Month: June 2024

Danna Jackson – Nominee to the U.S. District Court for the District of Montana

The first new judicial nominee to the District of Montana in over a decade, Danna Jackson would, if confirmed, be the first Native American judge on the Montana federal bench.

Background

A Montana native, Jackson grew up on the Flathead Indian Reservation in Montana. She received a B.A. from the University of Montana in 1993 and her J.D. subsequently from the University of Montana Law School in 1996. Jackson subsequently worked for the National Indian Gaming Commission and then as a legislative assistant in the U.S. Senate from 2002 to 2005, working for Democratic Senator Tim Johnson. Jackson then joined Akin Gump Strauss Hauer & Feld LLP as counsel.

In 2010, Jackson became a federal prosecutor in Montana. In 2016, she left the position to become Chief Legal Counsel at the Department of Natural Resources and Conservation in Helena. In 2021, she moved to the U.S. Department of the Interior as Senior Counselor to the Director of the Bureau of Land Management and to the Assistant Secretary for Water and Science.

Since 2023, Jackson has served as Tribal Attorney for the Confederated Salish and Kootenai Tribes.

History of the Seat

Jackson has been nominated for a vacancy on the U.S. District Court for the District of Montana to replace Judge Dana Christensen, who will take senior status upon the confirmation of a successor. She has the support of Sen. Jon Tester for the district court but not of Sen. Steve Daines, who has indicated that he will not return a blue slip for Jackson.

Legal Experience

Jackson has held a variety of positions during her legal career, including in both state and federal governments, in the U.S. Senate, as well as in private practice. For example, early in her career, Jackson represented James Van Gundy, who sued the mining company P.T. Freeport Indonesia for wrongful discharge. See Van Gundy v. PT Freeport Indonesia, 50 F. Supp. 2d 993 (D. Mont. 1999).

However, the most significant portion of Jackson’s career in litigation is her time as a federal prosecutor in Montana. In her role as an Assistant U.S. Attorney with the District of Montana, Jackson prosecuted a variety of offenses, including handling revocations of supervised release. See, e.g., United States v. Whitford, No. CR 13-23-GF-BMM (D. Mont. Oct. 4, 2016) (revoking supervised release based on the defendant’s use of methamphetamines and opioids). Jackson also worked on opposing section 2255 petitions from defendants seeking to correct alleged illegalities in their sentence. See, e.g., United States v. Doney, No. CR-14-82-GF-BMM (D. Mont. Aug. 9, 2018).

Statements and Writings

Jackson has frequently written on the law, particularly involving issues of Indian law. While some of her writings expounds on the current nature of law, other articles advocated for changes to the law. For example, while a staffer with Johnson’s office, Jackson wrote in support of strengthening voting rights protections for Indian voters. See Danna R. Jackson, Eighty Years of Indian Voting: A Call to Protect Indian Votings Rights, 65 Mont. L. Rev. 269 (2004) (available at https://scholarworks.umt.edu/cgi/viewcontent.cgi?article=2313&context=mlr). In particular, Jackson was critical of increased voter id efforts pushed by South Dakota Republicans, noting that such efforts likely led to decreased registration among Indian voters. See id. at 287.

In another article written during her time as a prosecutor, Jackson discussed the overlap between tribal jurisdiction and federal jurisdiction regarding crimes that were committed on tribal lands, and advocated for greater communication and collaboration between the tribes and federal government in determining the right actors to charge certain crimes. See Danna R. Jackson, Cooperative (and Uncooperative) Federalism at Tribal, State, and Local Levels: A Case for Cooperative Charging Decisions in Indian Country, 76 Mont. L. Rev. 127 (2015) (available at https://core.ac.uk/download/pdf/232676413.pdf).

Political Activity

Jackson has frequently been a donor to other Montana politicians. While almost all of Jackson’s political contributions have been to Democrats, Jackson has also given to nonpartisan candidates such as Chief Justice Mike McGrath of the Montana Supreme Court, as well as to 2020 Republican Attorney General candidate Jon Bennion.

Overall Assessment

As of this moment, Jackson’s largest obstacle to confirmation is not anything in her own record but rather the blue slip policy, which requires the acquiescence of her home state senator. As long as Senator Daines maintains opposition (as he has declared) to moving Jackson’s nomination, she is unlikely to be confirmed.

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Judge Cynthia Valenzuela Dixon – Nominee to the U.S. District Court for the Central District of California

A judge in California’s specialized State Bar Court, Valenzuela has been tapped for a seat on the Central District of California.

Background

Born in 1969, Valenzuela received her B.A. from the University of Arizona in 1991 and a J.D. from the University of California Los Angeles Law School in 1995. Valenzuela then spent three years as Special Assistant to the U.S. Commission on Civil Rights and an additional three as a trial attorney with the U.S. Department of Justice Civil Rights Division.

In 2000, Valenzuela became an Assistant U.S. Attorney for the Central District of California. In 2006, she left to become head of national litigation with the Mexican American Legal Defense and Educational Fund. In 2011, Valenzuela became a Criminal Justice Act Supervising Attorney with the Central District of California.

In 2016, the California Supreme Court appointed Valenzuela to become a judge on the California State Bar Court, where she currently serves.

History of the Seat

Valenzuela has been nominated to the U.S. District Court for the Central District of California, to replace Judge Philip Gutierrez, who will take senior status on October 15, 2024.

Legal Experience

Valenzuela started her legal career working for the United States Commission on Civil Rights, where she worked as an advisor to the Vice-Chairman. She then spent two years as a civil rights attorney with the Department of Justice.

In 2000, Valenzuela became a federal prosecutor in the Central District of California. Among her notable cases as a federal prosecutor, Valenzuela prosecuted a health care fraud case ending in an 18 month sentence. See United States v. Usanga, CR-04-273-LGB (C.D. Cal.) (Baird, J.). She also prosecuted a bank robbery case that resulted in a jury trial and conviction. See United States v. Ayers, CR 01-286-R (C.D. Cal.) (Real, J.).

From 2006 to 2011, Valenzuela worked at the Mexican American Legal Defense and Education Fund (MALDEF), where she served as the National Vice President of Litigation. Notably, Valenzuela represented students challenging the Tucson Unified School District’s school assignment plan as racially discriminatory against black and Mexican students. See Fisher v. United States, 549 F. Supp. 2d 1132 (D. Ariz. 2006) (Bury, J.).

From 2011 to 2016, Valenzuela managed the Central District of California’s indigent defense panel under the Criminal Justice Act, setting standards and monitoring counsel appointed for indigent defendants.

Jurisprudence

Since 2016, Valenzuela has served as a judge on the California State Bar Court, which allows her to preside over attorney disciplinary matters. In this role, Valenzuela presided over more than 100 bench trials involving attorney disciplinary proceedings.

Notably, Valenzuela ruled that attorney Benjamin Povone’s reference to a judge as “succubistic” did not warrant discipline as it was protected by the First Amendment. See Lawyer Draws One-Month Suspension for Potshots, Metropolitan News-Enterprise, Feb. 16, 2022, http://www.metnews.com/articles/2022/SUCCUBUSTIC_021622.htm. However, Valenzuela nonetheless recommended a one-month suspension based on filings that accused a judge of bias and partiality. See id.

Political Activity

Valenzuela has a handful of political contributions to her name, including donations to Presidents Obama and Biden, and to Governor Gavin Newsom.

Overall Assessment

Coming from a court primarily focused on issues of ethics rather than of regular litigation Valenzuela would bring a different background to the bench. Nonetheless, Valenzuela’s two decades of experience with criminal and civil litigation should give her the base needed to manage a docket as a trial judge.

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Mary Kay Lanthier – Nominee to the U.S. District Court for the District of Vermont

Longtime public defender Mary Kay Lanthier has been tapped for a rare opening on the Vermont District Court bench.

Background

Lanthier received a B.A. from Amherst University in 1993 and a J.D. from the Northeastern University School of Law in 1996. Lanthier then completed a two year clerkship in the Vermont state court system and then joined Keiner & Dumont, P.C.

Lanthier then joined the Addison County Public Defender’s Office and after three years returned to private practice at Marsh & Wagner, P.C.

In 2007, Lanthier became the supervising attorney in the Rutland County Public Defender’s Office, where she still serves.

History of the Seat

Lanthier has been nominated for a vacancy on the U.S. District Court for the District of Vermont to replace Judge Geoffrey Crawford, who will take senior status on August 9, 2024. Lanthier was one of three candidates recommended for the vacancy by Vermont Senators.

Legal Experience

Lanthier has spent most of her legal career in indigent defense, serving most recently as a supervising attorney in the Rutland County Public Defender’s Office, where she represents indifent defendants in state court. For example, Lanthier persuaded a judge to grant bail to Ashleigh Gursky, a teenager charged with aggravated assault on a police officer. See Kathleen Phalen Tomaselli, Judge Grants Teen’s Bail Bid, Rutland Herald, June 23, 2016, https://www.rutlandherald.com/news/judge-grants-teen-s-bail-bid/article_62f4b626-4f08-5e2e-87e1-d97a97fa085a.html.

Notably, Lanthier was part of the legal team challenging the detention of David Downing, arguing that Vermont law, which prevents a defendant from being held in jail more than 60 days without bail before trial, prevents him from being held without bail if there is no possibility that the trial can be set within 60 days. See State v. Downing, 247 A.3d 150 (Vt. 2020). The Vermont Supreme Court disagreed, ruling that the statute doesn’t prevent a defendant from being held without bail for sixty days even where there is no possibility that he can be tried within that time. See id.

Statements and Writings

As a law clerk, Lanthier published one of the papers that she had previously authored as a law student. See Mary Kay Lanthier, Children’s Right to Be Heard, 2 NU Forum 1 (1997). The paper discusses the rights of children in civil proceedings called “CHINS” or “child in need of services.” See id.

Overall Assessment

The Biden Administration has made a commitment to adding more public defenders to the federal bench, and have made significant strides in this regard. The nomination of Lanthier follows this pattern. While several of these nominees have drawn fierce opposition due to their background, most have been confirmed. Barring anything unusual, Lanthier should be able to be confirmed by the end of the year as well.

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Judge Adam Abelson – Nominee to the U.S. District Court for the District of Maryland

In less than four years, the District of Maryland has largely been transformed, with President Biden placing five new judges onto the court. With the elevation of Magistrate Judge Adam Abelson, Biden is hoping for a sixth.

Background

Born in 1982, Abelson received a B.A. cum laude from Princeton University in 2005, and subsequently completed a fellowship with Human Rights Watch before spending a year as a paralegal with the New York office of Akin Gump Strauss Hauer & Feld. Abelson then received a J.D. cum laude from the New York University School of Law.

After graduation, Abelson clerked for Judge Catherine Blake on the U.S. District Court for the District of Maryland and then for Judge Andre Davis on the U.S. Court of Appeals for the Fourth Circuit. He subsequently joined the Baltimore Office of Zuckerman Spaeder, becoming a Partner in 2020.

In 2023, Abelson was appointed to be a U.S. Magistrate Judge for the District of Maryland, where he currently serves.

History of the Seat

Abelson has been nominated for a seat on the U.S. District Court for the District of Maryland to replace Judge James Bredar, who moved to senior status on April 30, 2024.

Legal Career

Abelson has spent his pre-bench legal career at the firm of Zuckerman Spaerder, where he worked in litigation, handling both civil and criminal cases. Abelson tried one jury and five bench trials during his time with the firm. For example, Abelson was part of the legal team in a class action lawsuit against United Healthcare that resulted in a bench trial before Judge J. Paul Oetken in the U.S. District Court for the Southern District of New York. See Medical Society of the State of New York, et al. v. UnitedHealth Group, Inc., et al., No. 16-cv-5265 (S.D.N.Y. J. Paul Oetken). The sole jury trial involved Abelson’s representation of former White House Counsel Gregory Craig in a prosecution brought by Special Counsel Robert Mueller. See United States v. Craig, No. 19-cr-125, 401 F. Supp. 3d 49 (D.D.C. 2019) (Hon. Amy Berman Jackson). Craig was acquitted after a three-week jury trial.

Among other cases, Abelson represented People for the Ethical Treatment of Animals (“PETA”) in a successful suit regarding the care for endangered animals at a zoo in Maryland. See People for the Ethical Treatment of Animals v. Tri-State Zoological Park, No. 17-cv-2148 (D. Md. Hon. Paula Xinis).

On the appellate side, Abelson argued before the Fourth Circuit in defending a district court decision awarding disability benefits to his client, former NFL player Jesse Solomon. See Solomon v. Bell/Rozelle NFL Player Retirement, 860 F.3d 259 (4th Cir. 2017).

Political Activity

Abelson had been a frequent donor to Maryland Democrats before he joined the bench. Maryland Comptroller Brooke Lierman, with whom Abelson clerked on the District of Maryland, was a frequent recipient of Abelson’s contributions.

Jurisprudence

Abelson has served as a U.S. Magistrate judge in Maryland since his appointment in 2023. In this role, he handles settlement, discovery, and makes recommendations on dispositive motions as well as presiding over cases where the parties consent.

In his short tenure as a magistrate, Abelson has not presided over any trials and has primarily overseen discovery disputes and settlement proceedings. Among the matters he is currently presiding over, Abelson is overseeing a case alleging violations of the Family and Medical Leave Act by the Baltimore Police Department. See Lloyd v. Baltimore Police Dep’t, 23-cv-01987-ABA (D. Md.).

Overall Assessment

Four of Biden’s six nominations to the District of Maryland have been U.S. Magistrate Judges. For his part, Abelson would bring to the position extensive litigation experience balanced against his relative youth. If confirmed, Abelson can expect to serve on the district court for decades.

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Judge Joseph Saporito – Nominee to the U.S. District Court for the Middle District of Pennsylvania

A fixture of the Luzerne County legal community, Chief Magistrate Judge Joseph Saporito is President Biden’s third nominee to the Middle District of Pennsylvania.

Background

A native of Pittston Pennsylvania, where he was born in 1960, Saporito received a B.A. from Villanova University in 1982 and a J.D. from Dickinson School of Law in 1985. He then spent two years as his father’s office as an Associate before moving to a joint practice, where he stayed for 28 years. Saporito also spent thirty years as a part-time assistant public defender in Wilkes-Barre.

In 2015, Saporito became a U.S. Magistrate Judge with the Middle District of Pennsylvania, where he currently serves as Chief Magistrate.

History of the Seat

Saporito has been nominated to replace Judge Malachy Mannion, who moved to senior status on January 3, 2024.

Legal Experience

Saporito has spent his entire legal career in practice in Luzerne County, practicing both civil and criminal law. Among the cases he handled, Saporito represented a cabinetmaker who sued the Town of Exeter in seeking permission to use his property for his business. See Scalzo v. Twp. of Exeter, No. 4:96-cv-01760 (M.D. Pa. filed Sept. 27, 1996). On the criminal side, Saporito represented an individual charged with possession with intent to distribute ecstasy, who was acquitted after a jury trial. See Commonwealth v. Singer, No. 1893 of 2001 (Luzerne Cnty. (Pa.) Ct. Com. Pl.).

Additionally, Saporito also served as a part-time assistant public defender between 1985 and 2015 in Luzerne County. Among his notable cases in this role, Saporito secured an acquittal for a defendant charged with assaulting a homeless man. See Commonwealth v. Geasey, No. 1656 of 2009 (Lucerne Cnty. (Pa.) Ct. Com. Pl.).

Judicial Experience

From 2015, Saporito has served as a federal magistrate judge. As a magistrate judge, Saporito handles arraignments and bail decisions, as well as presiding over cases where parties consent. As a magistrate judge, Saporito has presided over 14 jury trials and two bench trials. Among these trials, Saporito presided over a medical negligence trial regarding the misdiagnosis of an ankle fracture as a sprain. See Hunter v. Kennedy, No. 3:17-cv-00007 (M.D. Pa.).

Among the notable opinions that Saporito has authored, he ruled that qualified immunity required dismissal of a lawsuit brought by a student who was injured while in gym class without appropriate protective equipment. See Cuvo v. Pocono Mountain Sch. Dist., 2022 WL 836821 (M.D. Pa. Mar. 21, 2022). Saporito’s decision was affirmed on appeal. See Cuvo v. Pocono Mountain Sch. Dist., 2023 WL 4994527 (3d Cir. Aug. 4, 2023).

Political Activity

Saporito has donated extensively throughout until his ascension to the bench, giving mostly to Pennsylvania Democrats. Saporito has donated particularly frequently to Sen. Bob Casey, giving approximately $3000-4000 to his campaigns.

Overall Assessment

With a decade on the bench and an additional three decades in practice, Saporito approaches the federal bench with an extensive record. However, there is little in Saporito’s record that is likely to ignite controversy, and, as such, he is favored to gain a lifetime appointment by the end of the year.

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Judge Meredith Vacca – Nominee to the U.S. District Court for the Western District of New York

After the nomination of Rochester attorney Colleen Holland stalled, the White House has put forward the nomination of Monroe County Court Judge Meredith Vacca to fill this vacancy on the Western District of New York.

Background

Born in Busan, South Korea in 1980, Vacca received a Bachelor of Arts from Colgate University in 1998 and went onto earn her J.D. from the University of Buffalo School of Law in 2005. Vacca then spent two years as an Associate at Hamberger & Weiss in Buffalo before joining the Monroe County District Attorney’s Office in Rochester.

In 2020, Vacca was elected to the Monroe County Count, and currently serves in that role as well as an Acting Supreme Court Justice.

History of the Seat

Vacca has been nominated to a seat on the U.S. District Court for the Western District of New York. This seat opened on April 1, 2023, when Judge Frank Geraci moved to senior status. President Biden previously nominated Rochester attorney Colleen Holland to fill this vacancy. However, Holland never received a hearing and ultimately withdrew her nomination.

Legal Experience

Vacca started her legal career at Hamberger & Weiss in Buffalo, where she worked primarily in workers compensation defense. She left this position after around two years to become a prosecutor in Rochester.

From 2007 to 2020, Vacca worked as a prosecutor working on criminal matters. Throughout her time with the office, Vacca tried approximately 30 jury and bench trials. One of those trials was in the prosecution of Robert Norry, who was convicted and sentenced to 25 years in prison for fatally stabbing his girlfriend. See Will Cleveland, Man Sentenced in Brutal Fatal Stabbing of Girlfriend Inside Caroline Street Apartment, Democrat & Chronicle, May 30, 2019, https://www.democratandchronicle.com/story/news/2019/05/30/robert-norry-guilty-murder-kelly-omay-rochester-caroline-street/1289792001/. Vacca also worked on the prosecution of Clayton Whittemore, who was convicted of beating his girlfriend to death in her dorm room. See Meaghan McDermott, Clayton Whittemore Gets Max Sentence in Dorm Killing, Democrat & Chronicle, Aug. 5, 2014, https://www.democratandchronicle.com/story/news/2014/08/05/whittemore-sentenced-savage-beating-death-gf/13614259/.

Jurisprudence

Since her election in 2021, Vacca has served as a County Court Judge in Monroe County, New York. In this role, Vacca presides over felony criminal matters as well as appeals from the town, village, and city courts. Notably, Vacca presided over the guilty plea and sentencing of Jarrod Dozier, who plead guilty to shooting and killing Terry Howard. See Jennifer Lewke, Man Sentenced to 22 Years for Killing Rochester Father in Front of His Two Children, News 10, Jan. 30, 2024, https://www.whec.com/top-news/man-responsible-for-november-fatal-shooting-sentenced-to-22-years-in-prison/. Vacca sentenced Dozier to twenty two years in prison for the shooting. See id.

Most of Vacca’s decisions that have been appealed have been affirmed. See, e.g., People v. Rufus, 220 A.D.3d 1162 (N.Y. Sup. App. Div. 4th 2023) (affirming conviction for driving while intoxicated). However, in another notable decision, the New York Supreme Court, Appellate Division, reversed Vacca’s ruling allowing a defendant to be charged with criminal trespass in the third degree as a lesser included offense of burglary in the third degree. See People v. Newman, 214 A.D.3d 1451 (N.Y. Sup. App. Div. 4th 2023). The Appellate Court found that, because criminal trespass includes the element that the building entered in fenced or enclosed, which is not an element of burglary, that the charge cannot be considered a lesser included offense. See id.

Since 2023, Vacca also serves as an Acting Supreme Court Justice (in New York, the Supreme Court is the trial court). This role has Vacca preside over certain civil matters.

Overall Assessment

Vacca’s nomination has already proceeded faster and farther than Holland’s, having reached a Judiciary Committee hearing. If prioritized, Senate Democrats should be able to confirm Vacca’s nomination before the end of the Congress.

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