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"During times such as these, the role of the courts becomes even more important in order to enforce the rule of law. …To continue functioning effectively and efficiently . . .the court must be appropriately staffed."

Chief Justice
William H. Rehnquist


Nominee Spotlight

Archive



Federal Court Vacancy Summary

Circuit Court of Appeals
Vacancies (Total) 28

1st

-

2nd

1

3rd

2

4th

4

5th

2

6th

7

7th

-

8th

1

9th

4

10th

2

11th

1

D.C.

4

Pending Nominees 18


U.S. District Court

Vacancies 51
Pending Nominees 31


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Confirmation Watch

The judicial confirmation process in the 107th Congress has been stalled by politics, as qualified nominees to the federal bench have been held in limbo. In this section, the Center provides an up-to-date list of judicial nominees yet to be confirmed by the Senate. Most of them are being denied a hearing in the Judiciary Committee. Check back here often as we will frequently highlight the credentials of the nominees. Click on the links below to e-mail the members on the Senate Judiciary Committee. Tell them to end the political brinksmanship that is eroding the efficacy of the US judiciary.

This listing is not meant to endorse any of the nominees, but to encourage the timely fulfillment of the Senate’s constitutional duty to the confirmation process.


INDEX:
Nominee Spotlight Circuit Court NomineesDistrict Court Nominees
The Senate Judiciary Committee
Commentary


NOMINEE SPOTLIGHT :

Jay S. Bybee

Jay Bybee was nominated May 22, 2002 by President George W. Bush to the U.S. Court of Appeals for the Ninth Circuit. He currently serves as Assistant Attorney General for the Office of Legal Counsel at the U.S. Department of Justice. Mr. Bybee began his career as a law clerk for The Honorable Donald Russell of the United States Court of Appeals for the Fourth Circuit before working as an associate in the Washington D.C. office of Sidley & Austin. He then served a five-year stint with the U.S. Department of Justice, working in both the Office of Legal Policy and the Civil Division, where he prepared numerous briefs and presented oral arguments in the U.S. Courts of Appeal and drafted Supreme Court briefs. From 1989 to 1991, Mr. Bybee served in the White House as Associate Counsel to the President.

In addition to his public service, Mr. Bybee has worked for many years in the academic arena, including nine years on the faculty of the Paul M. Hebert Law Center at Louisiana State University. In 1999, he joined the founding faculty of the William S. Boyd School of Law at the University of Nevada. He taught constitutional law, administrative law and civil procedure at both institutions. Mr. Bybee has been published in numerous law journals, including The Yale Law Review, Vanderbilt Law Review and The George Washington University Law Review.

A majority of the American Bar Association’s Committee on the Federal Judiciary ranks him "well-qualified," its highest rating.


EXPERIENCE

.
2001-Present:

.
Assistant Attorney General
Office of Legal Counsel
United States Department of Justice

1999-2000:

Professor
William S. Boyd School of Law
University of Nevada

1991-1998:

Paul M. Hebert Law Center
Louisiana State University

  • 1998: Professor
  • 1994-1998: Professor
  • 1991-1994: Assistant Professor

1989-1991:

Assistant Counsel to the President
The White House
President George H.W. Bush

1986-1989:

Attorney
Office of Legal Policy
United States Department of Justice

1984-1986:

Attorney
Civil Division
United States Department of Justice

1981-1984:

Associate
Office of Legal Policy
Sidley & Austin

1980-1981:

Law Clerk
The Honorable Donald Russell
United States Court of Appeals, Fourth Circuit

EDUCATION

 

.
1980:

.
Juris Doctorate
J. Reuben Clark Law School
Brigham Young University
Graduated cum laude
Editorial Board, BYU Law Review

1977:

Bachelor of Arts Degree
Brigham Young University
Graduated magna cum laude


Information gathered from various news articles, the U.S. Justice Department’s Office of Legal Policy and the United States Senate Committee on the Judiciary.

Load Date: August 7, 2002

CIRCUIT COURT OF APPEALS NOMINEES*
LAST UPDATED: August 1, 2002

Federal Circuit Court of Appeals

Nominee
.

Court
.
Nomination
Date
Hearing
Date
Committee
Vote
Confirmation
Date


Terrence W. Boyle


4th Circuit


5/09/01


Dennis W. Shedd


4th Circuit


5/09/01


6/27/02


Priscilla Richman Owen


5th Circuit


5/09/01


7/23/02


Deborah L. Cook


6th Circuit


5/09/01


Jeffrey S. Sutton


6th Circuit


5/09/01


Michael W. McConnell


10th Circuit


5/09/01


Miguel A. Estrada


D.C Circuit


5/09/01


John G. Roberts, Jr.


D.C Circuit


5/09/01


Lavenski R. Smith


8th Circuit


5/22/01


5/23/02


6/27/02
Vote: 19-0


7/11/02
Voice Vote


Charles W. Pickering, Jr.


5th Circuit


5/25/01


2/7/02
2nd
Hearing

3/14/02
Died in
Committee
Vote: 10-9


Timothy M. Tymkovich


10th Circuit


5/25/01


Carolyn B. Kuhl


9th Circuit


6/22/01


Richard Clifton


9th Circuit


6/22/01


5/09/02


5/16/02
Vote: 19-0


7/18/02
Vote: 98-0

Michael J. Melloy

8th Circuit

7/10/01

1/24/02

2/7/02
Vote: 19-0

2/11/02
Vote: 91-0

Jeffrey R. Howard

1st Circuit

8/02/01

3/19/02

4/18/02
Vote: 19-0

4/23/02
Vote: 99-0

Terrence L. O’Brien

10th Circuit

8/02/01

3/19/02

4/11/02
Vote: 19-0

4/15/02
Vote: 98-0


D. Brooks Smith


3rd Circuit


9/10/01


2/26/02


5/23/02
Vote: 12-7


7/31/02
Vote: 64-65


Julia Smith Gibbons


6th Circuit


10/09/01


4/5/02


5/2/02
Vote: 19-0


7/29/02
Vote: 95-0


William H. Steele


11th Circuit


10/09/01


D
avid L. McKeague


6th Circuit


11/08/01


Susan Bieke Neilson


6th Circuit


11/08/01


Henry W. Saad


6th Circuit


11/08/01


John M. Rogers


6th Circuit


12/19/01


6/13/02


7/11/02
Voice Vote


Reena Raggi


2nd Circuit


5/01/02



Jay S. Bybee


9th Circuit


5/23/02


Richard A. Griffin


6th Circuit


6/27/02



* Information gathered from the Senate Judiciary Committee, White House,

Administrative Office of the U.S. Courts, U.S. Department of Justice Office of Legal Policy and various news articles.


FEDERAL DISTRICT COURT NOMINEES*
LAST UPDATED: August 13, 2002

Nominee
.

Court
.
Nomination
Date
Hearing
Date
Committee
Vote
Confirmation
Date

Paul G. Cassell

District of Utah

6/19/01

3/19/02

05/02/02
Vote: 8-4

05/13/02
Vote: 67-20

James E. Gritzner


Southern District of Iowa

7/10/01

1/24/02

02/07/02
Vote: 19-0

02/14/02
Voice Vote

David L. Bunning


Eastern District of Kentucky

8/02/01

12/10/01

02/07/02
Vote: 19-0

02/14/02
Voice Vote

Callie V. Granade


Southern District of Alabama

8/02/01

12/05/01

12/13/01
Vote: 19-0

02/04/02
75-0

Robert E. Blackburn


District of
Colorado

9/10/01

1/24/02

02/07/02
Vote: 19-0

2/26/02
Vote: 98-0



David C.Bury



District of Arizona



9/10/01



2/26/02

03/07/02
Vote: 19-0

03/15/02
Vote: 90-0

Cindy K. Jorgenson

District of Arizona

9/10/01

1/24/02

02/07/02
Vote: 19-0

2/26/02
Vote: 98-0

Marcia S. Krieger


District of
Colorado

9/10/01

12/05/01

12/13/01
Vote: 19-0

1/25/02
Vote: 83-0

Richard J. Leon


District of
Columbia

9/10/01

1/24/02

02/07/02
Vote: 19-0

02/14/02
Voice Vote

James C. Mahan

District of Nevada

9/10/01

12/05/01

12/13/01
Vote: 19-0

1/25/02
Vote: 81-0

Randy Crane


Southern District of Texas

9/21/01

2/26/02

03/07/02
Vote: 19-0

3/18/02
Vote: 91-0

Phillip Martinez


Western District of Texas

10/09/01

12/05/01

12/13/01
Vote: 19-0

2/5/02
Vote: 93-0

Jay C. Zainey


Eastern District of Louisiana

10/10/01

1/24/02

02/07/02
Vote: 19-0

2/11/02
Vote: 92-0

Ralph B. Beistline

District of Alaska

11/08/01

2/26/02

3/07/02
Vote: 19-0

3/12/02
Vote: 98-0
Percy Anderson

Central District of California
1/23/02
4/11/02

4/18/02
Vote: 19-0

4/25/02
Vote: 99-0
John Walter

Central District of California
1/23/02
4/11/02

4/18/02
Vote: 19-0

4/25/02
Vote: 99-0
Kenneth Marra

Southern District of Florida
1/23/02
6/13/02

6/20/02
Vote: 19-0
 
Jose Martinez

Southern District of Florida
1/23/02
7/23/02

7/31
/02
Vote: 19-0
 
Frederick Rohlfing

District of
Hawaii
1/23/02    
Lance Africk

Eastern District of Louisiana
1/23/02
3/19/02

4/11/02
Vote: 19-0

4/17/02
Vote: 97-0
Joan Lancaster

District of Minnesota
1/23/02
4/11/02

4/18/02
Vote: 19-0

4/25/02
Vote: 99-0
Stanley Chesler

District of New Jersey
1/23/02      
William Martini

District of New Jersey
1/23/02      
Thomas Rose

Southern District of Ohio
1/23/02