Author: Harsh Voruganti

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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Judge Michelle Williams Court – Nominee to the U.S. District Court for the Central District of California

For the past twelve years, Judge Michelle Williams Court has served on the Los Angeles County Superior Court. Judge Court has now been nominated for a promotion to the federal bench.

Background

Born in 1966, Court received her B.A. from Pomona College in 1988 and a J.D. from Loyola Law School in 1993. Court then spent a year at Gilbert Kelly Crowley & Jennett and a year at the ACLU of Southern California before joining Litt & Marquez.

In 1999, Court moved to the Department of Housing and Urban Development as a fellow and civil rights specialist and then spent two years at Milberg, Weiss, Bershad, Hynes & Lerach.

In 2002, Court joined Bet Tzedek Legal Services, becoming Vice President and General Counsel. In 2012, she became a Judge on the Los Angeles County Superior Court, where she serves as supervising judge in the civil division.

History of the Seat

Court has been nominated to the U.S. District Court for the Central District of California, to a seat vacated on May 1, 2024, by Judge Dale Fischer.

Legal Experience

The first decade out of law school, Court moved between a number of different positions, both in private practice and in government. During this time, while at Litt & Associates, Court represented Julie Biggs, who filed a civil rights lawsuit against the City of Redlands, claiming that the City had threatened to cut ties with Biggs’ law firm as retaliation for the political activities of Biggs’ husband. See Biggs v. Best, Best & Krieger, 189 F.3d 989 (9th Cir. 1999). The Ninth Circuit reversed the denial of summary judgment based on qualified immunity. See id. at 997.

In 2002, Court joined Bet Tzedek Legal Services. While at the firm, Court represented amici in support of a City of Los Angeles ordinance preventing landlords of public housing from increasing rents on tenants after the Section 8 housing contract is terminated. See Apartment Ass’n of L.A. v. City of L.A., 38 Cal. Rptr. 3d 575 (Cal. App. 3d Div. 2006). Court also represented amici supporting a City of Santa Monica suit against a landlord for alleged violations of the health and building codes. See City of Santa Monica v. Gonzalez, 182 P.3d 1027 (Cal. 2008).

Jurisprudence

Since 2012, Court has served as a judge on the Los Angeles County Superior Court. In this role, Court has presided over trial court matters in criminal, civil, family, and other state law matters. Currently, Court presides in the civil division of the court. Notably, Court presided over a lawsuit brought by Kiara Belen, a model who alleged that the show Shahs of Sunset used her likeness without her permission. See Belen v. Ryan Seacrest Prods. LLC. et al., 65 Cal. App. 5th 1145 (Cal. App. 2d Dist. 2021). Court denied a motion to strike/dismiss the complaint under California’s anti-SLAPP law, which was largely affirmed by the Court of Appeals. See id.

Among her notable cases, Court granted summary judgment against claims brought by a man who fell over a retaining wall on a trail, significantly injuring himself. See Arvizu v. City of Pasadena, 21 Cal. App. 5th 760 (Cal. App. 2d Dist. 2018). Court ruled that the trail immunity statute barred the plaintiff’s claims and the Court of Appeals affirmed. See id. By contrast, the Court of Appeals reversed Court’s dismissal of product liability claims brought by plaintiffs alleging injuries from Memory Gel breast implants. See Mize v. Mentor Worldwide LLC, 51 Cal. App. 5th 850 (Cal. App. 2d Dist. 2020).

In another notable case, Court was reversed by the Court of Appeals where she denied a motion to compel arbitration in an employment dispute. See Alvarez v. Altamed Health Services Corp., 60 Cal. App. 5th 572 (Cal. App. 2d Dist. 2021). Similarly, in another case, Court was again reversed for refusing to enforce an arbitration contract as substantively unconscionable under California law. See Basith v. Lithia Motors, Inc., 90 Cal. App. 5th 951 (Cal. App. 2d Dist. 2021).

Overall Assessment

If confirmed, Court would join the federal bench with extensive experience with litigation as well as California law. That being said, she may draw questions in the confirmation process regarding her reversals from the Court of Appeals on issues of arbitration.

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Judge Anne Hwang – Nominee to the U.S. District Court for the Central District of California

Judge Anne Hwang currently serves on the Los Angeles County Superior Court. If confirmed to the federal bench, Hwang would bring a background in litigation and in indigent defense to the bench.

Background

Born in 1976, Anne Hwang received a B.A. from Cornell University in 1997 and a J.D. from the University of Southern California Law School in 2002. After graduating, Hwang worked as a litigation associate at Irell & Manella LLP for four years and then became a federal public defender with the Central District of California.

In December 2018, Hwang was appointed to the Superior Court for Los Angeles County by Governor Jerry Brown, where she has served since.

History of the Seat

Hwang has been nominated to the U.S. District Court for the Central District of California, to a seat vacated on November 3, 2023, by Judge George Wu.

Legal Experience

Hwang started her legal career at the firm of Irell & Manella LLP. While at the firm, Hwang represented NBC Studios in a contract dispute with the production company Sander/Moses . See Sander/Moses Prods. Inc. v. NBC Studios, Inc., 48 Cal. Rptr. 3d 525 (Cal. App. 4th 2006).

Hwang spent the bulk of her career as a federal public defender based in Los Angeles. Notably, Hwang represented Veronica Garcia-Lopez who was convicted of illegally re-entering the United States after having previously been deported for trafficking 4.2 ounces of cocaine. See United States v. Garcia-Lopez, 691 F. Supp. 2d 1099 (C.D. Cal. 2010). Hwang was able to present sufficient mitigation to convince Judge Cormac Carney that the 41-51 month sentencing guidelines range was unduly harsh. See id. at 1101. Carney instead imposed a six month sentence on the defendant. See id. at 1105.

Jurisprudence

Since 2019, Hwang has served as a judge on the Los Angeles County Superior Court. In this role, Hwang presides over trial court matters in criminal, civil, family, and other state law matters. Notably, as a judge, Hwang dismissed a lawsuit brought against Los Angeles District Attorney George Gascon and the probation department by the families of an officer fatally shot by an individual previously prosecuted and given a plea deal by Gascon. Judge Finds Issues with Suit’s Breach of Mandatory Duty Claims, My News LA, Sept. 11, 2023, https://mynewsla.com/crime/2023/09/11/judge-finds-issues-with-suits-breach-of-mandatory-duty-claims/#google_vignette. Hwang nonetheless allowed the plaintiffs to amend their suit. See id.

Hwang has also been active in the Korean American community as a judge, speaking, for example as a Korean American Bar Association event on implicit bias in 2022.

Overall Assessment

Having practiced both civil and criminal law in the Los Angeles area for two decades at this point, as well as serving as a sitting state court judge, Hwang can be deemed to have the experience needed to be a U.S. District Judge. Nonetheless, Hwang’s nomination is likely to draw opposition based on her extensive experience in indigent defense, which has proved to be contentious in the confirmation process.

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Stacey Neumann – Nominee to the U.S. District Court for the District of Maine

Portland based attorney Stacey Neumann has distinguished herself over her career as a litigator and has now been tapped for a rare judicial vacancy in Maine.

Background

Stacey D. Neumann attended James Madison University, where she received a B.A. magna cum laude in 2000. Neumann subsequently received a J.D. magna cum laude from Cornell University in 2005 and then clerked for Judge John Dooley on the Vermont Supreme Court and then for Judge Peter Hall on the U.S. Court of Appeals for the Second Circuit.

In 2007, Neumann joined the Office of the Defender General in Chittenden County, Vermont. In 2009, she moved to become an Assistant U.S. Attorney for the District of Maine. In 2013, she left to go into private practice in Portland, where she currently serves as a Partner at Murray, Plumb, & Murray.

History of the Vacancy

Neumann has been nominated for a seat on the U.S. District Court for the District of Maine to replace Judge Jon Levy who took senior status on May 6, 2024.

Legal Career

Neumann started her legal career as a public defender in Vermont and then spent a few years as a prosecutor in Maine before joining Murray, Plumb, & Murray in 2013, primarily focused on civil rights law. At the firm, Neumann handled a significant pro bono docket, including asylum cases and employment discrimination suits. See Renee Cordes, Pro Bono Work a Labor of Love for Portland Attorney Stacey Neumann, Maine Biz, Feb. 4, 2019, https://www.mainebiz.biz/article/pro-bono-work-a-labor-of-love-for-portland-attorney-stacey-neumann. For example, Neumann represented a Black Lives Matter protester in a case that led to a settlement promoting restorative justice conversations. See id.

Among her more notable cases, Neumann was part of the legal team representing a student and his family in a suit against a Maine school district for violations of the Individuals with Disabilities Education Act. See Ms. S. v. Regional Sch. Unit 72, 829 F.3d 95 (1st Cir. 2016). In another notable case, Neumann represented Charlene Richard, a teacher who sued her school district claiming that she was retaliated against due to her advocacy on behalf of students with disabilities. Richard v. Regional Sch. Unit 57, 296 F. Supp. 3d 274 (D. Me. 2017). After a five day bench trial, Judge Chandler Woodcock ruled that Richard was unfairly targeted by the school but that such targeting did not violate the law. See id. at 308. The First Circuit eventually affirmed the ruling over the dissent of Judge Juan Torruella. See Richard v. Regional Sch. Unit 57, 901 F.3d 52 (1st Cir. 2018).

Political Activity

Neumann has a handful of political donations to her name, all to Democrats.

Writings and Statements

In 2019, Neumann was profiled in an article discussing her pro bono work in Maine. See Renee Cordes, Pro Bono Work a Labor of Love for Portland Attorney Stacey Neumann, Maine Biz, Feb. 4, 2019, https://www.mainebiz.biz/article/pro-bono-work-a-labor-of-love-for-portland-attorney-stacey-neumann. In the article, Neumann discusses some of her work, and speaks particularly highly of her asylum cases noting that success in those cases is “the most wonderful feeling in the world.” See id.

Overall Assessment

Neumann’s long history with the relatively insular Maine legal community as well as her significant litigation experience are likely to be assets through the confirmation process. As long as she maintains the support of her home state senators, Neumann should be confirmed comfortably.

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April Perry – Nominee to the U.S. District Court for the Northern District of Illinois

The Dirksen Courthouse - where the Northern District of Illinois sits.

After her previous nomination be U.S. Attorney for the Northern District of Illinois stalled, April Perry has been nominated to be a U.S. District Judge on the court instead.

Background

April Perry graduated from Northwestern University in 2000 and got a J.D. magna cum laude from Northwestern University School of Law in 2003.

After graduation, Perry clerked for Judge Joel Flaum on the U.S. Court of Appeals for the Seventh Circuit. Perry then became a federal prosecutor with the U.S. Attorney’s Office for the Northern District of Illinois in 2004. In 2017, Perry left to become Chief Deputy State’s Attorney and Chief Ethics Officer for the Cook County State’s Attorney’s Office. In 2019, Perry left to join Ubiety Technologies as General Counsel. Since 2022, Perry serves as Senior Counsel at GE HealthCare.

History of the Seat

Perry has been nominated for a seat on the U.S. District Court for the Northern District of Illinois. This seat will open upon the elevation of Judge Nancy Maldonado to the U.S. Court of Appeals for the Seventh Circuit.

Legal Career

Perry started her legal career as a law clerk for Judge Joel Flaum on the Seventh Circuit. Subsequently, Perry spent twelve years as an Assistant U.S. Attorney with the U.S. Attorney’s Office for the Northern District of Illinois. During this time, Perry prosecuted Gregory Patzer for bank robbery. See United States v. Patzer, 548 F. Supp. 2d 612 (N.D. Ill. 2008).

From 2017 to 2019, Perry served as the Chief Ethics Officer for Cook County State’s Attorney Kim Foxx. Perry’s time with the office overlapped with the prosecution of Jussie Smolett for making false reports of being targeted for a hate crime. See Andy Grimm, 2 Top Deputies of State’s Attorney Foxx, One Tied to Smollett Case, To Resign, Chicago Sun Times, Apr. 18, 2019, https://chicago.suntimes.com/2019/4/18/18619800/2-top-deputies-of-state-s-attorney-foxx-one-tied-to-smollett-case-to-resign. Notably, Perry was critical of Foxx’s decision to assign the case to her First Assistant after her recusal, noting that a special prosecutor should likely have been appointed upon the recusal. See Ben Bradley, Top Foxx Official Said Recusal Wasn’t Right, WGN9, Apr. 17, 2019, https://wgntv.com/news/wgn-investigates/top-foxx-official-said-recusal-wasnt-right/. Perry subsequently resigned from the office. See Ben Bradley, Mysterious ‘Special Prosecutor Order’ Email in Smollett Case, Records Show, WGN9, Apr. 19, 2019, https://wgntv.com/news/wgn-investigates/mysterious-special-prosecutor-order-email-in-smollett-case-records-show/.

Perry has spent the last few years of her career in-house, starting with the Artificial Intelligence tech start up Ubiety Technologies, and more recently in GE HealthCare.

In 2023, Perry was nominated to be U.S. Attorney for the Northern District of Illinois. Perry’s nomination was approved by the Senate Judiciary Committee in a bipartisan 12-9 vote but was blocked by Senator J.D. Vance from a final confirmation vote, remaining pending until it was withdrawn for her nomination to the federal bench.

Overall Assessment

While Perry’s nomination to be U.S. Attorney was stalled by Vance, it is likely that Democrats will prioritize Perry’s judicial nomination more during their limited floor time. As such, ironically, Vance’s blocking of Perry’s nomination may result in a lifetime appointment for her.

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Judge Sarah Netburn – Nominee to the U.S. District Court for the Southern District of New York

Federal Magistrate Judge Sarah Netburn has a long history as a litigator, handling a number of civil rights cases, as well as a judge, making her an experienced nominee for the federal bench.

Background

Sarah Netburn received her B.A. from Brown University in 1994 and then her J.D. from the University of California at Los Angeles School of Law in 2001. Netburn then clerked for Judge Harry Pregerson on the U.S. Court of Appeals for the Ninth Circuit and then joined Emery Celli Brinckerhoff & Abady LLP as an Associate. In 2010, Netburn shifted to be the Chief Counsel for the Office of Pro Bono Litigation with the Southern District of New York.

In 2012, Netburn became a U.S. Magistrate Judge for the Southern District of New York, where she currently serves.

History of the Vacancy

Netburn has been nominated for a seat on the U.S. District Court for the Southern District of New York. This seat will open on December 31, 2024, when Judge Lorna Schofield takes senior status.

Legal Career

After her clerkship on the Ninth Circuit, Netburn spent the next eight years working at Emery Celli Brinckerhoff & Abady LLP, where she notably represented, alongside the Center for Constitutional Rights, a group of protesters arrested while protesting the war in Iraq. See Jim Dwyer, One Protest, 52 Arrests and a $2 Million Payout, N.Y. Times, Aug. 20, 2008, https://ccrjustice.org/sites/default/files/assets/A7_08.20.08_NYTIMES.pdf.

Among other cases she handled, Netburn represented a group of inmates in the New York City correctional system who alleged that they were subjected to a pattern and practice of excessive force from correctional officers. See Ingles v. Toro, 438 F. Supp. 2d 203 (2d Cir. 2006). Netburn also represented proponents of a marijuana legalization initiative in challenging the rejection of the initiative from the ballot by the Nevada Secretary of State’s Office. See Am. Civil Liberties Union of Nevada v. Lomax, 471 F.3d 1010 (9th Cir. 2006). Netburn has also represented the families of the victims of the Pan Am 103 terrorist attack in suing the Libyan government for supporting the terrorists. See Hurst v. Socialist People’s Libyan Arab Jamahiriya et al., 474 F. Supp. 2d 19 (D.D.C. 2007).

Jurisprudence

Netburn has served as a U.S. Magistrate Judge for the Southern District of New York since her appointment in 2012. As a Magistrate Judge, Netburn handles arraignments, pretrial release, discovery disputes, and settlement. She also writes Reports and Recommendations for District Judges, recommending, for example, that the Afghanistan Central Bank’s funds not be used to compensate the relatives of September 11th victims. See Tia Sewell, Magistrate Judge Recommends Court Reject Efforts to Turn Over Frozen Afghan Funds to 9/11 Families, Lawfare, Aug. 30, 2022, https://www.lawfaremedia.org/article/magistrate-judge-recommends-court-reject-efforts-turn-over-frozen-afghan-funds-911-families.

Among the notable cases that Netburn has presided over, she is presiding over the Securities and Exchange Commission’s lawsuit against Ripple Labs, alleging that Ripple’s trading of cryptocurrency amounted to trading of unregistered securities. See Qadir AK, Good News! Pro-Crypto Judge Netburn Nominated in Ripple vs. SEC Case, CoinPedia, Apr. 25, 2024, https://coinpedia.org/news/ripple-vs-sec-how-sarah-netburns-nomination-could-shape-the-outcome/. In the suit, Netburn has been occasionally critical of the SEC’s litigation positions, ruling against them regarding access to internal agency documents. See Holly Barker, SEC Crypto Woes: Judicial Rebuke and a Critical Commissioner, July 19, 2022, https://news.bloomberglaw.com/litigation/sec-crypto-woes-judicial-criticism-and-a-critical-commissioner.

Overall Assessment

Netburn has, both as an attorney and as a judge, built up significant experience with litigation, including presiding over a fair number of complex cases. As such, Netburn should be favored for a comparatively smooth confirmation to the federal bench.

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

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

Background

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

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

History of the Vacancy

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

Legal Experience

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

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

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

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

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

Political Activity

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

Overall Assessment

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

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

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

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

Background

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

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

History of the Seat

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

Legal Career

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

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

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

Overall Assessment

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

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

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

Background

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

History of the Seat

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

Legal Career

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

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

Political Activity

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

Overall Assessment

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

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