Senate Confirms DC Court Judges Amid 'Vacancy Crisis'

The U.S. Senate has confirmed seven D.C. judicial nominees for seats on the district's trial and appellate courts that have been vacant for an average of almost two years, acting on long-pending nominations amid a recent surge of pressure applied by court watchdogs and lawmakers alike.

The Senate approved by voice vote Thursday night six nominees for the D.C. Superior Court and one nominee for the D.C. Court of Appeals, filling about half of the current vacancies on both benches. But eight open spots remain on the trial court as well as one on the appellate court that has been vacant for nine years, according to Law360's analysis of court vacancy data.

An eighth nominee for the Superior Court is still waiting for a Senate confirmation vote, according to Congress' nomination tracking system. Their nomination has been pending for 442 days as of Friday.

U.S. Rep. Eleanor Holmes Norton, D-D.C., told Law360 she applauded the Senate's action, adding she has been fighting to bring the nominations up for a vote for a while. When lawmakers returned from their November recess, Holmes Norton implored Senate leadership to help stem the "judicial vacancy crisis" plaguing D.C. local courts.

"This crisis was ongoing, it was unceasing and it didn't matter whether Democrats or Republicans were in power," she said. "All of them gave primary attention to federal court nominees."

D.C.'s Home Rule Act requires local judges to be nominated by the president and approved by the Senate, but local nominees often get placed on the back burner to make way for federal judicial nominees.

Misty Thomas, executive director of watchdog group Council for Court Excellence or CCE, said slow confirmation processes are a consistent problem for local courts, which are struggling to balance heavier case loads caused by pandemic-related delays and an ever-growing roster of retiring judges.

"I don't know that this immediate moment will by itself change anything," she told Law360. "I hope this will spark conversations about local control of D.C.'s justice system."

The D.C. court system issued a statement Friday stating its gratitude for the confirmations, but also warned there is more work to be done.

"We urge everyone in a position to help to not take their foot off the gas until all of the vacancies on the bench are filled," the statement read.

The new Superior Court judges include Errol Rajesh Arthur, Kendra Davis Briggs, Carl Ezekiel Ross, Leslie A. Meek, Laura E. Crane and Veronica M. Sanchez. Briggs waited the longest of the group — 407 days — for a confirmation vote while Crane and Sanchez tied for the shortest wait of 154 days, according to nomination tracking data.

The new Court of Appeals judge, Vijay Shanker, waited 154 days for his confirmation vote. He was one of three nominees, along with Meek, Crane and Sanchez, who faced minimal questioning during a committee hearing in September.

All nominees confirmed Thursday will serve 15-year terms on their respective courts.

Senate Majority Leader Chuck Schumer, D-N.Y., vowed in a Friday statement that the Democrat-led Senate will not ignore the needs of local D.C. courts.

"The 7 new jurists the Senate confirmed last night will help alleviate some of the D.C. courts vacancy crisis," he said. "With another two years of a Democratic majority, the Senate will continue to work to fill as many vacancies as possible."

Thursday's confirmations come after the CCE sent Schumer and Minority Leader Sen. Mitch McConnell, R-Ky., two letters this month encouraging them to bring the pending nominations up for a vote on the Senate floor.

In both letters, the CCE noted that Superior Court judges normally have about 200 cases on their docket at one time but, because of the vacancies, each judge is currently overseeing 300 to 400 cases. These high caseloads are forcing judges to schedule criminal trials for as far out as 2024 while defendants wait in jail, according to a copy of a Dec. 8 letter provided to Law360.

The Court of Appeals has a 200-case backlog due to its vacancies, the CCE said, because "only a limited number of three-judge appellate panels can be assembled," according to a copy of a Dec. 15 letter. More than 60 individuals and organizations, including the American Civil Liberties Union of D.C., Legal Aid D.C. and several law firms, signed on to the Dec. 15 letter.

While Thursday's confirmations are an important breakthrough, Holmes Norton said "it's not the end of the story." She has introduced legislation to simplify the confirmation process for local D.C. judges, known as the District of Columbia Courts Vacancy Reduction Act, which was introduced last November.

The bill would allow for automatic confirmation of local court nominees following a 30-day review period, unless a joint resolution disapproving the nominee is enacted. This review process would bring judicial nominees in line with the procedures for congressional review of legislation passed by the D.C. City Council.

CCE's Thomas agrees the process has to be changed.

"We haven't solved the problem, even though it's a huge step forward," she said. "We need to think about alternative solutions."

There are currently eight additional vacant Superior Court positions, which have been empty for 238 days, at minimum, to 1,730 days — more than four and a half years — at maximum. Two other judges, John M. Campbell and William M. Nooter, are set to leave the bench in February, according to D.C. Judicial Nomination Commission data.

The Court of Appeals has one additional vacant position, which has been empty for 3,332 days, or nine years, according to commission data.

--Graphics by Ben Jay. Editing by Michael Watanabe.

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