Month: August 2022

Judge Robert Ballou – Nominee to the U.S. District Court for the Western District of Virginia

A longtime magistrate judge on the Western District of Virginia, Judge Robert Ballou has beaten out public defender Juval Scott for a federal judgeship.

Background

A native Virginian, Robert Stewart Ballou received a B.A. from the University of Virginia in 1984 and a J.D. from the University of Virginia School of Law in 1987. He then clerked for Judge Peter Beer on the U.S. District Court for the Eastern District of Louisiana before becoming an associate with Christian, Barton, Epps, Brent & Chappell in Richmond. In 1992, Ballou moved to Roanoke to become a Partner with Johnson, Ayers & Matthews.

In 2011, Ballou became a federal magistrate judge on the Western District of Virginia, replacing Judge Michael Urbanski, who was elevated to a lifetime appointment.

In 2018, upon the recommendation of U.S. Senators Mark Warner and Tim Kaine, he was considered by President Trump to be a district judge on the Western District of Virginia. However, in May 2019, the Trump Administration broached the nomination of U.S. Attorney Thomas Cullen. However, Warner and Kaine refused to back Cullen unless he underwent the same vetting process that Ballou went through. Warner and Kaine reopened the nomination process after their choices to the White House were rejected and Cullen was recommended, nominated, and confirmed.

History of the Seat

Ballou has been nominated for the U.S. District Court for the Western District of Virginia. This seat opened on August 30, 2021, when Judge James Parker Jones moved to senior status. In August 2021, Warner and Kaine recommended Ballou and Western District of Virginia Federal Public Defender Juval Scott to fill the vacancy. After an unusually long vetting process, Ballou was nominated for the vacancy on July 13, 2022.

Legal Experience

Ballou spent his entire career prior to becoming a judge as a civil attorney in private practice. The vast majority of this practice was in the City of Roanoke. Among the matters he handled, Ballou represented Aaron Pierce, who was convicted in the hit and run death of Virginia Tech student Brian Joseph McCloskey, and was later sued for negligence. See Mike Allen, 2nd Lawsuit Filed in Tech Student’s Death; The Victim Was Run Over in ‘05; The Suit Alleges Negligence, Richmond Times Dispatch, Nov. 6, 2007.

Ballou’s work involved personal injury work in both state and federal court, usually representing defendants. See, e.g., Campbell v. Aubrey Faulconer & Sons, Inc., 67 Va. Cir. 416 (Cir. Ct. Amherst Cnty. 1996). See also Arnold v. Liberty Mut. Ins. Co., 866 F. Supp. 955 (W.D. Va. 1994). He also handled such matters on appeal, arguing before the Virginia Supreme Court to overturn a jury verdict holding his client responsible for a car accident where another vehicle skidded off a road. See Harris v. Harman, 253 Va. 336 (1997).

Jurisprudence

Since 2011, Ballou has served as a federal magistrate judge in the Western District of Virginia. In this role, he presides over settlement, preliminary hearings, bail, and any cases where the parties consent to his jurisdiction.

Among the matters he handled as magistrate judge, Ballou awarded plaintiffs approximately $75000 in legal fees after a suit against sectarian prayers at the Pittsylvania County Board of Supervisors meetings. See Danville Register & Bee, Costs Keep Climbing in Pittsylvania Prayer Case, Richmond Times-Dispatch, May 12, 2015.

In another matter, Ballou declined to sanction plaintiff’s attorneys for using the term “murder” to refer to the death of Linwood Lambert in police custody, after the attorney promised to remove the word from pleadings and not to use it going forward. See Bill McKelway and John Ramsey, Police May Have Violated Rules on Stun Gun Use in Man’s Death, Richmond Times Dispatch, Nov. 13, 2015.

Among the opinions that Ballou authored, he found defendant Thomas King guilty of driving under the influence on federal lands, but found him not guilty of intentionally interfering with the official duties of the officers who apprehended him. See United States v. King, 894 F. Supp. 2d 737 (W.D. Va. 2012).

Overall Assessment

As a longtime magistrate judge with three decades of legal experience, Ballou is likely to have a comfortable confirmation process. Most criticisms of his nomination are likely to come from those disappointed with the fact that Scott was passed over, and that, with the nomination of Ballou, the Western District of Virginia, which has never had a person of color serve as a judge, will have to wait even longer for one.

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Jamal Whitehead – Nominee to the U.S. District Court for the Western District of Washington

Seattle attorney Jamal Whitehead, tapped for the federal bench, brings a background in a variety of civil litigation.

Background

Jamal Whitehead received his B.A. from the University of Washington in 2004 and his J.D. from Seattle University School of Law in 2007. After graduating, Whitehead worked for Garvey Schubert Barer in Seattle. In 2010, he became a senior trial attorney with the Equal Employment Opportunity Commission.

In 2014, Whitehead joined the U.S. Attorney’s Office for the Western District of Washington. Two years later, he became a shareholder at Schroeter Goldmark & Bender in Seattle, where he currently serves.

History of the Seat

Whitehead has been nominated to replace Judge Richard Jones on the U.S. District Court for the Western District of Washington. Jones will take senior status upon confirmation of a successor.

Legal Experience

From 2010 to 2014, Whitehead worked at the Equal Opportunity Commission, where he sued Cottonwood Financial for discriminating against an employee based on his diagnosis of bipolar disorder. Press Release, EEOC Wins Disability Discrimination Suit Against Payday Lender ‘The Cash Store’, Mar. 28, 2012.

Since 2016, Whitehead has worked at Schroeter Goldmark & Bender in Seattle. In his work with the office, Whitehead represented Dr. Ming Lin in conjunction with the American Civil Liberties Union, who sued alleging that he was terminated for expressing concern about his hospital’s Covid-19 readiness policy. Will Stone, An ER Doctor Lost His Job After Criticizing His Hospital on COVID-19. Now He’s Suing, Nat’l Pub. Radio Shots, May 29, 2020. Whitehead also sued a private prison for paying incarcerated ICE detainees $1 a day in its work program. See Cara Salvatore, ICE Contractor Trial Over Dollar-a-Day Wages Set for June, Law360, Mar. 16, 2021. The suit ended with a jury verdict in favor of the detainees, and is currently on appeal. See Cara Salvatore, Wash. AG, Detainees Win GEO Group $1-A-Day Wage Retrial, Law360, Oct. 27, 2021.

Political Activity

Whitehead has two donations to his name: to Washington state representatives Liz Berry and David Hackney, both Democrats.

Overall Assessment

Like his fellow nominees Evanson and Cartwright, Whitehead is a young liberal attorney who is likely to draw enough opposition to his confirmation to make the vote close but not so much that it would endanger his confirmation.

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Kymberly Evanson – Nominee to the U.S. District Court for the Western District of Washington

Kymberly Evanson, who currently serves as a law partner at Pacifica Law Group, has been tapped for the U.S. District Court for the Western District of Washington.

Background

Evanson received a B.A. from Seattle University in 1999 and a J.D. from the Georgetown University Law Center in 2007. After graduating, Evanson clerked for Judge Emmett Sullivan on the U.S. District Court for the District of Columbia before joining the Seattle office of JK&L Gates as an associate. Evanson later shifted to Pacifica Law Group and became a partner in 2011. She is still with the firm.

History of the Seat

Evanson has been nominated to replace Judge Ricardo Martinez on the U.S. District Court for the Western District of Washington. Martinez will take senior status upon confirmation of a successor.

Legal Experience

Evanson started her legal career at the Seattle office of K&L Gates. Among her matters there, she represented AstenJohnson, Inc. against an employee suit alleging damages from asbestos exposure. See Coulter v. Asten Group, Inc., 230 P.3d 169 (Wash. App. 2009). She also worked on bankruptcy litigation. See, e.g., Sec. Investor Prot. Corp. v. Lehman Bros., 433 B.R. 127 (S.D.N.Y. Bankr. 2010).

Since 2011, Evanson has worked at Pacifica Law Group, where she defended Amazon against a defamation suit brought by James Parisi, who alleged that he was defamed in the publication of a book by Larry Sinclair, who had alleged that he had engaged in an affair with then-presidential candidate Barack Obama. See Parisi v. Sinclair, 806 F. Supp. 2d 93 (D.D.C. 2011).

Much of Evanson’s work at Pacifica has focused on municipal law. See, e.g., Elected Leaders, Activists File Lawsuit to Remove Tim Eyman’s I-1366 From 2015 Ballot, Newstex Blogs, Aug. 10, 2015. See also Lee v. State, 374 P.3d 157 (Wash. 2016). Notably, Evanson defended the Woodland Park Zoological Society against a lawsuit alleging that the housing of elephants at the Society violated animal cruelty laws. Sebek v. City of Seattle, 290 P.3d 159 (Wash. App. 2012). Evanson also represented a petitioner who sought to use public records requests to obtain zip code reports from Lyft. See Lyft, Inc. v. City of Seattle, 418 P.3d 102 (Wash. 2018).

In her pro bono matters, Evanson represented the American Civil Liberties Union of Washington in a suit against the Trump Administration’s foreign travel ban (colloquially called the “Muslim ban”). See Washington v. Trump, 2017 U.S. Dist. LEXIS 16012 (W.D. Wash. Feb. 3, 2017).

Writings

As a law student in 2006, Evanson authored a paper on Title VII of the Civil Rights Act of 1964, which bars employment discrimination. See Kymberly K. Evanson, Employment Law Chapter: Title VII of the Civil Rights Act of 1964, 7 Geo. J. Gender & L. 981 (2006). The piece is largely descriptive of the structure and functioning of employment suits under Title VII, rather than commenting or recommending changes in the law. See id.

Political Activity

Evanson has occasionally donated to political and judicial candidates, including Attorney General Bob Ferguson and Supreme Court Justices Steve Gonzalez and Mary Yu.

Overall Assessment

With a record of working on both commercial and pro bono litigation, Evanson presents a left-of-center record as an attorney that is consistent with her fellow Seattle based nominees. It remains to be seen if that record will pose her confirmation issues.

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Judge Margaret Guzman – Nominee to the U.S. District Court for the District of Massachusetts

Massachusetts District Judge Margaret Guzman has been a fixture of the Worcester legal community for the past thirty years. She has now been tapped for the federal bench.

Background

Guzman received a B.A. from Clark University in 1989, and then obtained a J.D. from Boston University School of Law in 1992.

After graduation, Guzman became a public defender in Massachusetts. In 2005, she became a solo practitioner in Worcester, Massachusetts.

In 2009, Guzman was nominated by Governor Deval Patrick to be a Judge on the Dudley District Court. In 2017, Guzman joined the Ayer District Court, where she currently serves.

History of the Seat

Guzman has been nominated for a seat on the U.S. District Court for the District of Massachusetts opened by Judge Timothy Hillman’s move to senior status on July 1, 2022.

Legal Career

Guzman started her legal career as a public defender in Massachusetts. Among the matters she handled as a public defender, Guzman represented Jose Ramos, who shot and killed Ramon Cruz for using a derogatory name for a homosexual when referring to Ramos. See Worcester Man Gets 14 Years for Shooting Neighbor, A.P. State & Local Wire, Aug. 10, 2000. She also represented Brian Martel, who was convicted of stabbing and killing his son while in a psychotic episode. See Father Who Stabbed Sons Pleads Guilty to Reduced Charges, A.P. State & Local Wire, Aug. 31, 2004.

From 2005 to 2009, Guzman worked as a solo practitioner in Worcester. During this time, Guzman represented Anthony Leo, who was convicted of raping a Worcester woman by force after entering her apartment. See Man Gets Life Sentence After Rape Conviction, A.P. State & Local Wire, Mar. 15, 2007.

Jurisprudence

Guzman has served as a state court judge in Massachusetts since her appointment in 2009. For the first eight years of her career, Guzman served on the Dudley District Court, which holds jurisdiction over felonies up to five years, misdemeanors, ordinance violations, and all civil matters involving less than $25,000 in damages. Since 2017, Guzman has served on the Ayer District Court.

Among the notable matters that she heard as a judge, Guzman held Alberto Sierra without bail after the disappearance of his girlfriend’s five-year-old son. See Amy Crawford, Boyfriend Ordered Held in Mass. Missing Boy Case, A.P., Dec. 24, 2013. Guzman also dismissed charges against Prof. Sabine von Mering arising from a protest where she blocked a coal train to Merrimack Station, the last coal powered power plant in New England. See Jen Crystal, Prof. Arrested For Blocking Coal Train in Climate Protest, The Justice: Brandeis University, Jan. 28, 2020.

Guzman’s tenure on the bench also overlapped with some criticism of the state bench for high rates of acquittals in Driving Under the Influence cases. See Chris Burrell and Neal Simpson, High Acquittal Rate in OUIs; 86% Innocent in Bench Trials; State Supreme Court Calls for Reform, The Patriot Ledger, Nov. 2, 2012. Special counsel for the Massachusetts Supreme Judicial Court noted that, in the period studied, Guzman had acquitted all 149 defendants who appeared before her in bench trials on drunk driving charges. See id. While the Court’s report made it clear that there was no misconduct on the part of the judges involved, it nonetheless called for reform of procedures to ensure that lawyers did not engage in judge shopping. See id.

Political Activity

Guzman has a relatively limited political history, including a donation to Democratic Governor Deval Patrick in 2006.

Overall Assessment

Having been a judge for thirteen years, Guzman is a relatively conventional choice for the federal bench. If obstacles arise in her path to the bench, they may be drawn from her acquittal rate while on the bench. However, if Guzman can explain that issue, she should have a relatively painless confirmation.

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Cindy Chung – Nominee to the U.S. Court of Appeals for the Third Circuit

Cindy Chung currently serves as the chief federal prosecutor in Western Pennsylvania, and has now been tapped to fill a vacancy on the U.S. Court of Appeals for the Third Circuit.

Background

Cindy Kyounga Chung was born in 1975 in Omaha, Nebraska. She attended Yale University, getting a B.A. in 1997. She spent two years as a Fellow at the Yale-China Association and then got a J.D. from Columbia Law School in 2002.

After law school, Chung clerked for Judge Myron Thompson on the U.S. District Court for the Middle District of Alabama and then joined the New York District Attorney’s Office. In 2009, Chung moved to the U.S. Department of Justice Civil Rights Division as a trial attorney. In 2014, Chung became a federal prosecutor with the U.S. Attorney’s Office for the Western District of Pennsylvania.

Chung was nominated in October 2021 to be U.S. Attorney for the Western District of Pennsylvania. She was confirmed by voice vote on November 19, 2021 and has served since then.

History of the Seat

Chung has been nominated to Judge D. Brook Smith’s seat on the U.S. Court of Appeals for the Third Circuit. Smith, a Republican, was appointed to the U.S. District Court for the Western District of Pennsylvania by President Ronald Reagan in 1988 and to the Third Circuit by President George W. Bush in 2002.

Legal Experience

Other than her clerkship, Chung has spent her entire legal career as a state and federal prosecutor. She started with the New York District Attorney’s Office, where she prosecuted rapper Foxy Brown for violating probation after assaulting two manicurists. Judge Wants More Info on Foxy Brown’s Ear Woes Before Deciding Whether to Let Her Out of Jail, A.P., Jan. 18, 2008. She also sought the dismissal of charges against a bicyclist who was charged with assaulting a police officer, after videotapes on Youtube showed little support for the assault. See Barbara Ross, Bicyclist in Cop-Shove Vid Pedals Away a Free Man, New York Daily News, Sept. 6, 2008.

In 2009, Chung became a trial attorney with the U.S. Department of Justice, where she litigated civil rights cases around the country. In one case, Chung prosecuted police officers involved in the cover-up after the Danziger Bridge shootings in New Orleans. See Michael Kunzelman, Ex-Cop Says He Helped Cover Up Katrina Shootings, A.P., July 11, 2011. In another notable case, Chung prosecuted a Pennsylvania police officer for tasering an inmate while he was banging his head against the cell door. See Rich Lord, Millvale Police Officer Pleads Not Guilty: Says Plaintiff Was on ‘Substance’, Pittsburgh Post-Gazette, June 25, 2014. This prosecution went to trial, which resulted in the officer being convicted of civil rights violations. See Brian Bowling, Jurors Convict Officer of Civil Rights Violation, Pittsburgh Tribune Review, Nov. 20, 2014.

In 2014, Chung began serving as a federal prosecutor in Pittsburgh, where, among other cases, she brought to the judge’s attention that the defendant’s counsel was sleeping through large portions of the trial, leading to a mistrial. See Joe Mandak, Man Gets New Trial for Mortgage Fraud Because of Sleeping Lawyer, A.P., May 2, 2017. She also prosecuted felon in possession cases. See Adam Brandolph, Jury Weighs Gun Charges Against Baldwin Felon, Pittsburgh Tribune Review, May 21, 2015.

Additionally, Chung prosecuted Ryan Kyle under the 2009 Shepard-Byrd Hate Crimes Prevention Act based on his assault of a black man at a Pittsburgh subway station. See Torsten Ove, Defendant to Serve Concurrent Prison Time for Federal Hate Crime, Pittsburgh Post-Gazette, Feb. 24, 2017. She similarly prosecuted Jeffrey Burgess for beating up an Indian man at a Red Robin. See Torsten Ove, Bethel Park Man Guilty in Hate Crime Beating of Indian Man, Pittsburgh Post-Gazette, Nov. 29, 2017. The two prosecutions were the first two ever to be brought in the Western District under the Shepard-Byrd Act. See id.

In 2021, President Joe Biden appointed Chung to be U.S. Attorney for the Western District of Pennsylvania. After she was unanimously confirmed by the Senate, Chung took charge of the federal prosecutions in Western Pennsylvania. While U.S. Attorney, Chung’s office indicted Zachary Dinell and Tyler Smith under the Shepard-Byrd Act for abusing residents of a special needs facility. See Torsten Ove, Pair Indicted on Hate Crime Charges; Prosecutors: Former Caretakers Beat Patients, Pittsburgh Post-Gazette, Mar. 26, 2022.

Overall Assessment

Unlike Biden’s other Pennsylvania nominee to the Third Circuit, Chung has the support of both her home-state senators for elevation. That, combined with her painless and swift confirmation to her current post, makes it fairly likely that Chung will join the Third Circuit by the end of the Congress.

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Judge Kai Scott – Nominee to the U.S. District Court for the Eastern District of Pennsylvania

A longtime public defender and judge, Judge Kai Scott’s background appears tailor-made for a federal appointment by the Biden Administration.

Background

The 51-year-old Scott received her B.A. degree from Hampton University in 1991 and a J.D. from the West Virginia University College of Law in 1995. She then spent two years as a law clerk for the Pennsylvania Bureau of Workers Compensation.

In 1998, Scott joined the Defender Association of Philadelphia. In 2004, Scott moved to become a federal public defender. In 2010, Scott became the Trial Unit Chief of the Federal Community Defender’s office for the Eastern District of Pennsylvania.

In 2015, Scott was elected to the Philadelphia County Court of Common Pleas as a Democrat, where she currently serves.

History of the Seat

Scott has been nominated for a seat on the U.S. District Court for the Eastern District of Pennsylvania. This seat opened on March 15, 2021, when Judge C. Darnell Jones moved to senior status.

Legal Experience

Before she became a judge, Scott spent her entire legal career as a public defender representing indigent clients, first in the state and then in the federal system. Among her notable clients, Scott represented Theodore Woodson, who plead guilty of having sex with multiple inmates while serving as a jail worker. See Jim Smith, Jail Worker Guilty of Sex With Inmates; Jersey Man Worked at Federal Center, Philadelphia Daily News, Mar. 23, 2005. She also represented Michael King, who was convicted for robbing five banks. Jim Smith, Mentally Ill Druggie Gets 70 Months For Bank Holdups, Philadelphia Daily News, Sept. 8, 2005. A later representation involved John Benjamin Desper, who was sentenced to 25 years in prison for soliciting sexually explicit images of minors over the internet. Michael Hinkelman, Child-Sex Offender Sentenced to 25 Years, Philadelphia Daily News, Nov. 9, 2010.

Jurisprudence

From 2015, Scott has served as a Judge on the Philadelphia County Court of Common Pleas, which is the primary trial court in Pennsylvania. As a Judge, Scott presides over cases in civil and criminal matters, as well as domestic relations, juvenile, and family law matters.

Notably, Scott granted a motion to suppress drugs recovered from Tyree Carroll, ruling that officers lacked reasonable suspicion to stop Carroll simply because he was repeatedly riding his bicycle in an area known for drug sales. See Robert Moran, Judge Rules in Favor of Man in Violent 2015 Arrest, Philadelphia Inquirer, Feb. 17, 2017. Carroll’s subsequent arrest was captured in a viral video that appeared to show the officers beating and kicking him. See id.

Political Activity

Scott ran for the bench as a Democrat and has given to the Pennsylvania Democratic party.

Writings and Statements

In 2019, Scott was interviewed (alongside fellow judicial nominee and judge Mia Perez) in an article discussing African American vernacular creating issues with court transcripts and records. See Cassie Owens, Hearing What’s Really Said in Court: Lawyers, Judges Discuss African American English and How Not Understanding It Can Defeat Justice, Philadelphia Inquirer, June 7, 2019. In the article, Scott, who is described as “fluent in African-American English” noted that it’s difficult for judges to step in to clarify linguistic misunderstandings without appearing to influence the jury. See id.

Overall Assessment

Both as a public defender and as a judge, Scott’s record shows a willingness to hold law enforcement to account. While she has the support of Republican Sen. Pat Toomey, Scott is nonetheless likely to draw opposition in the Senate. However, she will likely still be confirmed before the end of the Congress.

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Judge Mia Perez – Nominee to the U.S. District Court for the Eastern District of Pennsylvania

A Philadelphia native, Judge Mia Perez is part of a four judge package for the U.S. District Court for the Eastern District of Pennsylvania.

Background

40-year-old Perez received her B.A. degree from Tufts University in 2003 and a J.D. from Temple University Beasley School of Law in 2006. Perez subsequently spent four years as a public defender in Philadelphia before joining Friedman Schuman as an associate. After a year there, Perez opened her own practice, handling criminal defense and family law.

In 2016, Perez was elected to the Philadelphia County Court of Common Pleas as a Democrat, where she currently serves.

History of the Seat

Perez has been nominated for a seat on the U.S. District Court for the Eastern District of Pennsylvania. This seat opened on March 1, 2021, when Judge Timothy Savage moved to senior status.

Legal Experience

Perez started her legal career as a public defender representing indigent clients in the City of Philadelphia. She then spent six years in private practice handling both criminal defense and family law matters. Among her cases, Perez represented Democratic lawmaker Michelle Brownlee, who plead guilty to accepting money from an undercover informant. See Brad Bumsted, 4th Lawmaker Pleads Guilty in Sting Case, Pittsburgh Tribune Review, June 9, 2015.

Perez was also counsel for a co-defendant in a federal robbery case in which Judge Juan Sanchez excluded an out-of-court identification as unduly suggestive. See United States v. Centeno, Criminal Action No. 12-634-2, 2013 U.S. Dist. LEXIS 85913 (E.D. Pa. June 19, 2013).

Jurisprudence

From 2016, Perez has served as a Judge on the Philadelphia County Court of Common Pleas, which is the primary trial court in Pennsylvania. As a Judge, Perez presides over cases in civil and criminal matters, as well as domestic relations, juvenile, and family law matters.

Among the matters she handled as a judge, Perez sentenced Blair Hawkins to two years of probation for operating an unlicensed mortuary. See Joseph A. Slobodzian, Unlicensed West Philly Undertaker Sentenced to Two Years’ Probation For Improperly Handling Bodies, The Philadelphia Inquirer, Mar. 8, 2017.

Among her legal rulings, Perez suppressed evidence of a gun recovered from a search of a defendant’s purse, ruling that the officers did not have reasonable suspicion to frisk the defendant and could not search her purse absent an arrest. See Comm. v. Thomas, 2016 Phila. Ct. Com. Pl. LEXIS 604 (Sept. 14, 2016). Perez also upheld a Defendant’s conviction for criminal trespass, finding that there was no statutory requirement that the Commonwealth prove a specific criminal intent in committing the trespass. Comm. v. Quijano, 2017 Phila. Ct. Comm. Pl. LEXIS 338 (Feb. 3, 2017).

In another notable case, Perez dismissed attempted murder charges against a defendant after the complaining witness failed to appear for the preliminary hearing and the Commonwealth attempted to establish probable cause by having the detective testify to statements the witness had made to him. See Comm. v. Harris, 269 A.3d 534 (PA Super. 2022). The Pennsylvania Superior Court affirmed Perez’s decision, finding that hearsay could not be the basis of establishing probable cause at a preliminary hearing. See id. at 536.

Political Activity

Perez ran for the bench as a Democrat and has given to the Pennsylvania Democratic party.

Writings and Statements

In 2019, Perez was interviewed (alongside fellow judicial nominee and judge Kai Scott) in an article discussing African American vernacular creating issues with court transcripts and records. See Cassie Owens, Hearing What’s Really Said in Court: Lawyers, Judges Discuss African American English and How Not Understanding It Can Defeat Justice, Philadelphia Inquirer, June 7, 2019.

Overall Assessment

Touted as a “millennial” judge when she was first elected, Perez, while young, has built up a significant reservoir of experience with the law. With the support of her two home state senators, Perez is likely to be confirmed before the end of the Congress.

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John Frank Murphy – Nominee to the U.S. District Court for the Eastern District of Pennsylvania

Intellectual property attorney John Frank Murphy is Sen. Patrick Toomey’s selection in a package of four nominees to the Eastern District of Pennsylvania.

Background

John Frank Murphy attended Cornell University, getting his B.S. in 1999, and then got a Masters in Science and a Ph.D. from the California Institute of Technology in 2002 and 2004. Murphy then got a J.D. from Harvard Law School in 2007.

After graduating, Murphy clerked for Judge Kimberly Moore on the U.S. Court of Appeals for the Federal Circuit. Murphy then joined the Philadelphia office of Baker Hostetler, where he currently serves as a partner.

History of the Seat

Murphy has been nominated for a seat on the U.S. District Court for the Eastern District of Pennsylvania. This seat opened on August 31, 2018, when Judge Lawrence Stengel moved to senior status.

Despite this seat opening with two years left in the Trump Administration, no nominee was put forward for this vacancy.

Legal Experience

Murphy has spent his entire legal career at Baker Hostetler, where he has primarily worked as an intellectual property litigator. At the firm, Murphy handled a significant amount of patent litigation. For example, Murphy was part of the legal team representing Muzak LLC in a suit covering patents for playback of music through telephones and public speaker systems. See Info-Hold, Inc. v. Muzac LLC., 783 F.3d 1365 (Fed. Cir. 2015). He also represented Nokia, Inc. in a patent infringement suit litigated in the Eastern District of Virginia. See Global Touch Solutions LLC v. Toshiba Corp., 109 F. Supp. 3d 882 (E.D. Va. 2015).

Notably, Murphy was part of the legal team for Comcast in a patent infringement suit filed against Sprint alleging that the latter had infringed four of its patents. See Comcast Cable Communications LLC v. Sprint Communications Co. LP., 203 F. Supp. 3d 499 (E.D. Pa. 2016).

Outside the intellectual property context, Murphy represented a number of plaintiffs suing to block the Pennsylvania Secretary of State’s certification of ExpressVote XL electronic voting machines, challenging the security, reliability, and accuracy of the machines. See Nat’l Election Def. Coalition v. Boockvar, 266 A.3d 76 (Pa. Commw. LEXIS 567 2021).

Political Activity

Murphy has donated to a number of candidates throughout his career, including Pennsylvania Sen. Pat Toomey, who has received approximately $4000. While most of Murphy’s donations have been to Republicans, he did donate $100 to the Attorney General campaign of Steve Dettelbach, a Democrat who currently serves as director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (Dettelbach was also a partner at Baker Hostetler).

Overall Assessment

With his background in intellectual property law and a willingness to back Republicans, Murphy is likely to attract support from members of both parties. As such, he will likely sail to confirmation.

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Kelley Hodge – Nominee to the U.S. District Court for the Eastern District of Pennsylvania

In 2017, Kelley Hodge became the first African American woman to serve as District Attorney for Philadelphia. Hodge is now poised to become a federal judge in the city.

Background

Born November 17, 1971in Abingdon, Pennsylvania, Kelley Brisbon Hodge grew up in Montgomery County. She received a B.A. from the University of Virginia in 1993 and a J.D. from the University of Richmond T.C. Williams School of Law in 1996. Hodge then joined the Richmond Public Defender’s Office.

In 2004, Hodge joined the Philadelphia District Attorney’s Office. In 2011, Hodge was appointed by Governor Tom Corbett to be safe schools advocate in Philadelphia and from 2015 to 2016, she was executive assistant to the president of the University of Virginia before returning to Pennsylvania to be of counsel at the firm of Elliott Greenleaf.

In 2017, after the resignation of Philadelphia District Attorney Seth Williams, Hodge was appointed to be interim D.A., which she held until the inauguration of Larry Krasner in 2018.

Hodge subsequently returned to Elliott Greenleaf, where she stayed until moving to Fox Rothschild’s Philadelphia office in 2020, where she currently serves.

History of the Seat

Hodge has been nominated for a seat on the U.S. District Court for the Eastern District of Pennsylvania. This seat opened on June 1, 2021, when Judge Petrese Tucker moved to senior status.

Legal Experience

Hodge has held a variety of legal positions throughout her career, from serving as a public defender, a prosecutor, in private practice, and in policy positions. She started her career at the Richmond Public Defender’s office, where she defended Roosevelt Brackett, who was charged with arson and murder for allegedly setting his friend on fire. See Alan Cooper, Man Convicted of Murder, Arson; Ruled Responsible for Friend’s Third-Degree Burns and Death, Richmond Times-Dispatch, Jan. 9, 2001. She also defended Donald McMillian, who was convicted of murder for stabbing Lonnice Wilson. See Alan Cooper, Judge Convicts Richmond Man of Murder in Stabbing, Richmond Times-Dispatch, Feb. 2, 2002.

In 2004, Hodge moved to become a prosecutor in Philadelphia. While with the office, Hodge prosecuted Dante Robinson for attempted murder, robbery, and weapons related charges arising from the shooting of a delivery driver in Southwest Philadelphia. See Julie Shaw, Daily News Driver Describes Holdup-Shooting, The Philadelphia Daily News, Aug. 11, 2007. Hodge also worked to establish Philadelphia’s Veterans Court. See Karen Heller, Veterans Court Winning Cases, The Philadelphia Inquirer, May 26, 2010.

In 2011, Governor Tom Corbett, a Republican appointed Hodge to the Pennsylvania Commission on Crime and Delinquency to be a safe schools advocate in Philadelphia. In her role, Hodge worked on issues of crime and bullying at Germantown High School. See Dylan Purcell and Susan Snyder, Crime Lurks in Little-Used Areas of Philadelphia Schools, The Philadelphia Inquirer, May 11, 2012.

In 2017, after the resignation of Philadelphia DA Seth Williams, the city’s judges chose Hodge to serve out his term. See Chris Brennan, Judges Will Vote, Via Top Hat, For Interim DA, The Philadelphia Inquirer, July 19, 2017. While she headed the office, Hodge oversaw a series of prosecutions on illegal street gambling. See Chris Brennan, ‘Family Affair’: 9 Nabbed in Alleged Long-Running Philly Street Lottery, The Philadelphia Inquirer, Oct. 21, 2017. She also worked with Attorney General Josh Shapiro to prosecute Democratic members of an election board with intimidating Republican and Green party voters and seeking to change ballots. See Chris Brennan, Election Fraud Charges Filed in 197th District Special Election, The Philadelphia Inquirer, Oct. 31, 2017.

After returning to private practice, Hodge was appointed to a three-person committee overseeing the distribution of funds to victims of child abuse from the Philadelphia Achdiocese. See Mark Scolforo, Pennsylvania Dioceses Outline Child Sex Abuse Victim Funds, A.P. State & Local, Nov. 8, 2018. Hodge was also hired to conduct an external investigation at Vassar University regarding innappropriate behavior by women’s basketball coach Candice Signor-Brown. See Head Coach Signor-Brown Departed from Vassar Amidst Multiple Investigations, Swarthmore Phoenix, Nov. 20, 2020. She was also hired by the Sharon Hill Borough to conduct an independent use of force investigation after the shooting death of an 8 year old at a football game. See Robert Moran, DA: Initial Tests Say Police Shot 8-Year-Old; Fanta Bility Died, 3 Were Injured After Sharon Hill Football Game. A Grand Jury Empaneling Is Sought, Philadelphia Inquirer, Sept. 28, 2021.

Political Activity

Hodge is a Democrat and donated $500 to the Presidential campaign of Kamala Harris in 2020.

Overall Assessment

Hodge has, over the course of a 25 year legal career, built experience in criminal and civil law. As she has the bipartisan support of her home state senators, she will likely sail to confirmation.

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