Month: April 2024

Kevin Ritz – Nominee to the U.S. Court of Appeals for the Sixth Circuit

Two years ago, U.S. Attorney Kevin Ritz was comfortably confirmed to his current role by the Senate. However, Ritz likely faces a tougher road in seeking to succeed his former boss on the U.S. Court of Appeals for the Sixth Circuit.

Background

Born October 15, 1974, in Petersburg Virginia, Kevin Gafford Ritz received a B.A. from the University of Virginia in 1997, an M.S. from the Georgetown University School of Foreign Service in 1999, and a J.D. from the University of Virginia School of Law in 2004 before clerking for Judge Julia Smith Gibbons on the U.S. Court of Appeals for the Sixth Circuit.

Ritz subsequently joined the U.S. Attorney’s Office for the Western District of Tennessee, rising to become Criminal Appellate Chief in 2010, Appellate Chief in 2018, and being confirmed as U.S. Attorney in 2022. Ritz currently serves as the U.S. Attorney for the Western District of Tennessee.

History of the Vacancy

Ritz has been nominated for a Tennessee seat on the U.S. Court of Appeals for the Sixth Circuit. If confirmed, Ritz would replace Gibbons, for whom he had previously clerked.

Legal Experience

Ritz has spent his entire legal career at the U.S. Attorney’s Office for the Western District of Tennessee, starting with narcotics prosecutions before working on both criminal and civil appeals at the Sixth Circuit, and finally, being appointed to be U.S. Attorney.

Starting in the office in 2005, Ritz spent the first five years of his prosecutorial career handling narcotics cases at both the trial and appellate level. During that time, Ritz tried eleven jury trials. Among his trials, Ritz won convictions for carjacking, robbery, and firearms crimes in a trial presided over by Judge Bernice Donald. See United States v. Chandler and Benton, No. 09-cr-20518 (W.D. Tenn.).

From 2010 to 2018, Ritz served as Criminal Appellate Chief for the U.S. Attorney’s Office, and from 2018 to 2022, served as Appellate Chief, handling both Criminal and Civil cases. Ritz argued thirty-six cases before the Sixth Circuit, as well as one in the Third Circuit. Among the notable cases that Ritz argued, he defended a conviction for illegal possession of a firearm, which was challenged under the Rehaif v. United States Supreme Court decision, which held that the Brady handgun bill’s classes of prohibited individuals, who aren’t allowed to have firearms, requires the individual to know of their prohibited status. See United States v. Ward, 957 F.3d 691 (6th Cir. 2020). Ritz also notably argued before the en banc Sixth Circuit in turning back an ineffective assistance of counsel claim, in a case holding that such a claim only applied once the individual was charged. See Turner v. United States, 885 F.3d 949 (6th Cir. 2018) (en banc). Ritz’s sole Third Circuit case involved defending convictions for witness-murder against an actual innocence claim. See Bruce v. Warden Lewisburg USP, 868 F.3d 170 (3d Cir. 2017).

Notably, Ritz argued before the Sixth Circuit in the Castleman case that individuals convicted of misdemeanor domestic violence charges could be barred from owning firearms. See United States v. Castleman, 695 F.3d 582 (6th Cir. 2012). While the Sixth Circuit ruled against the government, a unanimous Supreme Court reversed and sided with the position that Ritz had taken. United States v. Castleman, 572 U.S. 157 (2014).

Since 2022, Ritz has served as the Senate confirmed U.S. Attorney for the Western District of Tennessee.

Political Activity

Ritz has a handful of political donations throughout his career, all to Democrats.

Overall Assessment

Ritz’s push for a lifetime appointment is likely to draw significantly more opposition than his first confirmation did. Both Tennessee senators oppose Ritz’s confirmation, and he has drawn some fire over a complaint filed against him alleging misconduct from several years ago.

However, Ritz’s supporters can reasonably argue that the mere filing of a complaint does not indicate any ethical issues, particularly in a situation where no finding of misconduct or disciplinary action appears to have been taken. Furthermore, many of the senators raising the issue saw no problem with Ritz’s candidacy to be U.S. Attorney. As a bottom line, if prioritized, Ritz can be confirmed in due course.

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Brian Murphy – Nominee to the U.S. District Court for the District of Massachusetts

Worcester criminal defense attorney Brian Murphy has been nominated to replace Judge Patti Saris on the U.S. District Court for the District of Massachusetts.

Background

Born in 1979 in Columbia, Maryland, Murphy received a B.A. from The College of Holy Cross in 2002, and then obtained a J.D. from Columbia Law School in 2006. Murphy then spent three years as a public defender at the Committee for Public Counsel Services and then joined Todd and Weld LLP in Boston.

Murphy joined Murphy & Rudolph LLP in 2011 and currently works as a Partner there.

History of the Seat

Murphy has been nominated for a seat on the U.S. District Court for the District of Massachusetts, replacing Judge Patti Saris, who will take senior status upon the confirmation of a successor.

Legal Career

Murphy started his legal career as a public defender before shifting to the Boston firm Todd & Weld. While at the firm, Murphy represented defendants charged in a 67 count tax conspiracy. See United States v. Pingaro, 784 F. Supp. 2d 77 (D. Mass. 2011).

Murphy has spent the largest portion of his legal career at Murphy & Rudolph, representing criminal defendants in Worcester, Massachusetts. For example, Murphy petitioned the Massachusetts Supreme Judicial Court to order that a transcript of grand jury instructions be produced for his client’s indictments. Robin v. Commonwealth, 480 Mass. 1025 (2018). In other cases, Murphy has represented defendants charged with selling cocaine, fentanyl and heroin in the Worcester area. See United States v. Cruz, 365 F. Supp. 3d 222 (D. Mass. 2019); United States v. Robles, 464 F. Supp. 3d 422 (D. Mass. 2020).

On the civil side, Murphy represented the Blackstone Headwaters Coalition in a suit alleging that the defendants were violating the Federal Water Pollution Control Act. See Blackstone Headwaters Coalition, Inc. v. Gallo Builders, Inc. et al., 410 F. Supp. 3d 299 (D. Mass. 2019). The suit was ultimately dismissed via summary judgment. See id.

Overall Assessment

Democrats are facing an increasingly tightening window for judicial confirmations before the end of the year. However, there is little in Murphy’s background that should cause him too much trouble in the confirmation process.

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Detra Shaw-Wilder – Nominee to the U.S. District Court for the Southern District of Florida

Recommended both by Sen. Marco Rubio and Florida House Democrats, Coral Gables attorney Detra Shaw-Wilder has now been nominated to fill the last vacancy on the U.S. District Court for the Southern District of Florida.

Background

Detra Shaw-Wilder received a B.S. from the University of Florida in 1990 and a J.D. from the University of Miami School of Law in 1994. After graduation, Shaw-Wilder joined Kozyak Tropin & Throckmorton, where she became Managing Partner in 2015 and General Counsel since 2017.

History of the Seat

Shaw-Wilder has been nominated for a seat on the U.S. District Court for the Southern District of Florida to replace Judge Robert Scola, who took senior status on October 31, 2023. Shaw-Wilder was the only candidate that was simultaneously recommended for the federal bench in 2021 by Senator Marco Rubio and Florida House Democrats, but was not nominated in the 3 judge batch put forward in late 2023.

Legal Career

Shaw-Wilder has spent her entire legal career at the Coral Gables firm Kozyak Tropin & Throckmorton where she currently serves as General Counsel. While at the firm, Shaw-Wilder has represented limousine drivers in a suit for overtime under the Fair Labor Standards Act. See Vidinliev v. Carey Intern. Inc. 581 F. Supp. 2d 1281 (N.D. Ga. 2008). Shaw-Wilder also represented three law firms in obtaining a large judgment against two attorneys for impropriety in settling various lawsuits. See Kane v. Stewart Tilghman Fox & Bianchi, 197 So. 3d 137 (Fla. App. 4th Dist. 2016).

Shaw-Wilder has also handled a number of federal appeals, including persuading the Eleventh Circuit to reverse a default judgment against Costa Rican corporation Parrot Bay Village, for lack of jurisdiction over the defendant. See Oldfield v. Pueblo de Bahia Lora, S.A., 558 F.3d 1210 (11th Cir. 2009).

Political Activity

Shaw-Wilder has a number of political donations to her name, all to Florida Democrats, including former federal judicial nominee Mary Barzee Flores during her run for Congress.

Overall Assessment

The last three nominations put forward to the Southern District with the support of Florida senators have sailed to confirmation. As of now, there is little reason to believe that Shaw-Wilder’s experience will be any different.

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