Author: Harsh Voruganti

Eric Schulte – Nominee to the U.S. District Court for the District of South Dakota

After a long negotiation process, former South Dakota Bar President Eric Schulte has been named as one of two nominees to the U.S. District Court in South Dakota.

Background

Schulte has a long history in South Dakota, getting a B.A. from the University of South Dakota in 1994 and a J.D. from the University of South Dakota School of Law in 1999 before clerking on the South Dakota Second Judicial Circuit in Sioux Falls. Schulte then joined Davenport, Evans, Hurwitz & Smith, where he still practices as a Partner.

History of the Seat

Schulte has been nominated to replace Judge Karen Schreier, who will take senior status upon confirmation of a successor.

Legal Experience

Schulte has spent his entire legal career at Davenport, Evans, Hurwitz & Smith, where he works on commercial, insurance, and construction litigation. In addition, Schulte has served as a board member for East River Legal Services, working on providing legal assistance to low income individuals.

Among his notable cases, Schulte represented Blue Cloud Abbey, a defendant in a suit brought by seventy-two former students of St. Paul’s School, who alleged mental, physical, and sexual abuse while they were students there. See Zephier v. Catholic Diocese of Sioux Falls, 752 N.W.2d 658 (S.D. 2008). After the district court dismissed all claims under the statute of limitations, the South Dakota Supreme Court reversed, finding that most of the defendants had alleged timely claims against the defendants. See id. at 23.

Political Activity

Schulte has an extensive donation history, with the vast majority of his donations going to Democrats in North and South Dakota. Schulte has also donated to a few Republicans, most notably, South Dakota Attorney General Marty Jackley.

Overall Assessment

With the District of South Dakota desperately in need of additional judges, Schulte’s nomination cannot come fast enough for the judges on the court. As with similar packages negotiated in Indiana and Oklahoma, it is likely that Schulte will be confirmed comfortably.

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Judge Rebecca Kanter – Nominee to the U.S. District Court for the Southern District of California

In a second attempt to fill a long time vacancy on the U.S. District Court for the Southern District of California, the White House has nominated state judge Rebecca Kanter.

Background

Rebecca S. Kanter received a Bachelor of Arts from the University of California, Irvine in 2000 and then a Juris Doctor from UC Los Angeles School of Law in 2003. Kanter subsequently clerked for Judge Harry Hupp on the U.S. District Court for the Central District of California.

Kanter subsequently joined O’Melveny & Myers LLP as an associate and then in 2006 became a federal prosecutor with the U.S. Attorney’s Office for the Southern District of California. She held that position until she joined the San Diego County Superior Court in 2023, where she currently serves.

History of the Seat

Kanter has been nominated to the U.S. District Court for the Southern District of California, to a seat vacated on August 1, 2021, by Judge William Hayes’ move to senior status. Kanter’s colleague, Marian Gaston, had previously been nominated to fill this seat by President Biden, but withdrew her nomination after sitting on the Senate floor without a vote for over six months.

Legal Experience

Kanter started her legal career as an associate at O’Melveny & Myers, where she worked on civil and criminal defense. Subsequently, Kanter spent sixteen years as a federal prosecutor, where she rose to be deputy chief in the Major Crimes section, civil rights chief, and an ethics adviser in the U.S. Attorney’s Office. Throughout her career, Kanter has tried around twenty-five cases and has argued six appeals before the Ninth Circuit.

Kanter has focused most of her career on financial crimes and public corruption cases. For example, Kanter prosecuted Joseph Bentley and Eugene Cloe, who, it was alleged, conspired to defraud the U.S. Navy. See United States v. Bentley, Case No. 15cr0195 JM (S.D. Cal.) (Miller, J.).

Among other notable cases that Kanter has been involved with, she was part of the legal team in an en banc Ninth Circuit case where the court ruled that the termination of a defendant’s state probation “nunc pro tunc” by a state judge retroactively to the date before a federal crime was committed doesn’t alter the defendant’s status as a probationer when the federal crime was committed. See United States v. Yepez, Case No. 09-50271 (9th Cir. 2012) (en banc) (per curiam).

Jurisprudence

Since 2023, Kanter has served as a judge on the San Diego Superior Court. In this role, she presides over trial court matters in criminal, civil, family, and other state law matters. Previously, Kanter served as a volunteer judge presiding over small claims court.

Statements

In a 2022 interview when she was running for the Superior Court, Kanter elaborated on her judicial philosophy, noting that she wanted to be mindful of the humanity of all individuals who appeared before her and the ability of a judge to affect real-world outcomes. She also discussed how her views of criminal prosecution had been shaped by the death of George Floyd, noting that it emphasized that prosecutions are ultimately about ensuring accountability for individual’s actions. See 2022 Election: Q&A With Rebecca Kanter, Candidate for Superior Court Judge, Office 35, San Diego Union Tribune, Apr. 12, 2022, https://www.sandiegouniontribune.com/opinion/commentary/story/2022-04-12/opinion-q-a-with-judge-candidate-rebecca-kanter.

Political Activity

Kanter has had a number of political donations over her career, all to Democrats.

Overall Assessment

In comparison to Gaston, who drew strong opposition for her work as a public defender, Kanter has a far more traditional background for a federal judge. While her jurisprudence is unlikely to be much different than that of Gaston, Kanter is nonetheless significantly more favored to join the federal bench.

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Judge Sunil Harjani – Nominee to the U.S. District Court for the Northern District of Illinois

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

U.S. Magistrate Judge Sunil Harjani has two decades of experience litigating before the Northern District of Illinois and the Seventh Circuit that he can bring to the bench.

Background

Harjani received a Bachelor of Arts from Northwestern University in 1997 and a J.D. cum laude from Northwestern Pritzker School of Law in 2000. Harjani then clerked for Judge Suzanne Conlon on the U.S. District Court for the Northern District of Illinois and joined the Chicago office of Jenner & Block LLP.

In 2004, Harjani became senior counsel with the U.S. Securities and Exchange Commission and shifted to the U.S. Attorney’s Office for the Northern District of Illinois in 2008. Since 2019, Harjani has served as a U.S. Magistrate Judge on the U.S. District Court for the Northern District of Illinois.

History of the Seat

Harjani has been nominated for a seat on the U.S. District Court for the Northern District of Illinois. He is expected to be submitted for the seat that opened on December 26, 2023, when Judge Thomas Durkin moved to senior status.

Legal Career

Harjani started his legal career at the Chicago office of Jenner & Block, where he argued before the Seventh Circuit that a prisoner’s claim based on a beating at the jail is not required to be exhausted under the Prisoner Litigation Reform Act before a suit is filed. See Smith v. Zachary, 255 F.3d 446 (7th Cir. 2001). The Seventh Circuit disagreed in a 2-1 decision, finding that the PLRA applied to the prisoner’s claim. See id. While at Jenner, Harjani also served as a legal adviser working with the North-Western University Legal Clinic. See, e.g., Johnson v. Bett, 349 F.3d 1030 (7th Cir. 2003).

In 2004, Harjani shifted to the Securities and Exchange Commission, where he worked on enforcement actions for insider trading against Roger Blackwell. See U.S. Sec. & Exchange Comm’n, 477 F. Supp. 2d 891 (S.D. Ohio 2007). Subsequently, Harjani became a prosecutor with the U.S. Attorney’s Office for the Northern District of Illinois. While with the office, Harjani argued a number of appeals before the Seventh Circuit. See, e.g., United States v. Turner, 569 F.3d 637 (7th Cir. 2009); United States v. Bright, 578 F.3d 547 (7th Cir. 2009); United States v. Pilon, 734 F.3d 649 (7th Cir. 2013).

Jurisprudence

Harjani has served as a U.S. Magistrate Judge since his appointment in 2019. In this role, he presides over arraignments, bail hearings, and non-dispositive motions. He also handles civil cases by consent of the parties.

Among his notable opinions as U.S. Magistrate Judge are two relating to government applications for warrants. In one case, Harjani approved a geofence warrant in relation to an arson investigation. See In the Matter of the Search Warrant Application for Geofence Location Data Stored at Google Concerning an Arson Investigation, 497 F. Supp. 3d 345 (N.D. Ill. 2020). In his opinion, Harjani noted that geofence warrants, which allow the government to note the presence of various cellular and mobile devices within certain coordinates, can be unconstitutional if laid out too broadly, but that, in this case, the specific areas sought were covered by probable cause. See id. at 353.

In comparison, Harjani approved government use of a cell site simulator to identify the cell phone number of a suspected narcotics trafficker. See In the Matter of the Use of a Cell-Site Simulator to Identify a Cellular Device in a Narcotics Trafficking Case, 623 F. Supp. 3d 888 (N.D. Ill. 2022). Harjani specifically identified geographic limitations on the warrant that he noted would render it permissible under the Fourth Amendment. See id. at 894-95.

Writings

Harjani has frequently written on the law, going back to his time as a law student. See Sunil R. Harjani, The Convention on Contracts for the International Sale of Goods in United States Courts, 23 Hous. J. Int’l 49 (2000-2001). See also Sunil R. Harjani, Litigating Claims Over Foreign Government-Owned Corporations Under the Commercial Activities Exception to the Foreign Sovereign Immunities Act, 20 Nw. J. Int’l L. & Bus. 181 (1999-2000). Later, as a federal prosecutor, Harjani authored a discussion of the intersection of the work-product privilege and attorney notes taken during cross-border investigation interviews. See Sunil R. Harjani, Privilege and Interview Notes in Cross-Border Investigations, 45 Litigation 13 (2018-2019).

As a magistrate judge, Harjani was equally prolific. See, e.g., Sunil R. Harjani, Top Ten Mistakes in Internal Investigations Reports, 36 GPSolo 70 (2019). In one article, Harjani outlined different strategies that attorneys should embrace when approaching settlement conferences, based on where in the life of the case they land. See Hon. Sunil R. Harjani, Timing is Everything: When to Ask for a Settlement Conference, 49 Litigation 51 (2022-2023), https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_judges/Harjani/Timing%20is%20Everything.pdf.

Overall Assessment

As a sitting magistrate judge with a long history of litigation, Harjani should be a safe choice for the Northern District of Illinois. Barring anything unusual, he should be confirmed in the next 3-4 months.

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Robert White – Nominee to the U.S. District Court for the Eastern District of Michigan

Federal prosecutor Robert White has been nominated to the federal trial court in Detroit, filling the last pending vacancy on the U.S. District Court for the Eastern District of Michigan.

Background

Born in 1985, Robert J. White received a B.A. from the University of Michigan in 2007, and his J.D. from the Chicago-Kent College of Law at the Illinois Institute of Technology in 2010. White then spent four years as an Associate at Ralph E. Meczyk and Associates before becoming a federal prosecutor with the U.S. Attorney’s Office for the Western District of Texas. In 2018, White returned to Michigan to be an Assistant U.S. Attorney at the U.S. Attorney’s Office for the Eastern District of Michigan, where he currently serves.

History of the Seat

White has been nominated for a seat on the U.S. District Court for the Eastern District of Michigan. This seat opened on August 1, 2023, when Judge Paul Borman took senior status.

Legal Career

White started his legal career at Ralph E. Meczyk and Associates, working in criminal defense at both the state and federal levels. However, since 2014, White has worked as a federal prosecutor, starting in the Western District of Texas and more recently in the Eastern District of Michigan.

Notably, White prosecuted a group of six individuals for a racketeering conspiracy related to their participation in criminal activities as members of the gang Young and Scandalous or YNS. See Melissa Nann Burke and Robert Snell, Biden Taps Prosecutor White for Federal Bench in Detroit, Detroit News, Jan. 10, 2024, https://www.detroitnews.com/story/news/politics/2024/01/10/president-biden-taps-prosecutor-robert-j-white-for-federal-bench-judge-in-detroit/72165594007/. The case included allegations that the co-defendants engaged in a pattern of murder and violence in the Brightmoor neighborhood to intimidate the locals and thus enable them to carry out crimes with impunity. See 5 Young and Skantless Detroit Gang Members Indicted on RICO Charges, CBS News Detroit, May 17, 2017, https://www.cbsnews.com/detroit/news/detroit-yns-gang-indictment/.

As a member of the office’s Drug Task Force Unit, White prosecuted Savinder Singh, a Canadian truck driver, for trying to drive a semitrailer into the United States with over 300 pounds of cocaine. See id. See also United States v. Singh, 5:21-cr-20686 (E.D. Mich.).

Overall Assessment

At 38 years old, White would be, if confirmed, the youngest district judge not only in Michigan, but also in the Sixth Circuit (with only 2-3 younger judges across the country). That being said, White has been litigating for fourteen years and has experience on the criminal side on both the state and the federal level (albeit less civil experience). All in all, while White is unlikely to draw widespread support, he is nonetheless favored to be confirmed to the bench in due course.

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Melissa DuBose – Nominee to the U.S. District Court for the District of Rhode Island

Nominated nearly a year before the seat she is seeking to fill opens, Rhode Island Judge Melissa DuBose is poised to become the first judge of color and first judge from the LGBTQ community on the Rhode Island federal district court.

Background

A native Rhode Islander, Melissa DuBose was born in 1968 and attended Providence College, graduating with a Bachelor of Arts degree in 1990. DuBose subsequently spent a decade working as a high school teacher before getting her law degree from Roger Williams School of Law in 2004.

After graduating, DuBose joined the Rhode Island Attorney General’s Office under then Attorney General Sheldon Whitehouse (now a U.S. Senator and a member of the Senate Judiciary Committee). In 2019, DuBose became in-house counsel for Schneider Electric. Since 2019, DuBose has served as a judge on the Rhode Island District Court in Providence.

History of the Seat

DuBose has been nominated for a vacancy on the U.S. District Court for the District of Rhode Island. This seat will open on January 1, 2025, when Judge William Smith takes senior status.

Legal Experience

After spending a decade as a high school history and civics teacher, DuBose went to law school after one of her students committed a murder as part of a gang fight. After law school, DuBose worked as a special assistant attorney for the Rhode Island Attorney General’s Office, prosecuting juveniles.

From 2009 to 2019, DuBose worked on ethics and corporate compliance in-house with Schneider Electric, an energy company based out of France.

Jurisprudence

In 2018, Gov. Gina Raimondo (now the Secretary of Commerce) appointed DuBose to the Rhode Island District Court. DuBose was subsequently confirmed to the court in 2019, where she has served as a trial judge since, presiding over both civil and criminal cases. DuBose is also a member of the Committee on Racial and Ethnic Fairness in Rhode Island Courts and is chair of the Public Engagement and Education subcommittee.

In addition to her time as a judge, DuBose also serves on the Board of Directors for the Roger Williams University School of Law, and chairs the Board’s Diversity & Inclusion Committee.

Political Activity

DuBose has a relatively brief political history, with small donations to Democrats Angel Taveras and Joseph Fernandez.

Overall Assessment

In Whitehouse, DuBose’s historic nomination has a powerful ally on its side. While she is likely to draw a number of questions regarding her views regarding diversity and inclusion in the court system, Whitehouse’s support should ensure a smooth and on-track confirmation for DuBose.

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Jasmine Yoon – Nominee to the U.S. District Court for the Western District of Virginia

An in-house attorney at Capital One, Jasmine Yoon, would be, if confirmed, the first judge of color on the U.S. District Court for the Western District of Virginia.

Background

Yoon’s ties to Virginia go far back, as she received a B.A. from the University of Virginia in 2003 and a J.D. from the University of Virginia School of Law in 2006. Yoon subsequently spent three years as an Associate at Crowell & Moring LLP in Washington D.C. before clerking for Judge James Cacheris on the U.S. District Court for the Eastern District of Virginia. Subsequently, Yoon became an Assistant U.S. Attorney for the Eastern District of Virginia, which she left in 2016.

In 2019, Yoon joined the University Counsel’s Office for the University of Virginia in Charlottesville. In 2022, she shifted to become Vice President of Corporate Integrity, Ethics, and Investigations at Capital One Financial Corporation.

Yoon’s husband, Christopher Kavanaugh, currently serves as U.S. Attorney for the Western District of Virginia, and has indicated that he will step down if Yoon is confirmed.

History of the Seat

Yoon has been nominated for the U.S. District Court for the Western District of Virginia. This seat will open on July 4, 2024, when Judge Michael Urbanski moves to senior status. In November 2023, Senators Warner and Kaine recommended Yoon and Roanoke attorney Patice Holland as potential candidates for the seat. Yoon was ultimately chosen by the White House

Legal Experience

Yoon started her legal career at Crowell & Moring in Washington D.C. Among the notable cases that she handled at the firm, Yoon represented Rodney Edward Brown, who was convicted of first-degree and second-degree assault and of use of a handgun in the commission of a crime of violence. See Brown v. State, 957 A.2d 654 (Md. Ct. Special Appeals 2008). Upon Yoon and her co-counsel’s arguments, the Maryland Court of Special Appeals ruled that the state, at trial, had failed to prove that a handgun was used in the offense, as the ballistics and forensic evidence only established that a firearm had been used, reversing that conviction. See id. at 674.

Between 2010 and 2016, Yoon worked as an Assistant United States Attorney for the Eastern District of Virginia under U.S. Attorney Neil McBride, focusing primarily on the prosecution of financial crimes. Notably, Yoon was part of a team of attorneys prosecuting the “Mega Conspiracy”, a joint criminal action seeking to commit copyright infringement and money laundering, causing over $500 billion in loss. See United States v. Batato, 833 F.3d 413 (4th Cir. 2016).

Yoon has been working as in-house counsel for the past four years, starting with working for the University of Virginia and then, for the past year, for Capital One.

Political Activity

Yoon has a limited political donation history, with a single donation to Warner’s campaign in 2022.

Overall Assessment

Despite her youth, Yoon has handled many of the most complex kinds of cases that she is likely to see as a federal judge, if confirmed. Given the lack of controversy in her background, Yoon should likely see a routine and comfortable confirmation.

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Ernest Gonzalez – Nominee to the U.S. District Court for the Western District of Texas

Longtime federal prosecutor Ernest Gonzalez has been nominated to fill a vacancy on the U.S. District Court for the Western District of Texas.

Background

Ernesto Gonzalez, who goes by Ernest, received a B.A. from the University of Texas at San Antonio in 1987 and a J.D. from the Thurgood Marshall School of Law at Texas Southern University in 1993. Gonzalez subsequently became an Assistant District Attorney in Bexar County.

In 2000, Gonzalez became a federal prosecutor with the U.S. Attorney’s Office for the Western District of Texas. In 2003, he shifted to become a federal prosecutor with the U.S. Attorney’s Office for the Eastern District of Texas. He has held that position until 2023, when he became a senior advisor with the U.S. Department of Justice Criminal Division Narcotics and Dangerous Drugs Section.

History of the Seat

Gonzalez has been nominated for a vacancy on the U.S. District Court for the Western District of Texas. This seat opened on December 1, 2022, when Judge Frank Montalvo took senior status.

Legal Experience

Gonzalez started his legal career in Bexar County (San Antonio) where he worked as a state level prosecutor. However, since 2000, Gonzalez has served as a federal prosecutor, starting in the Western District of Texas and then moving to the Eastern District of Texas and the U.S. Department of Justice.

During his time as a federal prosecutor, Gonzalez prosecuted a number of cases involving narcotics distribution. See, e.g., United States v. Loza-Gracia, 670 F.3d 639 (5th Cir. 2012). For example, he handled an appeal before the Fifth Circuit in a case involving the distribution of methamphetamine in Eastern Texas. See United States v. Garcia Mendoza, 587 F.3d 682 (5th Cir. 2009).

During the Covid-19 pandemic, Gonzalez also responded in opposition to motions for compassionate release for prisoners sentenced for narcotics distribution offenses. See, e.g., United States v. Dodd, 471 F. Supp. 3d 750 (E.D. Tex. 2020); United States v. Boutte, 568 F. Supp. 3d 706 (E.D. Tex. 2021).

Overall Assessment

As a lifelong prosecutor with extensive experience litigating on both the state and federal levels, Gonzalez brings a fairly conventional set of experiences to the bench, but this still should render him a fairly uncontroversial nominee. While Gonzalez may draw questions based on his lack of civil experience, given that he has the support of his home state senators, he should nonetheless be confirmed comfortably, while the White House can be happy with one of its political appointees moving to the bench.

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Judge Leon Schydlower – Nominee to the U.S. District Court for the Western District of Texas

El Paso based Magistrate Judge Leon Schydlower should be a safe choice to join the short-staffed Western District of District.

Background

Schydlower received a B.A. from the University of Texas at Austin in 1993 and a J.D. from the University of Texas School of Law in 1995. He subsequently worked with the Judge Advocate General Corps in the U.S. Navy for two years and then joined the U.S. Attorney’s Office for the District of Hawaii as a Special Assistant U.S. Attorney.

In 2000, Schydlower moved to El Paso to work for the Kemp Smith law firm and shifted to being a solo practitioner two years later. At the same time, Schydlower continued to work with the U.S. Navy Reserve and then with the U.S. Air Force Reserve Judge Advocate Corps.

In 2015, Schydlower was appointed as a U.S. Magistrate Judge for the Western District of Texas, where he currently works.

History of the Seat

Schydlower has been nominated for a vacancy on the U.S. District Court for the Western District of Texas. This seat opened on February 26, 2021, when Judge Philip Ray Martinez passed away.

Legal Experience

Schydlower started his legal career with the U.S. Navy JAG Corps, and moved on to the U.S. Attorney’s Office for the District of Hawaii, where he prosecuted various offenses, including the theft of government property. See United States v. Chon, 210 F.3d 990 (9th Cir. 2000).

In 2000, Schydlower moved to El Paso and worked in private practice. Schydlower’s civil practice included medical malpractice cases, see, e.g., In re Navar, 143 S.W.3d 869 (Tex. App. 8th Dist. 2004), as well as federal habeas cases. See Berkley v. Quarterman, 507 F. Supp. 2d 692 (W.D. Tex. 2007). Schydlower has also represented plaintiffs in employment discrimination cases. See, e.g., Mitchell v. Zia Park, LLC, 842 F. Supp. 2d 1316 (D.N.M. 2012).

Among his more notable cases, Schydlower represented Maria Castillo, whose medical malpractice claims were dismissed by the trial court for failure to provide an adequate expert report, which was affirmed by the court of appeals. See Castillo v. August, 248 S.W.3d 874 (Tex. App. 8th Dist. 2008). Schydlower also represented Christopher Houseman, an immigration agent, who sued a Mexican publishing company for publishing his photo alongside an article about an immigration agent who had been arrested for involvement in narcotrafficking. See Houseman v. Publicaciones Paso del Norte, 242 S.W.3d 518 (Tex. App. 8th Dist. 2007). The defamation claim was dismissed, with a finding that a reasonable listener would be unlikely have been mislead by the photo and caption. See id.

On the criminal side, Schydlower represented defendants in both Texas and New Mexico, taking court appointed cases. See, e.g., United States v. Quaintance, 471 F. Supp. 2d 1153 (D.N.M. 2006). Schydlower also handled a number of criminal appeals before the Fifth and Tenth Circuits. See, e.g., United States v. Montano, 472 F.3d 1202 (10th Cir. 2007).

Jurisprudence

Schydlower has served as a U.S. Magistrate Judge since 2015. In this capacity, Schydlower presided over the pretrial aspects and discovery stages of cases, and prepared reports and recommendations for district judges. He also presided over cases by consent. Among the more prominent cases where Schydlower prepared a Report and Recommendation, he recommended that Judge David Guaderrama deny a motion for summary judgment brought by police officers sued for unlawful entry into the home of the plaintiff. See ER v. Jasso, 573 F. Supp. 3d 1117 (W.D. Tex. 2021). While the officers alleged that their actions were protected by qualified immunity, Schydlower rejected those claims, and Guaderrama agreed, denying summary judgment on those claims. See id.

Political Activity

Schydlower has a relatively limited political donation history, which includes donations to State Rep. Joseph Moody, and Rep. Silvestre Reyes, both Democrats.

Overall Assessment

As a judge with a plaintiff-friendly background who nonetheless has won the support of his home state senators, Schydlower should be seen as a consensus nominee and should be comfortably confirmed.

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Judge Kelly Rankin – Nominee to the U.S. District Court for the District of Wyoming

A Wyoming native with extensive ties to the legal community, Judge Kelly Rankin has been nominated to a lifetime appointment on the federal bench.

Background

Born in 1968, Kelly H. Rankin received a B.S. from the University of Wyoming in 1990 and a J.D. from the University of Wyoming College of Law in 1994. Rankin then spent a year at the Lincoln County Attorney’s Office before shifting to the Park County Attorney’s Office. In 1999, Rankin became the Park County Attorney.

In 2003, Rankin became a federal prosecutor under U.S. Attorney Matt Mead. In 2008, Rankin was appointed to replace Mead by President George W. Bush as U.S. Attorney, which he held until 2010, when President Obama replaced him with Christopher Crofts. Rankin then briefly served as Counsel to Democratic Governor Dave Freudenthal (himself a former Wyoming U.S. Attorney) before returning to the U.S. Attorney’s Office as Criminal Chief.

In 2012, Rankin was appointed as a U.S. Magistrate Judge in Wyoming, where he currently serves.

History of the Seat

Rankin has been nominated for a vacancy on the U.S. District Court for the District of Wyoming to replace Judge Nancy Freudenthal, who took senior status on June 1, 2022.

Legal Experience

While Rankin started his legal career as a prosecutor in a number of County Attorney’s offices, his name first appears in notable cases as a law student, when Rankin assisted the Wyoming Attorney General’s Office in opposing an appeal from a defendant charged with forgery and check fraud. See Black v. State, 869 P.2d 1137 (Wyo. 1994).

In 2003, Rankin became an Assistant U.S. Attorney with the District of Wyoming, in which role he prosecuted a variety of offenses, and argued before the Tenth Circuit as well. See United States v. Magallanez, 408 F.3d 672 (10th Cir. 2005). In 2008, at the age of forty, Rankin was nominated by President George W. Bush to be U.S. Attorney for the District of Wyoming and was confirmed by the Senate. As U.S. Attorney, Rankin supervised and directed all federal prosecutions for the District, including working with future Tenth Circuit Judge Gregory Phillips, when the latter was a federal prosecutor. See, e.g., United States v. Dennis, 551 F.3d 986 (10th Cir. 2008). Rankin also served as counsel of record on certain appeals before the Tenth Circuit. See, e.g., United States v. Brown, 556 F.3d 1108 (10th Cir. 2009).

Subsequently, Rankin spent a short stint as a legal advisor to Gov. Dave Freudenthal before returning to the U.S. Attorney’s Office as Chief of the Criminal Section.

Jurisprudence

Since 2012, Rankin has been a U.S. Magistrate Judge with the District of Wyoming. In this role, Rankin presides over cases where parties consent to his jurisdiction, presides over pretrial release and discovery issues, and writes reports and recommendations for district judges to approve. Among the cases where the parties consented to Rankin presiding, while sitting by designation in Colorado, he presided over litigation brought by a Sheriff in Park County who claims that he was demoted for criticizing the conduct of other Deputies who had engaged in a civil eviction that ended in the deaths of two individuals. See Tonjes v. Park Cnty. Sheriff’s Office, 300 F. Supp. 3d 1308 (D. Colo. 2018). Rankin denied motions to dismiss most of the claims brought by the plaintiff, finding that they had been plausibly alleged. See id. at 1332-33.

Among other notable opinions Rankin has authored, he denied a motion from Casper City Councilman Craig Hedquist’s to compel production of documents between the City Council and attorneys and other individuals related to an effort to remove Hedquist, finding that the documents were protected under the attorney-client privilege. See Hedquist v. Patterson, 215 F. Supp. 3d 1237 (Wyo. 2016).

Political Activity

While Rankin has worked for both Republicans and Democrats in his career, his donation history is entirely Republican, including donations to Mead, Sen. Mike Enzi, and the Wyoming Republican Party.

Overall Assessment

With the support of the White House, his home state senators, and extensive experience with the Wyoming legal community, Rankin represents a fairly consensus nominee and should be confirmed comfortably.

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Judge Ann Marie McIff Allen – Nominee to the U.S. District Court for the District of Utah

Judge Ann Marie McIff Allen would be, if confirmed, the only judge from Southern Utah on the federal district court.

Background

The daughter of former Republican State Representative Kay McIff and a Southern Utah native, Ann Marie McIff Allen received a B.A. from Brigham Young University in 1994 and a J.D. from Brigham Young University’s J. Reuben Clark Law School in 1997. Allen then went into private practice until 2007 when she became Deputy County Attorney for the Iron County Attorney’s Office. In 2013, she returned to private practice as a solo practitioner, although she also worked with Southern Utah University as Special Counsel and then General Counsel.

In 2020, Allen was appointed to be a judge on Utah’s Fifth District Court, where she has served since.

History of the Seat

Allen has been nominated for a vacancy on the U.S. District Court for the District of Utah to replace Judge David Nuffer, who took senior status on April 2, 2022. Allen was recommended for the vacancy by Sen. Mitt Romney.

Legal Experience

Allen worked in private practice at a number of different firms between 1997 and 2007 and then again between 2013 and 2020, focusing on civil practice. Between 2007 and 2013, by contrast, Allen worked for the Iron County Attorney’s Office, working both as a prosecutor and a public defender (County Attorneys in Utah have broad roles, including serving as a legal advisor, prosecution, and indigent defense).

Between 2017 and 2020, Allen worked as Counsel for Southern Utah University, where she served as a legal advisor to the University on Title IX compliance and other issues.

Jurisprudence

Allen has served as a judge on the Fifth District Court in Southern Utah since Governor Gary Herbert appointed her to the court in 2020. In Utah, District Courts are trial courts of general jurisdiction, which preside over all civil cases and all criminal felonies.

Among the notable cases Allen handled as a judge, Allen presided over a jury trial that found Darcy Anderson to be guilty of three felony counts relating to the sexual abuse of a ten year old victim. See Jeff Richards, Jury Finds Parowan Man Guilty of Sexually Abusing 10-Year-Old Girl in His Home, St. George News, Feb. 25, 2022, https://www.stgeorgeutah.com/news/archive/2022/02/25/jmr-jury-finds-parowan-man-guilty-of-sexually-abusing-10-year-old-girl-in-his-home/. Allen also found Jacob Schmidt, accused of running another man over with a car, to be competent to stand trial. See Jeff Richards, Cedar City Man Accused of Murder in Fatal Hit-and-Run Found Competent to Stand Trial, St. George News, Feb. 24, 2021, https://www.stgeorgeutah.com/news/archive/2021/02/24/jmr-cedar-city-man-accused-of-murder-in-fatal-hit-and-run-found-competent-to-stand-trial/.

Additionally, Allen was one of a group of judges who was sued in federal court by defendants who were challenging the bails set in their cases. See Medina v. Allen, Case No. 4:21-cv-00102-DN-PK (D. Utah Mar. 30, 2023); see also Jessica Miller, Lawsuit Challenges Utah’s Cash-Based Bail System, The Salt Lake Tribune, Oct. 4, 2021, https://www.sltrib.com/news/2021/10/04/these-utahns-are-too-poor/. The suit was dismissed by Nuffer. See id.

Overall Assessment

The District of Utah has a Salt Lake City focused bench, with the lone Southern Utah judge, Nuffer, having moved there in 2018 when the court opened a new division in Southern Utah. Allen, by contrast, has deep ties to Southern Utah, which would serve her well in building the legal community around the new division.

As for her background, Allen may draw questions about the lawsuit challenging her bail decisions, given that it was supported by a number of progressive organizations, but is nonetheless favored to be confirmed.

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