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Utah judgeship vacancy deemed an emergency

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July 14, 2012

Salt Lake City, Utah: A vacancy in the District of Utah created by Judge Tena Campbell's move to senior status in January 2011 has been deemed an "emergency" by court officials.[1]

The nominee awaiting confirmation, Robert Shelby, is currently stuck in "limbo amid partisan gridlock," and it’s unclear if the Senate will approve him before its August recess.[1]

A judicial emergency is declared when a vacancy has caused the court to overflow with cases with too few judges to hear them, slowing down judicial process.[1] Nominee Robert Shelby was appointed by Barack Obama in 2011 and was approved by the Senate Judiciary Committee in April, but the full Senate has yet to vote on him.

Often, nominees considered a "judicial emergency" get preference for the Senate to hear and vote on quickly. Carl Tobias, a law professor at the University of Richmond in Virginia explains, "It lets the members of the Senate and Judiciary Committee know it’s more urgent. ... The point is, this needs to be filled as soon as possible."[1]

Tobias also speculated that the Senate has been slow to fill district and circuit court openings mostly due to partisan politics playing out in Washington.[1]

The office of Senator Orrin Hatch of Utah (R) indicated that how soon a confirmation vote on Shelby happens would be up to Senate Majority Leader Harry Reid (D) from Nevada.[1] Spokesman Matthew Harakal said that Hatch is confident Shelby should have no trouble being confirmed since there is no controversy surrounding him and he’s qualified.[1]

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