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.

432 Comments Leave a comment

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.

68 Comments Leave a comment

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.

28 Comments Leave a comment

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.

41 Comments Leave a comment

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.

92 Comments Leave a comment

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.

96 Comments Leave a comment

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.

45 Comments Leave a comment

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.

107 Comments Leave a comment

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.

68 Comments Leave a comment

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.

111 Comments Leave a comment