Author: Harsh Voruganti

Judge Gail Weilheimer – Nominee to the U.S. District Court for the Eastern District of Pennsylvania

In a sustained push to fill all the vacancies on the Eastern District of Pennsylvania, President Biden has put forward the third nominee in as many months to the Philadelphia based court, Judge Gail Weilheimer.

Background

Weilheimer received a B.A. from Hofstra University in 1992 and a J.D. from Hofstra University School of Law in 1995. Weilheimer then spent seven years as an assistant district attorney in Philadelphia. Between 2002 and 2013, Weilheimer was in private practice, cycling between various firms.

Additionally, in 2004, she was elected to be a Commissioner in Abington Township in Pennsylvania. Weilheimer held that post until 2008.

Since 2014, Weilheimer has been a judge on the Montgomery County Court of Common Pleas.

History of the Seat

If confirmed, Weilheimer would replace Judge Gene Pratter, who passed away on May 17, 2024.

Legal Experience

Weilheimer started her career at the Philadelphia District Attorney’s office, where she worked as a prosecutor. After leaving that office, Weilheimer’s next long-term position was at Frank, Rosen, Snyder & Moss, where she managed the firm’s criminal defense practice. Weilheimer subsequently moved to Wisler Pearlstine LLP, where she represented various public sector entities, including courts, schools, and municipalities. For example, Weilheimer represented Montgomery County in defending against a suit by a bail bondsman seeking to become a surety in Montgomery County. See Com. v. Liberty Bail Bonds, 8 A.3d 1031 (Com. Ct. Pa. 2010).

Jurisprudence

Since 2014, Weilheimer has served as a Judge on the Montgomery County Court of Common Pleas. In Pennsylvania, the Court of Common Pleas serves as the primary trial court, handling both civil and criminal cases.

Early in her time on the bench, Weilheimer was assigned to the Civil Division, handling both civil and family/custody matters. See, e.g., Mew v. J.S., No. 3279 EDA 2015 (Pa. Sup. Aug. 24, 2016). Weilheimer also handled a number of criminal matters as well. See, e.g., Com. v. King, No. 3891 EDA 2016 (Pa. Sup. June 27, 2018).

Among Weilheimer’s notable decisions, she granted judgment on the pleadings dismissing a lawsuit alleging that the Reilly foam corporation intentionally altered manufacturing equipment at the expense of worker safety. See Phansackdy v. Reilly Foam Corp., No. 2713 EDA 2018 (Pa. Sup. May 20, 2019).

Weilheimer’s decisions appealed to the Pennsylvania Superior Court have generally been affirmed. See, e.g., Polis v. Polis, No. 1976 EDA 2015 (Pa. Sup. Oct. 7, 2016) (praising the “well-reasoned opinions of the Honorable Gail Weilheimer”). See also Commonwealth v. Kent, No. 2480 EDA 2016 (Pa. Sup. Sept. 6, 2017) (noting that the “trial court opinion comprehensively discusses and properly disposes of the question presented.”).

Political Activity

Before she was elected to the bench, Weilheimer was a frequent political donor, giving more than $40,000 in 2013, for example, to the Pennsylvania Democratic party.

Overall Assessment

Given the increasingly tightening window for Senate confirmation, the Biden Administration is increasingly leaning into conventional candidates for the federal bench, hoping that their uncontroversial backgrounds make for smoother confirmations. Weilheimer fits into that trend, and, assuming no fireworks through the process, looks likely to make it through.

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Julia Lipez – Nominee to the U.S. Court of Appeals for the First Circuit

The daughter of a prominent First Circuit Judge, Maine Superior Court Judge Julia Lipez is poised to take the seat that her father once held.

Background

The daughter of First Circuit Judge Kermit Victor Lipez, Julia Lipez received a B.A. magna cum laude from Amherst College in 2002 and her J.D., with distinction from Stanford Law School in 2006. After graduating, Lipez clerked for Judge Diana Gribbon Motz on the U.S. Court of Appeals for the Fourth Circuit.

Lipez then joined the New York office of Wilmer Cutler Pickering Hale and Dorr LLP (Wilmer Hale). Lipez then shifted to the U.S. Attorney’s Office for the District of Maine, where she became Appellate Chief.

In 2022, Governor Janet Mills appointed Lipez to the Maine Superior Court, where she has served since.

History of the Seat

Lipez has been nominated for a vacancy on the U.S. Court of Appeals for the First Circuit. If confirmed, Lipez would replace Judge William Kayatta, who will take senior status upon confirmation of a successor. Kayatta himself replaced Lipez’s father.

Legal Experience

After her clerkship, Lipez joined WilmerHale as an Associate, where she primarily worked on civil litigation. Notably, during this time, Lipez was part of the legal team representing the City of New Haven in the landmark Supreme Court case of Ricci v. DeStefano (the team was led by future federal judge Victor Bolden). See Ricci v DeStefano, 557 U.S. 557 (2009). In Ricci, the Supreme Court narrowly sided with the City in approving its use of eminent domain to seize land for economic development rather than direct public use. See id.

On the criminal side, Lipez, alongside former Solicitor General Seth Waxman and future federal judge Paul Engelmayer, represented Ronald Ferguson, the CEO of the General Reinsurance Corporation, alleging fraud and other offenses arising from the collapse of AIG. See United States v. Ferguson, 676 F.3d 260 (2d Cir. 2011).

From 2011 to 2022, Lipez served as a federal prosecutor in the U.S. Attorney’s Office for the District of Maine. Notably, Lipez served as the office’s Human Trafficking Coordinator between 2014 and 2022, and the office’s Appellate chief between 2015 and 2022. During this time, Lipez argued around 15 cases before the First Circuit and tried seven jury trials.

Notably, Lipez prosecuted David Miller for transporting his minor adopted daughter across state lines for criminal sexual activity. See United States v. Miller, 911 F.3d 638 (1st Cir. 2018). Lipez also successfully argued before the First Circuit (in a panel that included former Supreme Court Justice David Souter) to defend tax evasion and fraud convictions for a doctor who illegally documented and wrote off phony medical debt. See United States v. Sabean, 885 F.3d 27 (1st Cir. 2018).

Judicial Experience

Since 2022, Lipez has served as a judge on the Maine Superior Court, which is a trial court of general jurisdiction, but also oversees administrative appeals. During her time as a judge, Lipez has presided over 14 jury and seven bench trials.

Notably, Lipez affirmed a decision by Secretary of State Shanna Bellows to bar Chris Christie from the Maine Republican Presidential Primary ballot, finding that he had not submitted sufficient valid signatures for the ballot. See Susan Cover, Judge Upholds Decision to Leave Chris Christie Off Maine Ballot, Saying He Failed to Get Enough Signatures, Spectrum News, Dec. 22, 2023, https://spectrumlocalnews.com/me/maine/politics/2023/12/22/judge-upholds-decision-to-leave-chris-christie-off-maine-ballots.

Among other notable cases, Lipez denied motions to dismiss sexual assault charges against a defendant based on speedy trial and double jeopardy after his first jury deadlocked. See State v. Michaud, KENCD-CR-19-2763 (Me. Super. Ct.).

Writings

As a law student at Stanford, Lipez authored a paper discussing California’s programs to help ex-offenders return to the workforce after prison. See Julia Lipez, A Return to the “World of Work”: An Analysis of California’s Prison Job Training Programs and Statutory Barriers to Ex-Offender Employment, Crime and Punishment Policy: Reforming California Corrections, Jan. 27, 2006, available at https://law.stanford.edu/index.php?webauth-document=child-page/266901/doc/slspublic/JLipez_05.pdf. In the paper, Lipez outlines California’s current schemes but also posits that more assertive policy changes are necessary in California to ensure that ex-offenders are able to return to the workforce. Specifically, Lipez recommends increased training for offenders in the fields of carpentry, as well as in reception and clerical positions in offices. See id. at 41-42. Lipez argues that, improving employment prospects significantly cuts down on recidivism, making everyone safer. See id. at 45.

More recently, Lipez co-authored an article discussing strategies for prosecutors to develop a successful practice with human trafficking cases. See Kate Crisham and Julia Lipez, Developing a Successful Human Trafficking Practice, 70 Dep’t of Just. J. Fed. L. & Prac. 297 (2022).

Overall Assessment

With President Biden’s announcement that he will not be seeking re-election, he nonetheless can point to judges as one of the strongest accomplishments of his first term. This impact is likely to be strengthened by the confirmation of Lipez.

Setting aside her famous parentage, Lipez brings to her nomination extensive litigation experience on both the civil and criminal side, as well as appellate experience and time spent on the bench. As such, despite her youth, Lipez can certainly be deemed qualified for the bench. If confirmed, Lipez, as the youngest judge to join the First Circuit since Stephen Breyer in 1980, would likely play a significant role in shaping First Circuit jurisprudence.

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Laura Provinzino – Nominee to the U.S. District Court for the District of Minnesota

Minnesota prosecutor Laura Provinzino has prosecuted a number of extremely serious sexual assault and human trafficking cases throughout her career, including the prosecution of “Minnesota’s Jeffrey Epstein.” She is now poised to join the federal bench.

Background

Born in 1975 in St. Cloud, Minnesota, Provinzino attended Lewis & Clark College, receiving a B.A. in 1998. She then attended Oxford University and then Yale University Law School, graduating in 2003.

After graduation, Provinzino clerked for Judge Diana Murphy on the U.S. Court of Appeals for the Eighth Circuit. She then spent two years as a Wellstone legal fellow with The Advocates for Human Rights and then joined the Minneapolis office of Robins Kaplan LLP as a litigation associate. In 2010, Provinzino left the firm to become a federal prosecutor with the U.S. Attorney’s Office for the District of Minnesota, where she currently serves.

History of the Seat

Provinzino has been nominated for a seat on the U.S. District Court for the District of Minnesota to replace Judge Wilhemina Wright, who resigned from the bench on February 15, 2024.

Legal Career

Provinzino began her legal career as a litigation associate at Robins Kaplan LLP, where she worked on civil litigation. Notably, Provinzino notably represented the parents of a disabled child who suffered significant physical abuse in a suit against the Mayo Clinic for their failure to fulfill their mandatory reporting requirements after getting news of the abuse. See Becker v. Mayo Found., 737 N.W.2d 200 (Minn. 2007) (Anderson, J.). The case concluded with a jury trial that ended in a verdict for the Mayo Clinic.

In 2010, Provinzino shifted to become a federal prosecutor with the U.S. Attorney’s Office for the District of Minnesota, where she worked in the Major Crimes Division. See, e.g., United States v. Mathis, 992 F.3d 686 (8th Cir. 2021). While with the office, Provinzino worked as the office’s coordinator of the Project Safe Childhood, which worked to prosecute the sexual exploitation of children, and then as the coordinator for human trafficking prosecutions. Notably, Provinzino prosecuted Anton Lazzaro, also known as Minnesota’s “Jeffrey Epstein.” See Kirsten Swanson, Meet the Woman Who Prosecuted ‘Minnesota’s Jeffrey Epstein’, KSTP.com, Sept. 12, 2023, https://kstp.com/kstp-news/top-news/meet-the-women-who-prosecuted-minnesotas-jeffrey-epstein/. Provinzino also argued appeals during her time with the office, successfully defending convictions for the trafficking of a juvenile male from the Dominican Republic for work in a restaurant. See United States v. Sukhtipyaroge, 1 F.4th 603 (8th Cir. 2021).

Political Activity

Provinzino has made a number of political donations throughout her career, all to Democrats.

Overall Assessment

Minnesota prosecutor Laura Provinzino has had a career that parallels that of U.S. District Judge Jeffrey Bryan, who was, like Provinzino, an associate at Robins Kaplan LLP and a federal prosecutor. Bryan was confirmed comfortably and, it appears, despite a closing window, that Provinzino should as well.

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Mary Kay Costello – Nominee to the U.S. District Court for the Eastern District of Pennsylvania

In a rush to fill as many vacancies as they can before the 2024 election, AUSA Mary Kay Costello has been nominated by the Biden Administration to fill the oldest pending vacancy in Pennsylvania.

Background

Born in 1968, Costello received a B.A. summa cum laude from Temple University in 1998 after eight years in the U.S. Air Force. Costello then received a J.D. from the Temple University Beasley School of Law in 2001. Costello then joined Saul Ewing LLP in Philadelphia. In 2004, Costello joined the Philadelphia office of Akin Gump Strauss Hauer & Feld LLP.

In 2008, Costello became an Assistant U.S. Attorney with the Eastern District of Pennsylvania, where she has served since.

History of the Seat

Costello has been nominated for a seat on the U.S. District Court for the Eastern District of Pennsylvania. This seat opened on December 31, 2021, when Judge Cynthia Rufe moved to senior status.

Legal Experience

While Costello started her career in private practice, she has spent the largest portion of her career as a federal prosecutor. Costello started her time with the office prosecuting narcotics cases. See, e.g., United States v. Yokshan, 658 F. Supp. 2d 654 (E.D. Pa. 2009). In another notable case, Costello prosecuted violations of the Lacey Act, which bars the illegal trafficking of animals. See United States v. MacInnes, 23 F. Supp. 3d 536 (E.D. Pa. 2014).

Costello’s career also included arguing appeals before the Third Circuit. For example, Costello argued in favor of an inventory search of an automobile against a Fourth Amendment challenge. See United States v. Mundy, 621 F.3d 283 (3d Cir. 2010). See also United States v. Joseph, 730 F.3d 336 (3d Cir. 2013).

Political Activity

Costello’s only political contributions consist of two contributions to Biden and two to Sen. Bob Casey.

Overall Assessment

Provided that her nomination is able to fit into the crowded Senate schedule, Democrats should be able to confirm Costello and fill this vacancy.

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Judge Noel Wise – Nominee to the U.S. District Court for the Northern District of California

Alongside Trina Thompson and Eumi Lee, Noel Wise marks the third Alameda County Superior Court judge named to the Northern District by President Biden.

Background

The 56 year old Wise got her B.S. from the University of Nevada in 1989 and her J.D. cum laude from Nova Southeastern University School of Law in 1993. Wise clerked for Justice Harry Lee Anstead on the Florida Fourth District Court of Appeals and then joined the U.S. Department of Justice, Environmental and Natural Resources Division, as a trial attorney in Washington D.C.

In 2002, after obtaining a J.S.M. from Stanford Law School, Wise returned to San Francisco to become Of Counsel at Stoel Rives LLP. In 2004, she left to become an in-house counsel at Pacific Gas and Electric Company. In 2006, she became a partner at Wise Gleicher in Alameda.

In 2014, Governor Jerry Brown appointed Wise to the Alameda County Superior Court to replace Judge Carrie McIntyre Panetta. Wise has served on the court since.

History of the Seat

Wise has been nominated to the U.S. District Court for the Northern District of California, to replace Judge Edward Davila, who will take senior status upon confirmation of a successor.

Legal Experience

Wise has held a number of different positions throughout her legal career, but has primarily worked in environmental law, starting at the Department of Justice as a trial attorney in the Environmental and Natural Resources Division.

Later in her career, Wise worked at the Pacific Gas and Electric Company as head environmental attorney.

Jurisprudence

Since 2014, Wise has served as a judge on the Alameda County Superior Court. In this role, she presides over trial court matters in criminal, civil, family, and other state law matters. Among her notable decisions as a judge, Wise dismissed a class action wage suit filed against the Alameda Health System, ruling that the System was a “statutorily created public agency” that was not subject to the California labor code. See Stone v. Alameda Health System, 88 Cal. App. 5th 84 (Cal. 1st Dist. Div. 5 2023). The Court of Appeals reversed the ruling. See id. In another notable ruling, Wise found that Governor Gavin Newsom retained the authority to certify the construction of a new baseball stadium in the City of Oakland for streamlined environmental review, which was affirmed by the Court of Appeals. See Pacific Merchant Shipping Ass’n v. Newsom, 67 Cal. App. 5th 711 (Cal. 1st Dist. Div. 1 2021).

Statements and Writings

During her time at the Department of Justice, Wise authored a law review article advocating for greater personal liability for corporate officers whose companies commit civil violations of the law, arguing that such liability properly deters such misconduct. See Noel Wise, Personal Liability Promotes Responsible Conduct: Extending the Responsible Corporate Officer Doctrine to Federal Civil Environmental Enforcement Cases, 21 Stan. Envtl. L.J. 283 (2002) (available at https://searchworks.stanford.edu/view/yg384xb7078).

Later, while at Stoel Rives, Wise authored a book review discussing the effects and remedies for environmental racism, or the systemic effects of environmental damage on people of color and minorities. See Noel Wise, To Debate or to Rectify Environmental Injustice: A review of Faces of Environmental Racism, 30 Ecol. L. Quart. 2 (2003), 353-375.

Political Activity

Wise has a handful of political donations throughout her career, all to Democrats.

Overall Assessment

Wise’s background in environmental law is relatively unusual among federal judicial nominees. That being said, the calendar is likely to be the bigger obstacle to Wise’s confirmation. With Republicans opposing most Biden judicial nominees as the election draws closer, Wise’s confirmation will depend on support from Democrats. Within the confirmation process, her writings on environmental racism, in particular, are likely to draw such scrutiny.

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Catherine Henry – Nominee to the U.S. District Court for the Eastern District of Pennsylvania

A lifelong public defender, Catherine Henry has been nominated to fill a vacancy on the Philadelphia based Eastern District of Pennsylvania.

Background

Born in 1969, Henry received her B.A. degree from Drew University in 1991 and a J.D. from the District of Columbia School of Law in 1995. Henry then spent a year as a Staff Attorney for the Feminist Majority Foundation before joining the Defender Association of Philadelphia. In 2002, Henry moved to the federal bench, joining the Federal Community Defender Office for the Eastern District of Pennsylvania, where she currently works as a Senior Litigator.

History of the Seat

Henry has been nominated for a seat on the U.S. District Court for the Eastern District of Pennsylvania. This seat opened on November 27, 2023, when Judge Edward Smith passed away.

Legal Experience

Henry has spent virtually her entire legal career as a public defender in the Philadelphia area. During her career, Henry has tried approximately nine jury and twenty-six bench trials in the federal courts.

Notably, Henry represented Michael Rohana, who was prosecuted after sneaking off from a Christmas party at the Franklin Institute in Philadelphia, and snapping off a finger from the Terracotta Warriors exhibit on loan from China. See United States v. Rohana, 18-cr-100. The case proceeded to a jury trial, which ended in a mistrial after the jury was unable to reach a verdict. See Katherine Lam, Case Against Partygoer Who Snapped Terracotta Warrior’s Thumb Off At Museum Ends in Mistrial, Fox News, Apr. 10, 2019, https://www.foxnews.com/us/partygoer-who-snapped-terra-cotta-warriors-thumb-off-mistrial. Rohana ended up pleading to a misdemeanor charge and was sentenced to five years of probation. See Sarah Cascone, The Vandal Who Desecrated a Chinese Terracotta Warrior Vows to Sell His Sneaker Collection to Pay Restitution, Artnet, Sept. 8, 2023, https://news.artnet.com/art-world-archives/terracotta-warrior-vandal-sentenced-2359957.

Overall Assessment

Henry is the first of Biden’s nominations to the Eastern District of Pennsylvania to come after the election of Sen. John Fetterman. However, the nomination came more than a year after Fetterman’s election. The delay could prove costly to Henry as time is likely the greatest enemy she has to confirmation. That being said, if Democrats remain united, Henry will likely be confirmed in due course.

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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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