Author: Harsh Voruganti

Matthew Garcia – Nominee to the U.S. District Court for the District of New Mexico

The vacancy on the New Mexico District Court vacated by Judge Judith Herrera in 2019 is one of the longest pending judicial vacancies in the country. With the nomination of Matthew Garcia, the New Mexico district court is the closest it’s been in years to being fully staffed.

Background

Garcia received his B.A. from the University of New Mexico in 1999, a M.P.P. from the Harvard Kennedy School of Government in 2003, and a J.D. from the University of New Mexico School of Law in 2005. Garcia spent a year as a Fulbright scholar in Finland before joining Freedman Boyd Daniels Hollander Goldberg in Albuquerque as an associate.

In 2009, Garcia became a Partner with Bach & Garcia. In 2012, he shifted to become a Partner with Garcia Ives Nowara. In 2018, he became general counsel for incoming Governor Michelle Lujan Grisham in New Mexico. In 2020, he came Lujan Grisham’s chief of staff.

History of the Seat

Garcia has been nominated to a seat on the U.S. District Court for the District of New Mexico vacated on July 1, 2019 by Judge Judith Herrera’s move to senior status. In May 2020, President Trump nominated Brenda Saiz to fill the vacancy. However, New Mexico’s Senators refused to return blue slips on Saiz due to the Trump Administration’s decision to push through a nominee to replace Justice Ruth Bader Ginsburg upon her death. The Biden Administration then nominated Garcia.

Legal Career

Garcia started his legal career at the firm of Freedman Boyd Daniels Hollander Goldberg in Albuquerque. While at the firm, Garcia represented Auditor candidate Hector Balderas (currently New Mexico Attorney General) in a suit by the Republican Party by New Mexico blocking Balderas from replacing the previous Democratic party candidate on the ballot. See Johnson v. Vigil-Giron, 140 N.M. 667 (2006). Garcia also represented a water utility in a suit against the Dona Ana Mutual Domestic Water Consumers Association, which was dismissed based on municipal immunity. See Moongate Water Co. v. Dona Ana Mut. Consumers Ass’n, 145 N.M. 140 (2008).

In 2009, Garcia shifted to Bach & Garcia, where he worked on insurance litigation. See, e.g., Jordan v. Allstate Ins. Co., 149 N.M. 162 (2010).

In 2012, Garcia became a Partner at Garcia Ives Nowara. While at the firm, he represented the ACLU of New Mexico as amicus curiae in a suit against the New Mexico Children, Youth, and Families Department. See Ramirez v. State ex rel. Children, Youth & Families Dep’t, 326 P.3d 474 (N.M. App. 2014). Garcia also argued before the New Mexico Supreme Court in seeking to maintain a Whistleblower Protection Act claim against Secretary of State Mary Herrera. See Flores v. Herrera, 384 P.3d 1070 (N.M. 2016).

After the election of New Mexico Governor Michelle Lujan Grisham, Garcia joined her staff. In that role, he represented the Governor in inter-governmental litigation. See, e.g., State ex rel. Egolf v. N.M. Pub. Regulation Comm’n, 476 P.3d 896 (N.M. 2020). He also represented the Governor in successfully defending public health regulations governing the management of the Covid-19 pandemic. See Grisham v. Reeb, 480 P.3d 852 (N.M. 2020); see also Grisham v. Romero, 483 P.3d 545 (N.M. 2021).

Political Activity

Garcia has an extensive political history outside of his work for Lujan-Grisham. This includes multiple donations to President Barack Obama, New Mexico Attorney General Hector Balderas, and State Senator Eric Griego, all Democrats.

Overall Assessment

The 48-year-old Garcia brings both political connections and legal experience to the federal bench. While Garcia is likely to attract strong opposition due to his Democratic bona fides, it should nonetheless permit him to get confirmed by the end of the Congress.

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Jorge Rodriguez – Nominee to the U.S. District Court for the Northern District of New York

New York Assistant Attorney General Jorge Rodriguez, would be, if confirmed, the first Hispanic judge on the U.S. District Court for the Northern District of New York. However, his nomination has been the source of an ugly battle regarding his duty station, and Rodriguez becomes the first Biden nomination from a blue state who is more likely than not to remain unconfirmed.

Background

Jorge Alberto Rodriguez got his Bachelor of Arts from the Vanderbilt University in 2000 and went on to earn his J.D. from Vanderbilt University Law School in 2004. After law school, Rodriguez spent five years as an associate at Mahoney & Keane in New York City and then four years at Deily & Glastetter in Albany. In 2014, Rodriguez became an Assistant Attorney General in New York, where he currently works.

History of the Seat

Rodriguez has been nominated to a seat on the U.S. District Court for the Northern District of New York. This seat was to be vacated when Judge David Hurd takes senior status (he indicated that he will do so upon confirmation of a successor). However, Hurd expressed umbrage when Rodriguez was nominated, noting that he would only take senior status upon the appointment of a successor based in Utica (where Hurd sits). Hurd subsequently, after representatives for Sen. Kirsten Gillibrand indicated that Rodriguez was willing to move to Utica, unconditionally revoked his desire to take senior status.

Legal Experience

Rodriguez spent the first decade of his legal career in private practice, where he largely focused on corporate law. Among the matters he handled in this time, Rodriguez represented an attorney being sued for part of a share of legal fees by another attorney retained by the same client. See Gelband v. Matthews, 851 N.Y.S.2d 63 (Civil Ct. City of New York, New York Cnty, Sept. 26, 2007). He also represented shipping companies in an action brought against a dock side transportation company, which was dismissed for lack of federal jurisdiction. See Mediterranean Shipping Co. (USA) v. Rose, 2008 U.S. Dist. LEXIS 85615 (S.D.N.Y. Oct. 23, 2008).

Rodriguez also handled appellate matters during his time in private practice. For example, Rodriguez sought to overturn a dismissal by the trial court for his action for breach of contract and for replevin (an equitable remedy that involves returning personal property wrongfully seized). See Americredit Fin. Servs., Inc. v. Decoteau, 103 A.3d 761 (N.Y. App. Div. 2013).

Since 2014, Rodriguez has worked as an Assistant Attorney General for the State of New York. In this capacity, Rodriguez worked on civil recoveries and participated as an interested party in the prosecution of Martin Shkreli, a former hedge fund manager who was convicted of securities fraud, and his co-defendant Evan Greebel. See United States v. Greebel, 2017 U.S. Dist. LEXIS 225669 (E.D.N.Y. Oct. 13, 2017). See also United States v. Shkreli, 2018 U.S. Dist. LEXIS 230343 (E.D.N.Y. Feb. 26, 2018).

More recently, Rodriguez has defended against lawsuits challenging Governor Kathy Hochul’s school mask mandates. See Robert Gavin, Biden Picks Clifton Park Litigator as Region’s Next Federal Judge, Times Union, July 13, 2022, ​​https://www.timesunion.com/news/article/Biden-picks-Clifton-Park-litigator-for-AG-as-17303062.php.

Overall Assessment

With a career largely in commercial and civil litigation, Rodriguez would largely have avoided controversy in his confirmation. However, the controversy now rests on the seat he seeks to fill. With Hurd choosing to remain on the bench, it is unlikely that a vacancy still exists for Rodriguez to fill. Nonetheless, the White House has not withdrawn his nomination and the vacancy is still indicated on the U.S. Courts website (for now). Nonetheless, Rodriguez has little choice but to wait and hope that Hurd chooses to change his mind.

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Jamar Walker – Nominee to the U.S. District Court for the Eastern District of Virginia

A federal prosecutor, Jamar Walker would be the first openly LGBTQ judge on the Virginia federal bench if confirmed, and would also, at 36, be one of the youngest.

Background

A native of the Eastern shore of Virginia, Jamar Kentrell Walker received his B.A. from the University of Virginia in 2008 and then got a J.D. from the University of Virginia Law School in 2011.

After graduation, Walker clerked for Judge Raymond Alvin Jackson on the U.S. District Court for the Eastern District of Virginia and then joined the firm of Covington & Burling as an associate. In 2015, Walker joined the U.S. Attorney’s Office for the Eastern District of Virginia and has served there ever since.

History of the Seat

Walker has been nominated for a seat on the U.S. District Court for the Eastern District of Virginia. This seat opened on November 23, 2021, when his old-boss Judge Raymond Alvin jackson moved to senior status. Walker was recommended, along with state judge Kevin Duffan, by Virginia Senators Mark Warner and Tim Kaine to the White House on March 1, 2022. Walker was nominated on July 13, 2022.

Legal Experience

Walker started his legal career as an associate at Covington & Burling. At the firm, Walker was part of the legal team representing defense contractor Northrop Grumman in a suit arising from groundwater contamination from one of the contractor’s facilities. See Travelers Indem. Co. v. Northrop Grumman Corp., 999 F. Supp. 2d 552 (S.D.N.Y. 2014).

Since 2015, Walker has worked as a federal prosecutor with the U.S. Attorney’s Office for the Eastern District of Virginia. In his time with the office, he was able to convince the Fourth Circuit to overturn a judge granted motion of acquittal in a wire fraud and money laundering case. See United States v. Millender, 970 F.3d 523 (4th Cir. 2020).

Walker’s focus in the office was largely on white collar and corruption prosecutions. For example, Walker prosecuted Robert Lee Foster, a former senate staffer, for defrauding three women in their 60s and 70s. See Former Senate Staffer Sentenced to 38 Months for Defrauding Three Women, States News Service, Oct. 30, 2015. Walker also prosecuted Thomas Scott Brown for perpetuating a bank fraud scheme resulting in $2.7 million in losses. See Atlanta Man Sentenced to Three Years for $2.7 Million Bank Fraud, Justice Department Documents and Publications, Sept. 15, 2017.

Notably, Walker secured a $137 million penalty against Walmart for violations of the Foreign Corrupt Practices Act. See Walmart Inc. and Brazil-Based Subsidiary Agree to Pay $137 Million to Resolve Foreign Corrupt Practices Act Case, Legal Monitor Worldwide, June 29, 2019. He also secured a jury verdict against Anthony Eric Mitchell for his role in a fraudulent scheme that caused losses of $1.6 million. Va. U.S. Attorney: Jury Convicts Businessman of $1.4 Million Fraud Conspiracy, Targeted News Service, Oct. 18, 2019.

Overall Assessment

Walker’s nomination to the federal bench is both historic (for his status as the first openly LGBTQ nominee to the federal bench in Virginia) and conventional (for his background as a federal prosecutor). Nonetheless, if opposition galvanizes to Walker’s nomination, it will likely be based on his youth. However, setting that aside, there is little in Walker’s background that is likely to imperil his confirmation.

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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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