The Federal Vacancy Count 12#28#2017

## Contents

* 1 December 28, 2017
* 2 Vacancies by court
* 3 New vacancies
* 3.1 United States District Court for the Western District of Virginia
* 3.2 United States Court of Appeals for the Ninth Circuit
* 4 New nominations
* 4.1 United States Court of Appeals for the 10th Circuit
* 4.2 United States District Court for the Western District of Pennsylvania
* 4.3 United States District Court for the District of Delaware
* 4.4 United States District Court for the District of Connecticut
* 4.5 United States District Court for the Eastern District of Wisconsin
* 4.6 United States District Court for the Western District of Pennsylvania
* 4.7 United States District Court for the Eastern District of Pennsylvania
* 4.8 United States District Court for the District of Delaware
* 4.9 United States District Court for the District of Hawaii
* 4.10 United States District Court for the Middle District of Florida
* 5 New confirmations
* 5.1 United States Court of Appeals for the 8th Circuit
* 5.2 United States Court of Appeals for the 5th Circuit
* 5.3 United States Court of Appeals for the 5th Circuit
* 6 Monthly map
* 7 See also
* 8 Footnotes

| Key:

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

### December 28, 2017[edit]

This month's Federal Vacancy Count includes nominations, confirmations, and vacancies from November 29, 2017, to December 28, 2017.[1][2]

HIGHLIGHTS

* Vacancies: There were two new Article III life-term judicial vacancies since the November 2017 report. Judge Glen Conrad elected to take senior status on the United States District Court for the Western District of Virginia beginning on December 11, 2017. Judge Alex Kozinski elected to retire from the United States Court of Appeals for the Ninth Circuit on December 18, 2017. Not counting the three nominees confirmed in December, there are 143 vacancies out of 870 active judicial positions on courts covered in this report.

* Nominations: There were ten new Article III life-term nominations since the November 2017 report.

* Confirmations: There were three new Article III life-term confirmations since the November 2017 report.

The vacancy warning level remained at yellow this month after two new Article III life-term judicial vacancies were announced. Judge Glen Conrad elected to take senior status on the United States District Court for the Western District of Virginia beginning on December 11, 2017. Judge Alex Kozinski elected to retire from the United States Court of Appeals for the Ninth Circuit on December 18, 2017. The total vacancy percentage was 16.44 percent and there were 143 vacancies out of 870 Article III life-term judicial positions. There have been ten new nominations since the November 2017 report. There have been three new confirmations since the November 2017 report.

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 of Trump's first term in office, see our special report
See also: The Trump administration on federal courts

### Vacancies by court[edit]

Court  | # of Seats  | Vacancies

|
|

Supreme Court | 9  | 0% or 0 vacancies
Appeals Courts[3] | 179  | 8.38% or 15 vacancies
District Courts | 673  | 17.83% or 120 vacancies
International Trade | 9  | 22.2% or 2 vacancies
All Article III life-term judicial positions | 870  | 16.44% or 143 vacancies

## New vacancies[edit]

The following judges vacated their active statuses, creating two Article III life-term judicial vacancies. As Article III judicial positions, these vacancies must be filled by a nomination from the president. Nominations are then subject to confirmation on the advice and consent of the U.S. Senate.

### United States District Court for the Western District of Virginia[edit]

Glen Conrad is a senior federal judge on the United States District Court for the Western District of Virginia. Born in Radford, Virginia, Conrad graduated from the College of William and Mary with his bachelor's degree in 1971 and also graduated from the College of William and Mary's Marshall Wythe School of Law with his Juris Doctor degree in 1974. On the recommendation of U.S. Senators John W. Warner and George Allen, Conrad was nominated to the United States District Court for the Western District of Virginia by President George W. Bush on April 28, 2003 to a seat vacated by James Turk as Turk assumed senior status. Conrad was confirmed by the U.S. Senate on September 22, 2003, and received his commission on September 24, 2003.[4] He elected to take senior status on December 11, 2017.[5] Conrad's decision to take senior status created the first vacancy on the court. The current vacancy warning level of this court is orange. Under current law, the court has a total of five active judicial positions.  |

|

### United States Court of Appeals for the Ninth Circuit[edit]

Alex Kozinski retired from his seat on the United States Court of Appeals for the Ninth Circuit. A native of Bucharest, Romania, Kozinski received his bachelor's degree from UCLA in 1972 and his J.D. from the University of California, Los Angeles, School of Law in 1975. On June 5, 1985, Kozinski was nominated by President Ronald Reagan to a new seat on the United States Court of Appeals for the Ninth Circuit created by 98 Stat. 333. Hearings on Kozinski's nomination were held before the United States Senate Committee on the Judiciary on July 17, 1985, and his nomination was reported on September 12, 1985. Kozinski was confirmed on a 54-43 recorded vote of the U.S. Senate on November 7, 1985, and he received his commission the same day.

Kozinski was mentioned during the wave of sexual assault and misconduct allegations during late 2017. On December 14, Ninth Circuit Chief Judge Sidney Thomas began a review of the misconduct allegations against Kozinski. To read more, click here. Kozinski announced his immediate retirement on December 18, 2017.[6] Kozinski's decision to retire 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 29 active judicial positions.

|

## New nominations[edit]

### United States Court of Appeals for the 10th Circuit[edit]

Joel Carson is a part-time federal magistrate judge for the United States District Court for the District of New Mexico. On December 20, 2017, President Donald Trump (R) nominated Carson to a vacancy on the United States Court of Appeals for the 10th Circuit.[7]

Carson earned his B.B.A. from Texas Tech University and his J.D. from the University of New Mexico School of Law. The current vacancy warning level of this court is green. Under current law, the court has seven active judicial positions with no vacancies. Carson was nominated to fill a seat that will become vacant next year.

|

### United States District Court for the Western District of Pennsylvania[edit]

Susan Baxter is a federal magistrate judge for the United States District Court for the Western District of Pennsylvania. On December 20, 2017, President Donald Trump nominated Baxter to be an Article III federal judge for the United States District Court for the Western District of Pennsylvania.[8] She was previously nominated to this court by President Barack Obama on July 30, 2015. That nomination was returned to President Obama at the sine die adjournment of the 114th Congress.[9]

She received her B.S. degree from Pennsylvania State University in 1978, her Master of Education degree from Temple University in 1980, and her J.D. degree from the Temple University School of Law in 1983.[8] The current vacancy warning level of this court is red. Under current law, the court has 10 active judicial positions with five current vacancies.

|

### United States District Court for the District of Delaware[edit]

Colm Connolly is a federal magistrate judge for the United States District Court for the District of Delaware. On December 20, 2017, President Donald Trump nominated him to serve as an Article III federal judge on the United States District Court for the District of Delaware.[8]

Connolly earned his B.A. from the University of Notre Dame, his M.Sc. from the London School of Economics, and his J.D. from Duke University School of Law.[8] The current vacancy warning level of this court is red. Under current law, the court has four active judicial positions with two current vacancies.

|

### United States District Court for the District of Connecticut[edit]

Kari A. Dooley is a judge on the Waterbury District Superior Court in Connecticut.[10] On December 20, 2017, President Donald Trump nominated her to a seat on the United States District Court for the District of Connecticut.[8]

Dooley received her undergraduate degree in 1985 from Cornell University. She was awarded a J.D. from the University of Connecticut, School of Law in 1988.[11] The current vacancy warning level of this court is yellow. Under current law, the court has eight active judicial positions with one current vacancy.

|

### United States District Court for the Eastern District of Wisconsin[edit]

Gordon Giampietro is an assistant general counsel of the Northwestern Mutual Life Insurance Company. On December 20, 2017, President Donald Trump nominated him to serve as an Article III federal judge on the United States District Court for the Eastern District of Wisconsin.[8]

Giampietro earned his B.A. and his J.D. from the Catholic University of America in Washington, D.C.[8] The current vacancy warning level of this court is yellow. Under current law, the court has five active judicial positions with one current vacancy.

|

### United States District Court for the Western District of Pennsylvania[edit]

Marilyn J. Horan is a judge on the Butler County Court of Common Pleas in Pennsylvania.[12] On December 20, 2017, President Donald Trump nominated Horan to the United States District Court for the Western District of Pennsylvania.[8]

Horan earned her undergraduate degree from Pennsylvania State University and her J.D. from the University of Pittsburgh. Horan worked as an attorney and as a partner at Murrin, Taylor, Flach and Horan. The current vacancy warning level of this court is red. Under current law, the court has 10 active judicial positions with five current vacancies.

|

### United States District Court for the Eastern District of Pennsylvania[edit]

Chad F. Kenney, Sr. is a judge on the  Delaware County Court of Common Pleas in Pennsylvania. On December 20, 2017, President Donald Trump nominated Kenney to the United States District Court for the Eastern District of Pennsylvania.[8]

Kenney earned his undergraduate degree from Villanova University and his J.D. from Temple University.[13] The current vacancy warning level of this court is yellow. Under current law, the court has 22 active judicial positions with four current vacancies.

|

### United States District Court for the District of Delaware[edit]

Maryellen Noreika is a partner in the Wilmington law firm of Morris, Nichols, Arsht & Tunnell LLP. On December 20, 2017, President Donald Trump nominated her to serve as an Article III federal judge on the United States District Court for the District of Delaware.[8]

Noreika earned her B.S. from Lehigh University, her M.A. from Columbia University, and her J.D., magna cum laude, from the University of Pittsburgh.[8] The current vacancy warning level of this court is red. Under current law, the court has four active judicial positions with two current vacancies.

|

### United States District Court for the District of Hawaii[edit]

Jill Otake is an assistant United States attorney and acting chief of the Special Crime Section in the United States Attorney’s Office for the District of Hawaii. On December 20, 2016, President Donald Trump nominated her to serve as an Article III federal judge on the United States District Court for the District of Hawaii.[8]

Otake earned her B.S., cum laude, from Georgetown University and her J.D. from the University of Washington School of Law.[8] The current vacancy warning level of this court is orange. Under current law, the court has four active judicial positions with one current vacancy.

|

### United States District Court for the Middle District of Florida[edit]

William Jung is a partner at the Tampa, Fla.-based law firm of Jung and Sisco, P.A. (formerly Black & Jung, P.A.). He co-founded the firm in 1993. On December 21, 2017, President Donald Trump (R) nominated him to serve as an Article III federal judge on the United States District Court for the Middle District of Florida.[14]

Jung earned his bachelor's degree, magna cum laude, from Vanderbilt University in 1980. He earned his J.D., summa cum laude, from the University of Illinois College of Law in 1983.[8] The current vacancy warning level of this court is yellow. Under current law, the court has 15 active judicial positions with three current vacancies.

|

## New confirmations[edit]

### United States Court of Appeals for the 8th Circuit[edit]

Steven Grasz was confirmed to a seat on the United States Court of Appeals for the 7th Circuit. 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.[15] From 2002 until his confirmation, he was in private practice in Omaha, Nebraska. He was also previously the Chief deputy attorney general of Nebraska and a legislative assistant to U.S. Rep. Virginia Smith (R-Neb.).[15]

Grasz was nominated by President Donald Trump (R) on August 3, 2017, to a seat on the United States Court of Appeals for the 8th Circuit vacated by William Riley. Hearings on Grasz's nomination were held before the Senate Judiciary Committee on November 1, 2017.[7][9][16]

Grasz was confirmed on a recorded 50-48 vote of the U.S. Senate on December 12, 2017. He will join the court upon taking his judicial oath and receipt of his judicial commission. Currently, the vacancy warning level for the Eighth Circuit is set at yellow. The court currently has two vacancies, one of which will be filled after Grasz receives his commission.

|

### United States Court of Appeals for the 5th Circuit[edit]

Don Willett was confirmed to a seat on the United States Court of Appeals for the 5th Circuit. Willett received his B.B.A. from Baylor University in 1988 and his A.M. from Duke University in 1992. He also received his J.D. from Duke University School of Law in 1992.[17] Until his confirmation, Willett served as a justice on the Texas Supreme Court. After graduating from law school, Willett clerked for Judge Jerre Williams on the United States Court of Appeals for the 5th Circuit. In 1996, he joined former Governor George W. Bush's administration as the director of Research & Special Projects. He also worked with the Bush-Cheney 2000 presidential campaign and transition team as the special adviser on Domestic Policy & Special Projects. He then served as a special assistant to President Bush and then as a deputy attorney general for the U.S. Department of Justice. In 2003, he joined Texas Attorney General Greg Abbott's office as chief legal adviser, where he worked until his appointment to the Texas Supreme Court in 2005.[17]

He was appointed to the Texas Supreme Court by Republican Governor Rick Perry and took office on August 24, 2005. President Donald Trump (R) nominated Willett to a seat on the United States Court of Appeals for the 5th Circuit on October 3, 2017.[7][9] On December 13, 2017, the United States Senate confirmed Willett to a seat on the United States Court of Appeals for the 5th Circuit on a recorded vote of 50-47. He will join the Fifth Circuit upon taking his judicial oath and receipt of his judicial commission.[18] The vacancy warning level for the Fifth Circuit is yellow. The court has four vacancies out of its seventeen posts. Two of those vacancies will be filled when Willett and James Ho receive their judicial commissions.

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### United States Court of Appeals for the 5th Circuit[edit]

James Ho was confirmed to a seat on the United States Court of Appeals for the 5th Circuit. A native of Taiwan, Ho earned his bachelor's degree with honors from Stanford University in 1995. He earned his J.D. with high honors from the University of Chicago in 1999.[7][19]

Until his confirmation, Ho was a partner at the Dallas, Texas-based office of Gibson, Dunn, and Crutcher LLP, where he served as co-chair of the firm's appellate and constitutional law practice group. He was previously Solicitor General of Texas from 2008-2010, law clerk to U.S. Supreme Court Justice Clarence Thomas from 2005-2006, and law clerk to Judge Jerry E. Smith on the U.S. Court of Appeals for the Fifth Circuit from 1999-2000. President Donald Trump (R) nominated Ho to a vacancy on the United States Court of Appeals for the 5th Circuit on October 16, 2017.[7] On December 14, 2017, the United States Senate confirmed Ho to a seat on the Fifth Circuit on a recorded vote of 53-43. He will join the Fifth Circuit upon taking his judicial oath and receipt of his judicial commission. The vacancy warning level for the Fifth Circuit is yellow. The court has four vacancies out of its seventeen posts. Two of those vacancies will be filled when Ho and Don Willett receive their judicial commissions.

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## Monthly map[edit]

## See also[edit]

* United States federal courts
* Current federal judicial vacancies
* Six-month checkup on federal judicial vacancies during Trump's first term
* Judicial vacancies during the Trump administration
* The Trump administration on federal courts

## Footnotes[edit]

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, includes information from U.S. district courts.
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. ↑ The vacancy number of 15 does not include the three newly-confirmed nominees; they are expected to receive their judicial commissions in the coming days.
4. ↑ The Library of Congress, Glen E. Conrad USDC, WDVA confirmation: PN537-108
5. ↑ U.S. Courts, "Current Judicial Vacancies," accessed December 27, 2017
6. ↑ Washington Post, "Federal appeals judge announces immediate retirement amid investigation prompted by multiple accusations of sexual misconduct," December 18, 2017
7. ↑ 7.0 7.1 7.2 7.3 7.4 The White House, "President Donald J. Trump Announces Ninth Wave of Judicial Nominees and Tenth Wave of United States Attorney Nominees," December 20, 2017 Cite error: Invalid `<ref>` tag; name "nom" defined multiple times with different content Cite error: Invalid `<ref>` tag; name "nom" defined multiple times with different content
8. ↑ 8.00 8.01 8.02 8.03 8.04 8.05 8.06 8.07 8.08 8.09 8.10 8.11 8.12 8.13 The White House, "President Donald J. Trump Announces Ninth Wave of Judicial Nominees and Tenth Wave of United States Attorney Nominees," December 20, 2017 Cite error: Invalid `<ref>` tag; name "nomination" defined multiple times with different content
9. ↑ 9.0 9.1 9.2 United States Congress, "PN 748 — Susan Paradise Baxter — The Judiciary," accessed January 3, 2017 Cite error: Invalid `<ref>` tag; name "congress" defined multiple times with different content
10. ↑ Connecticut Judicial Branch, "Superior Court Judges," accessed June 3, 2014
11. ↑ Connecticut General Assembly "Judiciary Committee, Hearing Transcript" November 8, 2004, accessed June 20, 2013
12. ↑ Pennsylvania Courts, "Common Pleas Judges," accessed August 3, 2015
13. ↑ Martindale, "Judge Profile: Chad F. Kenney, Sr.," accessed June 18, 2013
14. ↑ Tampa Bay Times, "Trump nominates Tampa lawyer for U.S. District Court bench," December 21, 2017
15. ↑ 15.0 15.1 National Review, "Who is Steve Grasz?" accessed August 9, 2017
16. ↑ American Bar Association, "Ratings of Article III and Article IV judicial nominees, 115th Congress," accessed October 30, 2017
17. ↑ 17.0 17.1 Texas Judicial Branch, "Justice Don R. Willett," accessed December 9, 2016
18. ↑ The Texas Tribune, "Texan Don Willett confirmed by U.S. Senate to federal 5th Circuit Court," December 13, 2017
19. ↑ Gibson, Dunn, & Crutcher LLP, "James C. Ho, Partner," accessed September 29, 2017

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