law with her J.D. in 1980. Brown was nominated by President Bill Clinton on April 22, 1999, to a seat on the United States District Court for the District of Oregon vacated by Helen Frye. The American Bar Association rated Brown Unanimously Qualified for the nomination. Hearings on Brown's nomination were held before the Senate Judiciary Committee on September 14, 1999, and her nomination was reported by U.S. Sen. Orrin Hatch (R-Utah) on October 7, 1999. Brown was confirmed on a voice vote of the U.S. Senate on October 15, 1999, and she received her commission on October 26, 1999. Brown elected to take senior status beginning on July 27, 2017. Brown's decision to take senior status created the lone vacancy on the court. The current vacancy warning level of this court is yellow. Under current law, the court has a total of six active judicial positions.

United States District Court for the Western District of Louisiana

Patricia Head Minaldi is an inactive senior federal judge. Though Minaldi is on senior status, she retired from judicial service due to a certified disability effective July 31, 2017. From 2003 to 2017, Minaldi served as a judge on the United States District Court for the Western District of Louisiana. Born in Somerville, Massachusetts, Minaldi graduated from Wesleyan University with her bachelor's degree in 1980 and from Tulane University School of Law with her J.D. in 1983. Minaldi was nominated to the United States District Court for the Western District of Louisiana by President George W. Bush on January 15, 2003, to a seat vacated by James Trimble. The American Bar Association rated Minaldi Unanimously Qualified for the nomination. Hearings on Minaldi's nomination were held before the Senate Judiciary Committee on April 1, 2003, and her nomination was reported by U.S. Sen. Orrin Hatch (R-Utah) on May 1, 2003. Minaldi was confirmed on a voice vote of the U.S. Senate on May 6, 2003, and she received her commission on May 9, 2003. Minaldi elected to take senior status due to a certified disability effective July 31, 2017; however, she is not hearing any cases on the court. Minaldi's inactive senior status created the fourth 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.

United States District Court for the Southern District of Florida

Kenneth Marra is a senior federal judge on the United States District Court for the Southern District of Florida. Born in Queens, New York, Marra graduated from the State University of New York (SUNY) at Stony Brook with his bachelor's degree in 1973 and from Stetson University College of Law with his J.D. in 1977. Marra was nominated to the United States District Court for the Southern District of Florida by President George W. Bush on January 23, 2002, to a new judgeship created by 114 Stat. 2762. The American Bar Association rated Marra Substantial Majority Well Qualified, Minority Qualified for the nomination. Hearings on Marra's nomination were held before the Senate Judiciary Committee on June 13, 2002, and his nomination was reported by U.S. Sen. Patrick Leahy (D-Vt.) on June 20, 2002. Marra was confirmed on a recorded 82-0 vote of the U.S. Senate on September 9, 2002, and he received his commission on September 13, 2002. Marra elected to take senior status beginning on August 1, 2017. Marra's decision to take senior status created the fifth vacancy on the court. The current vacancy warning level of this court is orange. Under current law, the court has a total of 18 active judicial positions.

United States District Court for the Eastern District of Oklahoma

James Payne is a senior federal judge principally assigned to the United States District Court for the Eastern District of Oklahoma. Payne also serves on as a senior judge on the U.S. district courts for the Northern District of Oklahoma and the Western District of Oklahoma. Payne served as the chief judge of the Eastern District of Oklahoma from 2002 to 2017. A native of Lubbock, Texas, Payne graduated from University of Oklahoma with his bachelor's degree in 1963 and from the University of Oklahoma College of Law with his J.D. in 1966. Prior to his nomination as a district judge, Payne served as a federal magistrate judge on the Eastern District of Oklahoma from 1988 to 2001. Payne was first nominated by President George W. Bush on August 2, 2001, to seats on the U.S. district courts for the Eastern, Western, and Northern Districts of Oklahoma vacated by Judge Billy Burrage. Under provisions of Rule XXXI, paragraph six of the standing rules of the Senate, Payne's nomination was returned to the president on August 3, 2001. President Bush resubmitted the nomination on September 4, 2001. The American Bar Association rated Payne Unanimously Well Qualified for the nomination. Hearings on Payne's nomination were held before the Senate Judiciary Committee on October 4, 2001, and his nomination was reported by U.S. Sen. Patrick Leahy (D-Vt.) on October 18, 2001. Payne was confirmed on a recorded 100-0 vote of the U.S. Senate on October 23, 2001, and he received his commission the next day. Payne elected to take senior status beginning on August 1, 2017. Payne's decision to take senior status created the lone vacancy on the Eastern District of Oklahoma. The current vacancy warning level of this court is red. Under current law, the court has two active judicial positions.

United States District Court for the Southern District of New York

P. Kevin Castel is a senior federal judge on the United States District Court for the Southern District of New York. Born in Jamaica, New York, Castel graduated from St. John`s University with his bachelor's degree in 1972 and from St. John`s University School of Law with his J.D. in 1975. Castel was nominated to the United States District Court for the Southern District of New York by President George W. Bush on March 5, 2003, to a seat vacated by Lawrence McKenna. The American Bar Association rated Castel Unanimously Well Qualified for the nomination. Hearings on Castel's nomination were held before the Senate Judiciary Committee on July 22, 2003, and his nomination was reported by U.S. Sen. Orrin Hatch (R-Utah) on July 31, 2003. Castel was confirmed on a voice vote of the U.S. Senate on September 17, 2003, and he received his commission on September 22, 2003. Castel elected to take senior status beginning on August 5, 2017. Castel's decision to take senior status created the third vacancy on the court. The current vacancy warning level of this court is yellow. Under current law, the court has a total of 28 active judicial positions.

United States District Court for the Northern District of West Virginia

Irene Patricia Murphy Keeley is a senior federal judge on the United States District Court for the Northern District of West Virginia. A native of Brooklyn, New York, Keeley graduated from the College of Notre Dame of Maryland with her bachelor's degree in 1965, from West Virginia University with her master's degree in 1977, and from West Virginia University College of Law with her J.D. in 1980. Keeley was nominated by President George H.W. Bush on April 1, 1992, to a new seat on the United States District Court for the Northern District of West Virginia created by 104 Stat. 5089. The American Bar Association rated Keeley Unanimously Qualified for the nomination. Hearings on Keeley's nomination were held before the Senate Judiciary Committee on June 4, 1992, and her nomination was reported by then-U.S. Sen. Joseph Biden (D-Del.) on June 11, 1992. Keeley was confirmed by the unanimous consent of the U.S. Senate on August 11, 1992, and she received her commission the next day. From 2001 to 2008, Keeley served as the district court's chief judge. Keeley elected to take senior status beginning on August 12, 2017. Keeley's decision to take senior status created the lone vacancy on the court. The current vacancy warning level of this court is orange. Under current law, the court has three active judicial positions.

United States District Court for the Middle District of Florida

James D. Whittemore is a senior federal judge on the United States District Court for the Middle District of Florida. A native of Walterboro, South Carolina, Whittemore graduated from the University of Florida with his bachelor's degree in 1974 and from Stetson University College of Law with his J.D. in 1977. Whittemore was nominated by President Bill Clinton on October 20, 1999, to a seat on the United States District Court for the Middle District of Florida vacated by William Hodges. The American Bar Association rated Whittemore Unanimously Well Qualified for the nomination. Hearings on Whittemore's nomination were held before the Senate Judiciary Committee on February 22, 2000, and his nomination was reported by U.S. Sen. Orrin Hatch (R-Utah) on March 2, 2000. Whittemore was confirmed on a voice vote of the U.S. Senate on May 24, 2000, and he received his commission the next day. He elected to take senior status beginning on August 29, 2017. Whittemore's decision to take senior status created the third vacancy on the court. The current vacancy warning level of this court is yellow. Under current law, the court has 15 active judicial positions.

New nominations

United States Court of Appeals for the 7th Circuit

Michael B. Brennan is a partner in the Milwaukee, Wisconsin-based office of Gass, Weber, Mullins LLC. On August 3, 2017, Brennan was nominated to a seat on the United States Court of Appeals for the 7th Circuit by President Donald Trump (R). Brennan received his undergraduate degree from the University of Notre Dame in 1986 and his J.D. from Northwestern University School of Law in 1989. During a period of his legal studies, Brennan served as the coordinating note and comment editor of the Northwestern University Law Review. He also won the Julius H. Miner Moot Court Competition during law school. The current vacancy warning level of this court is orange. Under current law, the court has 11 active judicial positions with three current vacancies.

United States Court of Appeals for the 8th Circuit

L. Steven Grasz is senior counsel in the Omaha, Nebraska-based office of Husch Blackwell LLP. On August 3, 2017, Grasz was nominated to a seat on the United States Court of Appeals for the 8th Circuit by President Donald Trump (R). Grasz earned his bachelor's degree, cum laude, from the University of Nebraska-Lincoln in 1984 and his J.D., Order of the Coif, from the University of Nebraska College of Law in 1989. During a period of his legal studies, Grasz served as the executive editor of the Nebraska Law Review. Also, he received the Roscoe Pound Award as the top oral advocate in his class. The current vacancy warning level of this court is orange. Under current law, the court has 11 active judicial positions with three current vacancies.

United States District Court for the District of Kansas

Holly Lou Teeter is an assistant U.S. attorney for the Western District of Missouri. On August 3, 2017, Teeter was nominated to a seat on the United States District Court for the District of Kansas by President Donald Trump (R). Teeter earned her bachelor's degree with highest distinction from the University of Kansas School of Engineering and her J.D. from the University of Kansas School of Law. She graduated first in her class from law school. During a period of her legal studies, Teeter served as a member of the Kansas Law Review. Teeter holds a diploma in legal studies from Oxford University. The current vacancy warning level of this court is orange. Under current law, the court has six active judicial positions with two current vacancies.

United States District Court for the District of South Carolina

Donald C. Coggins Jr. is a shareholder at the law firm of Harrison, White, Smith & Coggins, P.C., in Spartanburg, South Carolina. On August 3, 2017, Coggins was nominated to a seat on the United States District Court for the District of South Carolina by President Donald Trump (R). Coggins was previously nominated by President Barack Obama on February 25, 2016, to a seat on the same court. On January 3, 2017, Coggins' nomination was returned to President Obama at the sine die adjournment of the 114th Congress. Coggins earned his bachelor's degree from Clemson University in 1981 and his J.D. from the University of South Carolina School of Law in 1984. The current vacancy warning level of this court is yellow. Under current law, the court has ten active judicial positions with two current vacancies.

United States District Court for the District of South Carolina

A. Marvin Quattlebaum Jr. is a partner in the Greenville, South Carolina-based office of Nelson, Mullins, Riley, & Scarborough LLP. On August 3, 2017, Quattlebaum was nominated to a seat on the United States District Court for the District of South Carolina by President Donald Trump (R). Quattlebaum earned his bachelor's degree, cum laude, from Rhodes College in 1986 and his J.D. from the University of South Carolina School of Law in 1989. During a period of his legal studies, Quattlebaum served as a member of the South Carolina Law Review. The current vacancy warning level of this court is yellow. Under current law, the court has ten active judicial positions with two current vacancies.

United States District Court for the Western District of Louisiana

Terry A. Doughty is a judge on the Fifth Judicial District in Louisiana. On August 3, 2017, Doughty was nominated to a seat on the United States District Court for the Western District of Louisiana by President Donald Trump (R). Doughty graduated with a J.D. from the Louisiana State University Law Center in 1984. The current vacancy warning level of this court is red. Under current law, the court has seven active judicial positions with four current vacancies.

United States District Court for the Western District of Louisiana

Michael Juneau is a founding member and shareholder at Juneau David APLC, a Lafayette, Louisiana-based law firm. On August 3, 2017, Juneau was nominated to a seat on the United States District Court for the Western District of Louisiana by President Donald Trump (R). Juneau earned his bachelor's degree, magna cum laude, from Louisiana State University and his J.D., cum laude, from Harvard Law School. During his legal studies, Juneau was named best oralist at the Ames Moot Court Competition. The current vacancy warning level of this court is red. Under current law, the court has seven active judicial positions with four current vacancies.

United States District Court for the Eastern District of Kentucky

Robert Wier is a federal magistrate judge on the United States District Court for the Eastern District of Kentucky. He was appointed to this position on September 1, 2006, and was reappointed in 2014. His current term will expire on August 31, 2022. On August 3, 2017, Wier was nominated to a district judge position on the Eastern District of Kentucky by President Donald Trump (R). Judge Wier received his bachelor's degree from the University of Kentucky in 1989 and his J.D. from the University of Kentucky College of Law in 1992. The current vacancy warning level of this court is orange. Under current law, the court has six active judicial positions with two current vacancies.

New confirmations

United States Court of Appeals for the 11th Circuit

Kevin Newsom is a federal judge on the United States Court of Appeals for the 11th Circuit. A native of Birmingham, Alabama, Newsom earned his bachelor's degree, summa cum laude, from Samford University in 1994. He graduated first in his class from Samford University. Newsom earned his J.D. from Harvard Law School, magna cum laude, in 1997. During a period of his legal studies, Newsom was articles editor of the Harvard Law Review. Newsom was nominated by President Donald Trump (R) on May 8, 2017, to a seat on the Eleventh Circuit Court of Appeals vacated by Joel Dubina. The American Bar Association rated Newsom Unanimously Well Qualified for the nomination. 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. Newsom was confirmed on a recorded 66-31 vote of the U.S. Senate on August 1, 2017, and he received his commission the next day. The current vacancy warning level for the Eleventh Circuit is green. Under current law, the court has 12 active judicial positions.

Monthly map

See also

• United States federal courts
• Federal Court Vacancy Warning System
• Six-month checkup on federal judicial vacancies during Trump's first term
• Judicial vacancies during the Trump administration
• The Trump administration on federal courts