Tagvacancy

Ballotpedia releases federal judicial vacancy count for July 2021

In this month’s federal judicial vacancy count, Ballotpedia tracked nominations, confirmations, and vacancies in Article III courts from July 2 to Aug. 1. Ballotpedia publishes the federal judicial vacancy count at the start of each month.

HIGHLIGHTS

  • Vacancies: There have been two new judicial vacancies since the June 2021 report. There are 79 vacancies out of 870 active Article III judicial positions on courts covered in this report. Including the U.S. Court of Federal Claims and the U.S. territorial courts, 84 of 890 active federal judicial positions are vacant.
  • Nominations: There were no new nominations since the June 2021 report.
  • Confirmations: There has been one new confirmation since the June 2021 report.

Two judges left active status, creating Article III life-term judicial vacancies, since the previous vacancy count. As Article III judicial positions, vacancies must be filled by a nomination from the president. Nominations are subject to confirmation on the advice and consent of the U.S. Senate.

U.S. Court of Appeals vacancies

The following chart tracks the number of vacancies on the United States Court of Appeals from the inauguration of President Joe Biden (D) to the date indicated on the chart.

The following maps show the number of vacancies on the United States Court of Appeals at the inauguration of President Joe Biden (D) and as of Aug. 1.

File:UUbHy-court-of-appeals-vacancies-biden-inauguration-.png

New nominations

President Joe Biden (D) has announced no new nominations since the June 2021 report.

New confirmations

As of Aug. 1, the Senate has confirmed eight of President Biden’s judicial nominees—five district court judges and three appeals court judges—since January 2021.

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Lynn DeCoite appointed to Hawaii State Senate, creating vacancy in state House

Hawaii Governor David Ige (D) appointed Lynn DeCoite (D) to the District 7 seat in the Hawaii State Senate on June 17. The seat became vacant in May when former state Sen. Jamie Kalani English (D) retired due to the long-term health effects of a past COVID-19 infection. DeCoite to serve the remainder of Kalani English’s term, which was set to expire in November 2022.

At the time she was appointed, DeCoite was serving her fourth term in the Hawaii House of Representatives. Governor Ige appointed DeCoite to represent District 13 in February 2015, after former state Rep. Mele Carroll (D) resigned. DeCoite won re-election in 2016, 2018, and 2020.

DeCoite’s appointment to the state Senate creates a vacancy in the state House. When a vacancy occurs in the Hawaii legislature, the governor must appoint a replacement within 60 days after the vacancy happens. The governor selects from a list of three prospective candidates submitted by the political party that last held the vacant seat.

Hawaii is one of ten states that fill state legislative vacancies through gubernatorial appointment.

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Ohio House of Representatives expels former speaker Larry Householder

The Ohio House of Representatives voted 75-21 on June 16 to expel former House Speaker Larry Householder (R).

Householder was arrested on July 21, 2020, and charged with conspiracy to participate in a racketeering scheme. He allegedly participated in a $60 million bribery case related to the legislative passage of a $1.5 billion funding bill for two nuclear power plants. Four other people, including former Ohio Republican Party Chairman Matt Borges, were also arrested.

“I have not nor have I ever taken a bribe or solicited or been solicited for taking a bribe,” Householder said. Majority leader Bill Seitz (R) defended Householder, saying, “There is no evidence against Larry Householder, only allegations.”

Minority leader Emilia Sykes (D) said in a statement, “There’s no enjoyment in today’s news which will no doubt lead to the further deterioration of the public’s trust in our institutions.”

Householder previously served in the House from 1997 to 2004 and was again elected to represent District 72 in 2016. He was elected Speaker of the House in 2019.

Householder is the fourth state legislator to be removed from office so far in 2021. In 2020, only one legislator was removed from office.

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Ballotpedia releases federal judicial vacancy count for May 2021

In this month’s federal judicial vacancy count, Ballotpedia tracked nominations, confirmations, and vacancies in Article III courts from May 1 to June 1. Ballotpedia publishes the federal judicial vacancy count at the start of each month.

HIGHLIGHTS

• Vacancies: There have been six new judicial vacancies since the April 2021 report. There are 81 vacancies out of 870 active Article III judicial positions on courts covered in this report. Including the U.S. Court of Federal Claims and the U.S. territorial courts, 85 of 890 active federal judicial positions are vacant.

• Nominations: There were six new nominations since the April 2021 report.

• Confirmations: There have been no new confirmations since the April 2021 report.

Six judges left active status, creating Article III life-term judicial vacancies, since the previous vacancy count. As Article III judicial positions, vacancies must be filled by a nomination from the president. Nominations are subject to confirmation on the advice and consent of the U.S. Senate.

• Judge Ursula Ungaro assumed senior status on the U.S. District Court for the Southern District of Florida.

• Judge Thomas Thrash assumed senior status on the U.S. District Court for the Northern District of Georgia.

• Judge Evan Wallach assumed senior status on the U.S. Court of Appeals for the Federal Circuit.

• Judge Anthony Trenga assumed senior status on the U.S. District Court for the Eastern District of Virginia.

• Judge Petrese Tucker assumed senior status on the U.S. District Court for the Eastern District of Pennsylvania.

• Judge Denny Chin assumed senior status on the U.S. Court of Appeals for the 2nd Circuit.

U.S. Court of Appeals vacancies

The following chart tracks the number of vacancies on the United States Court of Appeals from the inauguration of President Joe Biden (D) to the date indicated on the chart.

File:BKYS4-u-s-court-of-appeals-vacancies(6-1-21).png

The following maps show the number of vacancies on the United States Court of Appeals at the inauguration of President Joe Biden (D) and as of June 1.

File:UUbHy-court-of-appeals-vacancies-biden-inauguration-.png
File:T7YhD-court-of-appeals-vacancies-june-1-2021-.png

New nominations

President Joe Biden (D) has announced six new nominations since the April 2021 report.

• Gustavo Gelpí, to the United States Court of Appeals for the 1st Circuit

• Eunice Lee, to the United States Court of Appeals for the 2nd Circuit

• Veronica Rossman, to the United States Court of Appeals for the 10th Circuit

• Angel Kelley, to the United States District Court for the District of Massachusetts

• Karen Williams, to the United States District Court for the District of New Jersey

• Lauren King, to the United States District Court for the Western District of Washington

New confirmations

As of June 1, there have been no federal judicial confirmations during the Biden administration.

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Ballotpedia releases federal judicial vacancy count for April 2021

In this month’s federal judicial vacancy count, Ballotpedia tracked nominations, confirmations, and vacancies to all United States Article III federal courts from April 1 to May 1, 2021. Ballotpedia publishes the federal judicial vacancy count at the start of each month.

HIGHLIGHTS

Vacancies: There have been six new judicial vacancies since the March 2021 report. There are 75 vacancies out of 870 active Article III judicial positions on courts covered in this report. Including the United States Court of Federal Claims and the United States territorial courts, 79 of 890 active federal judicial positions are vacant.

Nominations: There were three new nominations since the March 2021 report.

Confirmations: There have been no new confirmations since the March 2021 report.

New vacancies

There were 75 vacancies out of 870 active Article III judicial positions, a total vacancy percentage of 8.6.

• The nine-member U.S. Supreme Court does not have any vacancies.

• Seven (3.9%) of the 179 U.S. Appeals Court positions are vacant.

• 66 (9.8%) of the 673 U.S. District Court positions are vacant.*

• Two (22.2%) of the nine U.S. Court of International Trade positions are vacant.

*District court count does not include the territorial courts.

Six judges left active status, creating Article III life-term judicial vacancies, since the previous vacancy count. As Article III judicial positions, vacancies must be filled by a nomination from the president. Nominations are subject to confirmation on the advice and consent of the U.S. Senate.

• Judge Catherine Blake assumed senior status on the U.S. District Court for the District of Maryland.

• Judge Emmet Sullivan assumed senior status on the U.S. District Court for the District of Columbia.

• Judge Amy Totenberg assumed senior status on the U.S. District Court for the Northern District of Georgia.

• Judge Timothy Stanceu assumed senior status on the U.S. Court of International Trade.

• Judge Colleen McMahon assumed senior status on the U.S. District Court for the Southern District of New York.

• Judge George Daniels assumed senior status on the U.S. District Court for the Southern District of New York.

U.S. Court of Appeals vacancies

The following chart tracks the number of vacancies on the United States Court of Appeals from the inauguration of President Joe Biden (D) to the date indicated on the chart.

File:US Court of Appeals vacancies chart 050121.png

The following maps show the number of vacancies on the United States Court of Appeals at the inauguration of President Joe Biden (D) and as of May 1, 2021.

File:UUbHy-court-of-appeals-vacancies-biden-inauguration-.png
File:T7YhD-court-of-appeals-vacancies-may-1-2021-.png

New nominations

President Joe Biden (D) has announced three new nominations since the March 2021 report.

New confirmations

As of May 1, 2021, there have been no federal judicial confirmations during the Biden administration.

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Dori Hauck sworn in to North Dakota House of Representatives

Dori Hauck (R) was sworn in to the North Dakota House of Representatives to replace former Representative Luke Simons (R) on March 16. Simons, who had represented District 36 since 2016 and was reelected in 2020, was expelled from the House on March 4 following multiple misconduct allegations. 

Simons was the first lawmaker in state history to be expelled. According to Article IV, Section 12 of the state constitution, the House “may punish its members or other persons for contempt or disorderly behavior in its presence” and can expel members if two-thirds of the chamber concurs. The vote to expel Simons was 69-25.

Hauck served as secretary-treasurer of the District 36 Republican Party for eight years prior to her appointment. She will serve in the House until 2022.

In the North Dakota Legislature, vacancies are filled by the district committee of the party that holds the seat, and a replacement is named within three weeks. North Dakota is one of four states that fills vacancies by political party appointments. The others are Colorado, Illinois, and Indiana. Of the other state legislatures, 25 fill vacancies through special elections, 10 fill them through gubernatorial appointments, seven fill them through board of county commissioners appointments, three fill them by a hybrid-system, and in one state, Ohio, the legislative chamber fills them.

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Ballotpedia releases federal judicial vacancy count for March 1

Suggested headline: Ballotpedia releases federal judicial vacancy count for March 1

Type: Monthly update

In this month’s federal judicial vacancy count, Ballotpedia tracked nominations, confirmations, and vacancies to all United States Article III federal courts from February 1, 2021, to March 1, 2021. Ballotpedia publishes the federal judicial vacancy count at the start of each month.

HIGHLIGHTS

Vacancies: There have been seven new judicial vacancies since the January 2021 report. There are 64 vacancies out of 870 active Article III judicial positions on courts covered in this report. Including the United States Court of Federal Claims and the United States territorial courts, 67 of 890 active federal judicial positions are vacant.

Nominations: There were no new nominations since the January 2021 report.

Confirmations: There have been no new confirmations since the January 2021 report.

New vacancies

There were 64 vacancies out of 870 active Article III judicial positions, a total vacancy percentage of 7.4.

• The nine-member U.S. Supreme Court does not have any vacancies.

• Four (2.2%) of the 179 U.S. Appeals Court positions are vacant.

• 59 (8.7%) of the 677 U.S. District Court positions are vacant.*

• One (11.1%) of the nine U.S. Court of International Trade positions is vacant.

*District court count does not include territorial courts.

Seven judges left active status, creating Article III life-term judicial vacancies, since the previous vacancy count. As Article III judicial positions, vacancies must be filled by a nomination from the president. Nominations are subject to confirmation on the advice and consent of the U.S. Senate.

• Judge Vanessa Bryant assumed senior status on the U.S. District Court for the District of Connecticut.

• Judge Solomon Oliver assumed senior status on the U.S. District Court for the Northern District of Ohio.

• Judge Victoria Roberts assumed senior status on the U.S. District Court for the Eastern District of Michigan.

• Judge Carmen Cerezo retired from the U.S. District Court for the District of Puerto Rico.

• Judge Janet Neff assumed senior status on the U.S. District Court for the Western District of Michigan.

• Judge Tim Savage assumed senior status on the U.S. District Court for the Eastern District of Pennsylvania.

• Judge Paul Barbadoro assumed senior status on the U.S. District Court for the District of New Hampshire.

U.S. Court of Appeals vacancies

The following chart tracks the number of vacancies on the United States Court of Appeals from the inauguration of President Joe Biden (D) to the date indicated on the chart.

The following maps show the number of vacancies on the United States Court of Appeals at the inauguration of President Joe Biden (D) and as of March 1, 2021.

New nominations

As of March 1, 2021, President Joe Biden (D) had not announced any new nominations.

New confirmations

As of March 1, 2021, there have been no federal judicial confirmations during the Biden administration.

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Ballotpedia releases federal judicial vacancy count for January 2021

In this month’s federal judicial vacancy count, Ballotpedia tracked nominations, confirmations, and vacancies to all United States Article III federal courts from January 1 to February 1, 2021. Ballotpedia publishes the federal judicial vacancy count at the start of each month.

HIGHLIGHTS

Vacancies: There have been 11 new judicial vacancies since the December 2020 report. There are 57 vacancies out of 870 active Article III judicial positions on courts covered in this report. Including the United States Court of Federal Claims and the United States territorial courts, 60 of 890 active federal judicial positions are vacant.

Nominations: There were no new nominations since the December 2020 report.

Confirmations: There have been no new confirmations since the December 2020 report.

New vacancies

There were 57 vacancies out of 870 active Article III judicial positions, a total vacancy percentage of 6.6.

• The nine-member U.S. Supreme Court does not have any vacancies.

• Four (2.2%) of the 179 U.S. Appeals Court positions are vacant.

• 52 (7.7%) of the 673 U.S. District Court positions are vacant.*

• One (11.1%) of the nine U.S. Court of International Trade positions is vacant.

*District court count does not include territorial courts.

Eleven judges left active status, creating Article III life-term judicial vacancies, since the previous vacancy count. As Article III judicial positions, vacancies must be filled by a nomination from the president. Nominations are subject to confirmation on the advice and consent of the U.S. Senate.

• Judge William Alsup assumed senior status on the U.S. District Court for the Northern District of California.

• Judge Janet Hall assumed senior status on the U.S. District Court for the District of Connecticut.

• Judge Robert Katzmann assumed senior status on the U.S. Court of Appeals for the 2nd Circuit.

• Judge Larry Burns assumed senior status on the U.S. District Court for the Southern District of California.

• Judge Theresa Springmann assumed senior status on the U.S. District Court for the Northern District of Indiana.

• Judge Dan Polster assumed senior status on the U.S. District Court for the Northern District of Ohio.

• Judge James Gwin assumed senior status on the U.S. District Court for the Northern District of Ohio.

• Judge Carlos Lucero assumed senior status on the U.S. Court of Appeals for the 10th Circuit.

• Judge Jeffrey White assumed senior status on the U.S. District Court for the Northern District of California.

• Judge Phyllis Hamilton assumed senior status on the U.S. District Court for the Northern District of California.

• Judge Roslynn Mauskopf retired from the U.S. District Court for the Eastern District of New York.

U.S. Court of Appeals vacancies

The following chart tracks the number of vacancies on the United States Court of Appeals from the inauguration of President Joe Biden (D) to the date indicated on the chart.

The following maps show the number of vacancies on the United States Court of Appeals at the inauguration of President Joe Biden (D) and as of February 1, 2021.

New nominations

As of February 1, 2021, President Joe Biden (D) had not announced any new nominations.

New confirmations

As of February 1, 2021, there have been no federal judicial confirmations during the Biden administration.

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Manar resigns from Illinois state Senate

On Jan. 17, Illinois state Sen. Andy Manar (D) resigned to become a senior advisor to Gov. J.B. Pritzker (D). He will provide counsel on the state’s economy and plans for the COVID-19 recovery. 

In Illinois, vacancies in the state Senate are filled within 30 days by appointment by the political party that last held the seat. Manar’s replacement will be chosen by the Democratic Party chairs in Christian, Macon, Macoupin, Madison, Montgomery, and Sangamon counties. His replacement will serve for the remainder of Manar’s term. 

Manar was elected to represent District 48 in the Illinois state Senate in 2012 and was re-elected in 2014. He was most recently re-elected in 2018, defeating Republican challenger Seth McMillan 56.8% to 43.2%. 

The Illinois state Senate is the upper chamber of the Illinois General Assembly. With Manar’s departure, the current partisan breakdown of the chamber is 40 Democrats, 17 Republicans, and two vacancies.

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Alaska Supreme Court Chief Justice to retire in June 2021

Alaska Supreme Court Chief Justice Joel Bolger is retiring on June 30, 2021. Bolger’s replacement will be Gov. Mike Dunleavy’s (R) second nominee to the five-member supreme court.

Bolger joined the Alaska Supreme Court in 2013. He was appointed by Gov. Sean Parnell (R) to succeed Justice Walter Carpeneti. He became chief justice of the court in July 2018. Bolger is the only justice to have served on every level in the Alaska state court system. Before joining the Alaska Supreme Court, Bolger was a judge on the Alaska Court of Appeals from 2008 to 2013, the Kodiak Superior Court from 2003 to 2008, and the Valdez District Court from 1997 to 2003. Bolger received his bachelor’s degree in economics from the University of Iowa in 1976 and his J.D. from the University of Iowa College of Law in 1978.

Under Alaska law, state supreme court justices are selected by the governor with help from a seven-member nominating commission. The commission provides a list of two or more candidates to the governor, who must choose from that list. New justices serve an initial term of at least three years, after which the justice must stand for retention in a yes-no election to remain on the bench. Subsequent terms last 10 years. The chief justice of the supreme court is selected by peer vote and serves a three-year term.

In addition to Chief Justice Bolger, the Alaska Supreme Court currently includes the following justices:

  • Daniel Winfree – Appointed by Gov. Sarah Palin (R) in 2008
  • Peter Maassen – Appointed by Gov. Sean Parnell (R) in 2012
  • Susan Carney – Appointed by Gov. Sean Parnell (R) in 2012
  • Dario Borghesan – Appointed by Gov. Mike Dunleavy (R) in 2020

In 2021, there will be three supreme court vacancies in two of the 29 states where replacement justices are appointed instead of elected. The vacancies are due to retirements. One vacancy—South Dakota—is in a state where a Republican governor appoints the replacement. The second vacancy—Colorado—is in a state where a Democratic governor appoints the replacement, and the vacancy in Alaska is in a state where a Republican governor appoints the replacement.

In 2020, there have been 23 supreme court vacancies in 16 of the 29 states where replacement justices are appointed instead of elected. One vacancy occurred when a chief justice died, one vacancy occurred when a justice was not retained, and 21 vacancies were caused by retirements.

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