David Counts

American judge (born 1961)

This article is about the American judge. For the Texas politician, see David Counts (politician).

Walter David Counts III

Judge of the United States District Court for the Western District of Texas

Incumbent

Assumed office
January 17, 2018
Appointed by| Donald Trump
Preceded by| Robert A. Junell
Magistrate Judge of the United States District Court for the Western District of Texas
In office
2009 – January 17, 2018
Personal details
Born| 1961 (age 62-63)
Knox City, Texas, U.S.
Education| Texas Tech University (BA)
St. Mary's University (JD)
Military service
Allegiance|  United States
Branch/service|  United States Army
Texas Army National Guard
Years of service| 1989–2019
Rank|  Colonel
Battles/wars| Afghanistan War
Awards|

See list

* Legion of Merit
Bronze Star Medal
Meritorious Service Medal (2)
Army Commendation Medal (3)
Army Achievement Medal
Army Reserve Components Achievement Medal (5)
National Defense Service Medal
Afghanistan Campaign Medal
Global War on Terrorism Service Medal
Armed Forces Reserve Medal
Army Service Ribbon
Overseas Service Ribbon
Army Reserve Components Overseas Training Ribbon (6)
Texas Outstanding Service Medal
Texas Combat Service Ribbon
Texas Faithful Service Medal (4)

Walter David Counts III (born 1961) is a United States district judge of the United States District Court for the Western District of Texas. He was formerly a United States magistrate judge of the same court.

## Biography

[edit]

Counts received a Bachelor of Arts degree in 1983 from Texas Tech University. He received a Juris Doctor in 1986 from St. Mary's University School of Law. He began his legal career as an associate at the law firm of Martin, Cox, Greenberg & Jones. From 1987 to 1995, he served as an Assistant District Attorney for the Travis County District Attorney's Office, with the exception of a six-month period from 1990 to 1991, when he worked as a solo practitioner. From 1995 to 2009, he served as an Assistant United States Attorney for the Western District of Texas. From 2009 to 2018, Counts served as a United States magistrate judge of the United States District Court for the Western District of Texas.[1] Concurrently with his other service, Counts has served in the Texas National Guard since 1986, serving as a State Judge Advocate since 2006. He currently holds the rank of colonel.[1]

## Federal judicial service

[edit]

### Expired district court nomination under Obama

[edit]

On March 15, 2016, President Barack Obama nominated Counts to serve as a United States District Judge of the United States District Court for the Western District of Texas, to the seat vacated by Judge Robert A. Junell, who assumed senior status on February 13, 2015.[2] On September 7, 2016, a hearing before the Senate Judiciary Committee was held on his nomination.[3] His nomination expired on January 3, 2017, with the end of the 114th Congress.

### Renomination to district court under Trump

[edit]

His renomination was announced on September 7, 2017.[4] On September 11, 2017, his nomination was officially sent to the Senate. He was renominated to the same seat.[5] On October 26, 2017, his nomination was reported out of committee by a voice vote.[6] On January 11, 2018, the United States Senate invoked cloture on his nomination by a 90–1 vote.[7] Counts was confirmed later that day by a 96–0 vote.[8] He received his judicial commission on January 17, 2018.[9]

### Notable rulings

[edit]

On September 19, 2022, he declared that felony defendants (i.e. people who are under felony indictment) have a right to buy guns, striking down a federal law that stipulated the opposite.[10]

## See also

[edit]

* Barack Obama judicial appointment controversies

## References

[edit]

1. ^ a b "President Obama Nominates Six to Serve on the United States District Courts" White House, March 15, 2016
2. ^ "Presidential Nominations Sent to the Senate" White House, March 15, 2016
3. ^ United States Senate Committee on the Judiciary: Nominations for September 7, 2016
4. ^ "President Donald J. Trump Announces Seventh Wave of Judicial Candidates", White House, September 7, 2017
5. ^ PN1015 — Walter David Counts III — The Judiciary, Congress.gov, September 11, 2017
6. ^ "Results of Executive Business Meeting – October 26, 2017" (PDF). Senate Judiciary Committee.
7. ^ "On the Cloture Motion (Motion to Invoke Cloture on the Nomination of Walter David Counts III, of Texas, to be United States District Judge for the Western District of Texas)". United States Senate. January 11, 2018. Retrieved November 19, 2022.
8. ^ "On the Nomination (Confirmation Walter David Counts III, of Texas, to be United States District Judge for the Western District of Texas)". United States Senate. January 11, 2018. Retrieved January 11, 2018.
9. ^ David Counts at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.
10. ^ Raymond, Nate (September 19, 2022). "Americans under felony indictment have a right to buy guns, judge rules". Reuters. Retrieved June 27, 2023.

## External links

[edit]

* David Counts at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.
* Walter David Counts III at Ballotpedia

Legal offices

Preceded by

Robert A. Junell

|  Judge of the United States District Court for the Western District of Texas
2018–present  | Incumbent

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