Judiciary Watch

Hon. Paul Michel, Chief Judge of the Federal Circuit, announces retirement

At the Federal Circuit Bar Association’s 25th annual dinner, Michel announced his plan to retired from the bench effective May 2010. Michel has been on the circuit for 21 years and Chief Judge since 2004.  Lawyers interviewed for the Almanac of the Federal Judiciary said the following about Judge Michel:  "He is fantastic. I think anybody would be ecstatic to have him on their panel. He is thoughtful." "He is diplomatic. He is political with a small p. He is charismatic." "He is tough, but fair. He does not suffer fools. He will be intolerant of a lack of candor. If he treats a lawyer badly, it is often because the lawyer is not being candid." "There are judges who decide the facts of a case. Then there are judges who like to write more broadly and decide the tenets of the law. Then there is Michel. He is in the middle."

Online federal clerkship applications rose 66 percent

Online applications for federal clerkships rose 66 percent this year, according to the Administrative Office of the U.S. Courts.  A total of 401,576 applications from lawyers seeking jobs as law clerks were received in fiscal year 2009, up from 241,529 in 2008, via the Online System for Clerkship Application and Review (OSCAR).  Between October 1, 2008 and September 30, 2009, 10,722 lawyers applied for 1,244 posted positions.  About two thirds of federal judges participate in the OSCAR program.

U.S. Senate Confirms Hamilton for 7th Circuit

The Senate, by a 59 to 39 vote, confirmed Hon. David Hamilton's nomination to the U.S. Court of Appeals for the 7th Circuit.  Hamilton’s nomination had been held up for months by Republican Senators who expressed concern over Hamilton's positions on matters such as public prayer in the Indiana legislature and abortion. 

Hamilton nomination to get vote

The Senate voted 70 to 29 to end debate on the nomination of Hon. David Hamilton to the U.S. Court of Appeals for the 7th Circuit.  A final vote is likely later this week. 

Obama judicial nominees confirmed at record slow pace

A report in the Los Angeles Times says President Obama is on pace to set a record for the fewest judges confirmed during a president’s first year in office. Thus far, seven nominees have been confirmed, including Supreme Court Justice Sonia Sotomayor.  George W. Bush had 28 judges confirmed in his first year in office, despite a Democratic Senate majority for most of the year.  President Clinton had 27 judges confirmed in his first year.  Nan Aaron, president of the advocacy group Alliance for Justice, said "This has become more bitter and more partisan than the Clinton years. It is obstructionism across the board."   The dispute will come to a head Tuesday, when the Senate votes on whether to cut off debate on Judge David F. Hamilton of Indiana, Obama's first court nominee.

Overall, there are 98 vacancies on the federal courts. Obama, whose pace of nominating judges is slower than his predecessors, has 19 nominees awaiting votes in the Senate.

 

Reid seeks to end debate on Hamilton nomination

As David Ingram reported for the Blog of Legal Times, Sen. Harry Reid said earlier this week that he will call for a cloture vote to cut off debate on Hon. David Hamilton's (S.D. Ind.) nomination to the U.S. Court of Appeals for the 7th Circuit.  Hamilton was Obama’s first judicial nominee, and his most controversial.  Reid needs 60 votes to end the filibuster.  Hamilton will likely be opposed by almost all 40 Republicans, with the exception of Indiana’s Republican senator, Dick Lugar.  Hamilton has been criticized by conservatives for rulings on abortion and on the establishment clause in a case about prayer in Indiana’s legislature. 

Lawyers interviewed for the Almanac of the Federal Judiciary had the following to say about Judge Hamilton:  "He is as smart as there is on the federal bench. He makes everything look so easy, so you are comfortable no matter which way the case goes. He is one of the preeminent jurists." "He is probably the most intelligent judge in the district." "He has the best temperament for a judge that I have ever seen." "He likes to engage lawyers in legal banter. He is never out of line and always has his reasons and ways to get to the truth. His rulings leave you satisfied, even if they go against you. Do not try to trick him, or grandstand in any way." "His rulings are always right on the money. His reversal rate must be the lowest around. He always does the right thing. Do not ever try to fool or mislead him -- you will not get away with it and you will be sorry. He is a great judge."

Charles P. Sifton, federal judge in Brooklyn, dies at age 74

Charles P. Sifton, a federal judge in the Eastern District of New York, died Monday from complications of sarcoidosis at age 74.  Sifton was appointed in 1977 by President Carter, and served as Chief Judge from 1995-00.  He was a graduate of Harvard Univ. and Columbia Law School.  Prior to taking the bench, Sifton worked in the U.S. Attorney’s office and in private practice for more than 15 years.

Sifton presided over many noteworthy cases in his 30-plus years on the bench, including most recently the case that paved the way for New York City Mayor Michael Bloomberg’s third term. In 1982, in Berkman v. City of New York, Sifton ruled that the physical tests given to applicants for New York City fire department positions discriminated against women, ordering that a new test be formulated, and up to 45 women hired as firefighters. He also presided over trials involving the Columbo crime family, the IRA, and asbestos exposure litigation. 

Lawyers’ interviewed for the Almanac of the Federal Judiciary calledSifton a bright, evenhanded judge.  "He pays attention. He is one of the better judges." "He is very polite and dignified. As long as you behave like a professional, he will treat you well." "He is perceptive. He even picks up on the subtleties in the argument -- including what is not said." "He tends to give you a fair trial."

Honeywell confirmed to Middle District of Florida court

The Senate confirmed Charlene Edwards Honeywell to the U.S. District Court for the Middle District of Florida.  Honeywell, a graduate of Howard Univ. and the Univ. of Florida College of Law, was a Circuit Judge for Florida’s 13th Circuit from 2001 until her confirmation.  Honeywell began her career with the Tallahassee and then Tampa Public Defender’s Offices, followed by a 7-year stint as Assistant City Attorney in Tampa.  She was in private practice with Hill, Ward & Henderson in Tampa for six years before taking the bench in 2001.  From 1997 to 2000, Honeywell was a member of the Florida Federal Judicial Nominating Commission.  Honeywell is President Obama’s seventh judicial nominee to be confirmed.

Senate confirms Davis to 4th Circuit

The Senate today confirmed the nomination of Hon. Andre Davis to the U.S. Court of Appeals for the 4th Circuit.  Davis has been on the federal district court for Maryland since 1995.  He was first nominated for the circuit court in 2000 by President Clinton, but never made it to the Senate for a vote.

Davis is a graduate of the Univ. of Pennsylvania and the Univ.of Maryland School of Law.  He clerked for Hon. Francis Murnaghan of the U.S. Court of Appeals for the 4th Circuit, was an Assistant U.S. Attorney for 3 years and a state court judge in Maryland for 8 years before being named to the federal bench.  Lawyers interviewed for the Almanac of the Federal Judiciary described Davis as a smart, fair-minded judge: "He is very bright." "He is one of the smartest judges on the bench. Sometimes he thinks he is smarter than the lawyers, but not in an arrogant way. He just makes things more complicated than they need to be." "He has a wonderful courtroom presence. He is very likable." "He can lose his temper, but it is not personal. He doesn't hold a grudge. He can be very animated. He will not keep it a secret how he feels. You know exactly how he stands on things. He treats people very well." "He is fair. That tends to be rare in federal court."

There are still four vacancies remaining on the 15-seat 4th Circuit. President Obama has already named three other nominees for it. Davis is the second Obama nominee confirmed to a circuit court, after Hon. Gerard Lynch for the U.S. Court of Appeals for the 2nd Circuit.

Obama nominates 2 North Carolina state judges to 4th Circuit

President Obama nominated two North Carolina state judges to fill vacancies on the U.S. Court of Appeals for the 4th Circuit.  Judge James Wynn Jr. and Judge Albert Diaz join Obama’s two other nominees to the court, U.S. District Judge Andre Davis of Maryland and Virginia Supreme Court Justice Barbara Keenan, who are still awaiting Senate confirmation. Five of the 15 seats on the court are vacant. 

In 1999, Wynn was nominated to the 4th Circuit by President Clinton, but Republican Senator Jesse Helms blocked the nomination.  Clinton renominated Wynn in 2001, but the nomination was returned by President Bush.  Wynn is a graduate of UNC-Chapel Hill and got his J.D. from Marquette Univ. Law School in 1979.  He was in private practice from 1984-90 at Fitch, Butterfield & Wynn.  Wynn served in the Judge Advocate General’s Corps of the U.S. Navy on active duty until 1983, and is currently a reservist.  Wynn has been an Associate Justice of the North Carolina Supreme Court since 1990, with a brief interruption to serve by appointment on the state Supreme Court in 1998. Wynn is the first African American to Chair the Judicial Division of the American Bar Association, a position he held from 2007-08.

Diaz is a graduate of the Wharton School of Business and New York University Law School.  He also received an M.B.A. from Boston University in 1993.  Diaz was a lawyer in the U.S. Marine Corps Legal Services Support Section and later an appellate defense counsel and a reserve judge with the U.S. Navy's Office of the Judge Advocate General.  Diaz was an associate at Hunton & Williams from 1995 until 2001, when he was appointed to the North Carolina Superior Court where he still sits. Since 2005, Diaz has focused on complex business cases. If confirmed, Diaz would be the 4th Circuit’s only Hispanic member.