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The Federal Vacancy Count 9/28/2016

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



September 28, 2016

By Kevin Eirich

This month's Federal Vacancy Count includes nominations, confirmations, and vacancies from August 31, 2016, to September 27, 2016. Nominations, confirmations, and vacancies occurring on September 28, 2016, will be reflected in the October 2016 report.[1]

HIGHLIGHTS
  • Vacancies: There were four new vacancies since the August 2016 report, bringing the total number of vacancies to 103 out of 973 active judge positions.
  • Nominations: There were five new nominations since the August 2016 report. 65 presidential nominations are awaiting Senate action.
  • Confirmations: There were no new confirmations since the August 2016 report.


    • The vacancy warning level was raised to yellow this month after four new vacancies were announced. The total vacancy percentage was 10.58 percent, and there were 103 vacancies out of 973 positions. There were five new nominations from President Barack Obama since the August 2016 update. The total number of nominees waiting for Senate confirmation is 65, including 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. The remaining 38 federal vacancies represent positions where a nominee has not been named by the president.

    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.

    Vacancies by court

    Court # of Seats Vacancies
    Supreme Court 9 11.1% or 1 vacancy
    Appeals Courts 179 6.7% or 12 vacancies
    District Courts 677 11.2% or 76 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. Superior Court 62 6.4% or 4 vacancies
    All Judges 973 10.58% or 103 vacancies


    New vacancies

    The following judges vacated their active status on their respective courts, creating an Article III judicial vacancy. 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 2nd Circuit

    Gerard Lynch is a federal judge on senior status with the United States Court of Appeals for the 2nd Circuit. Born in Brooklyn, New York, in 1951, Judge Lynch earned his B.A. from Columbia College in 1972 and his J.D. from Columbia University School of Law in 1975. Lynch was nominated by President Barack Obama on April 2, 2009, to a seat on the United States Court of Appeals for the 2nd Circuit made vacant when Chester Straub was elevated to senior status. Lynch was rated Unanimously Well Qualified for the nomination by the American Bar Association. Hearings on Lynch's nomination were held before the United States Senate Committee on the Judiciary on May 12, 2009, and his nomination was reported by U.S. Sen. Patrick Leahy (D-Vt.) on June 11, 2009. Lynch was confirmed on a 94-3 vote of the U.S. Senate on September 17, 2009, and he received his commission on September 18, 2009. He assumed senior status on the court on September 5, 2016. The current vacancy warning level of this court is yellow. As of this report, the Second Circuit has two vacancies. Under current law, the court has a total of 13 active judicial positions.[2][3][4]
    FederalVacancy yellow.png


    United States District Court for the District of Arizona

    Susan Ritchie Bolton is a federal judge on senior status with the United States District Court for the District of Arizona. She joined the court in 2000 after being nominated by President Bill Clinton. A native of Philadelphia, Pennsylvania, Bolton earned her B.A. from the University of Iowa in 1973 and her J.D. from the University of Iowa College of Law in 1975. Bolton was nominated to the United States District Court for the District of Arizona by President Bill Clinton on July 21, 2000, to a seat vacated by Robert Broomfield. The American Bar Association rated Bolton Substantial Majority Well Qualified, Minority Qualified for the nomination. Hearings on Bolton's nomination were held before the United States Senate Committee on the Judiciary on July 25, 2000, and her nomination was reported by U.S. Sen. Orrin Hatch (R-Utah) on July 27, 2000. Bolton was confirmed on a voice vote of the U.S. Senate on October 3, 2000, and she received her commission on October 13, 2000. She assumed senior status on the court on September 1, 2016. The current vacancy warning level of this court is yellow. As of this report, the United States District Court for the District of Arizona has two vacancies. Under current law, the court has a total of 13 active judicial positions.[5][6][7]
    FederalVacancy yellow.png


    United States District Court for the Middle District of Georgia

    C. Ashley Royal is a federal judge on senior status with the United States District Court for the Middle District of Georgia. He joined the court in 2001 after being nominated by President George W. Bush. A native of Augusta, Georgia, Royal earned his bachelor's and master's degrees from the University of Georgia in 1971 and 1976, respectively. He earned his J.D. from the University of Georgia School of Law in 1974. Royal was nominated to the United States District Court for the Middle District of Georgia by President George W. Bush on September 9, 2001, to a seat vacated by Judge Duross Fitzpatrick, who assumed senior status. The American Bar Association rated Royal Substantial Majority Well Qualified, Minority Qualified for the nomination. Hearings on Royal's nomination were held before the United States Senate Committee on the Judiciary on December 5, 2001, and his nomination was reported by U.S. Sen. Patrick Leahy (D-Vt.) on December 13, 2001. Royal's nomination was confirmed on a voice vote of the U.S. Senate on December 20, 2001, and he received his commission the next day. Royal served as chief judge of the court from 2008 to 2014. He assumed senior status on September 1, 2016. The current vacancy warning level of this court is yellow. As of this report, the Middle District has one vacancy. Under current law, the court has a total of 4 active judicial positions.[8][9][10]
    FederalVacancy yellow.png


    United States District Court for the Western District of Texas

    Walter Smith Jr. was a federal judge for the United States District Court for the Western District of Texas. He joined the court in 1984 after being nominated by President Ronald Reagan. Smith graduated from Baylor University in Waco, Texas, earning his bachelor's degree in 1964 and his J.D. in 1966. Smith was nominated to the United States District Court for the Western District of Texas by President Ronald Reagan on September 11, 1984, to a new seat created by 98 Stat. 333. Smith was confirmed by the U.S. Senate on October 3, 1984, and he received his commission on October 4, 1984. He served as chief judge of the court from 2003 to 2010 and was succeeded in that role by Samuel Biery. He retired from the district bench on September 14, 2016. The current vacancy warning level of this court is yellow. As of this report, the Western District has two vacancies. Under current law, the court has a total of 13 active judicial positions.[11]
    FederalVacancy yellow.png


    New nominations

    See also: Supreme Court vacancy, 2016: An overview

    United States District Court for the District of Columbia

    Abid Riaz Qureshi is a partner in the Washington, D.C.-based office of Latham & Watkins LLP. He specializes in cases involving securities violations, the False Claims Act, and health care fraud. On September 6, 2016, President Barack Obama nominated him to serve as an Article III federal judge on the United States District Court for the District of Columbia. If confirmed, Qureshi would be the first Muslim-American to sit as an Article III federal judge. Qureshi earned his B.A. from Cornell University in 1993 and his J.D. from Harvard Law School in 1997. Qureshi has spent his entire legal career at Latham & Watkins LLP. He has served as global chair of the firm's pro bono committee since 2012. He was co-chair of the firm's litigation and trial department in Washington, D.C., from 2006 to 2011. Regarding Qureshi's nomination, President Obama said, "I am pleased to nominate Mr. Qureshi to serve on the United States District Court bench ... I am confident he will serve the American people with integrity and a steadfast commitment to justice." The American Bar Association rated Qureshi Unanimously Qualified for the nomination, with one member of the nominating committee recused from voting. The current vacancy warning level of this court is yellow. As of this report, the United States District Court for the District of Columbia has three vacancies. Under current law, the court has a total of 15 active judicial positions.[12][13][14][15]
    FederalVacancy yellow.png


    United States District Court for the Eastern District of New York

    Diane Gujarati is the deputy chief of the criminal division of the U.S. Attorney's Office for the Southern District of New York. She has served as an assistant U.S. attorney in the Southern District since 1999. On September 13, 2016, President Barack Obama nominated Gujarati to the United States District Court for the Eastern District of New York. Gujarati received her B.A. from Barnard College of Columbia University in 1990 and her J.D. from Yale Law School in 1995. President Obama said regarding the nomination, "I am pleased to nominate Diane Gujarati to serve on the United States District Court bench ... I am confident she will serve the American people with distinction." The American Bar Association rated Gujarati Unanimously Well Qualified for the nomination. The current vacancy warning level of this court is yellow. As of this report, the Eastern District has two vacancies. Under current law, the court has a total of 15 active judicial positions.[16][17]
    FederalVacancy yellow.png


    Superior Court of the District of Columbia

    Julie Breslow is a magistrate judge for the Superior Court of the District of Columbia. She was appointed to the court on September 11, 2002. On September 27, 2016, President Barack Obama nominated Breslow to be an associate judge on the Superior Court. Breslow received her undergraduate degree from Union College in 1987 and her J.D. from Albany Law School in 1989. The president gave the following remarks on Breslow's nomination: "I am pleased to nominate Judge Julie Rebecca Breslow, Deborah J. Israel, and Carmen Guerricagoitia McLean to serve on the Superior Court of the District of Columbia ... I am confident they will serve the District of Columbia with integrity and a steadfast commitment to justice." Breslow's nomination will be considered by the United States Senate Committee on Homeland Security and Governmental Affairs. The current vacancy warning level of this court is blue. As of this report, the Superior Court has four vacancies. Under current law, the court has a total of 62 active judicial positions.[18][19]
    FederalVacancy Blue.png


    Superior Court of the District of Columbia

    Deborah J. Israel is a partner in the Washington, D.C.-based office of Womble, Carlyle, Sandridge, & Rice LLP. She been a partner at the firm since 2004. On September 27, 2016, President Barack Obama nominated Israel to be an associate judge on the Superior Court of the District of Columbia. Israel earned her B.A. from Rutgers University in 1986 and her J.D. from Rutgers School of Law in 1990. The president gave the following remarks on Israel's nomination: "I am pleased to nominate Judge Julie Rebecca Breslow, Deborah J. Israel, and Carmen Guerricagoitia McLean to serve on the Superior Court of the District of Columbia ... I am confident they will serve the District of Columbia with integrity and a steadfast commitment to justice." Israel's nomination will be considered by the United States Senate Committee on Homeland Security and Governmental Affairs. The current vacancy warning level of this court is blue. As of this report, the Superior Court has four vacancies. Under current law, the court has a total of 62 active judicial positions.[18][19]
    FederalVacancy Blue.png


    Superior Court for the District of Columbia

    Carmen Guerricagoitia McLean is a partner in the Washington, D.C.-based office of Jones Day. She been a partner at the firm since 2011. On September 27, 2016, President Barack Obama nominated Israel to be an associate judge on the Superior Court of the District of Columbia. McLean earned her B.Sc. from George Fox University in 1998 and her J.D. from Georgetown University Law Center in 2001. The president gave the following remarks on McLean's nomination: "I am pleased to nominate Judge Julie Rebecca Breslow, Deborah J. Israel, and Carmen Guerricagoitia McLean to serve on the Superior Court of the District of Columbia ... I am confident they will serve the District of Columbia with integrity and a steadfast commitment to justice." McLean's nomination will be considered by the United States Senate Committee on Homeland Security and Governmental Affairs. The current vacancy warning level of this court is blue. As of this report, the Superior Court has four vacancies. Under current law, the court has a total of 62 active judicial positions.[18][19]
    FederalVacancy Blue.png


    New confirmations

    There have been no new federal judicial confirmations by the U.S. Senate since our August 2016 update.

    Monthly map

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    See also

    Footnotes

    1. ↑ 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 from these courts at this time.
    2. ↑ Federal Judicial Center, "Biographical directory of federal judges," accessed June 6, 2016
    3. ↑ American Bar Association, "Ratings of Article III judicial nominees, 111th Congress," accessed June 6, 2016
    4. ↑ United States Congress, "PN 263 - Gerard E. Lynch - The Judiciary," accessed June 6, 2016
    5. ↑ Federal Judicial Center, "Biographical directory of federal judges," accessed August 31, 2016
    6. ↑ American Bar Association, "Ratings of Article III judicial nominees, 106th Congress," accessed August 31, 2016
    7. ↑ United States Congress, "PN 1157 - Susan Ritchie Bolton - The Judiciary," accessed August 31, 2016
    8. ↑ Federal Judicial Center, "Biographical directory of federal judges," accessed August 31, 2016
    9. ↑ American Bar Association, "Ratings of Article III judicial nominees, 107th Congress," accessed August 31, 2016
    10. ↑ United States Congress, "PN 1118 - C. Ashley Royal - The Judiciary," accessed August 31, 2016
    11. ↑ Federal Judicial Center, "Biographical directory of federal judges," accessed September 20, 2016
    12. ↑ The White House, "President Obama nominates Abid Riaz Qureshi to serve on the United States District Court for the District of Columbia," September 6, 2016
    13. ↑ Buzzfeed.com, "Obama nominates first Muslim-American for federal judge," September 7, 2016
    14. ↑ Latham and Watkins LLP, "Abid R. Qureshi," accessed September 6, 2016
    15. ↑ American Bar Association, "Ratings of Article III and Article IV judicial nominees," accessed September 8, 2016
    16. ↑ The White House, "President Obama Nominates Diane Gujarati to Serve on the United States District Court for the Eastern District of New York," September 13, 2016
    17. ↑ American Bar Association, "Ratings of Article III and Article IV judicial nominees, 114th Congress," accessed September 14, 2016
    18. ↑ 18.0 18.1 18.2 The White House, "President Obama nominates three to serve on the Superior Court of the District of Columbia," September 27, 2016
    19. ↑ 19.0 19.1 19.2 The White House, "Presidential nominations sent to the Senate," September 27, 2016
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