District Court

Knut Johnson – Nominee to the U.S. District Court for the Southern District of California

The U.S. District Court for the Southern District of California is currently short five judges.  The Trump Administration and California’s Democratic senators have settled on a package of five nominees to fill the vacancies.  One of the Democratic picks is Knut Johnson, one of the most prominent criminal defense attorneys in San Diego.

Background

Knut Sveinbjorn Johnson was born in Chicago in 1957.  Johnson grew up in New Mexico and then attended Tulane University.[1]  He then received a J.D. cum laude from the University of San Diego School of Law in 1986.[2]

After law school, Johnson spent two years as an associate at Jenkins & Perry before joining the Federal Defenders of San Diego, Inc..[3]  In 1994, he moved to McKenna & Cuneo as an Associate before opening his own law practice in 1996.[4]  Johnson maintains that practice to this day.  

History of the Seat

Johnson has been nominated to the U.S. District Court for the Southern District of California, to a seat vacated on February 6, 2018, by Judge John Houston’s move to senior status.  Johnson applied with selection committees set up by California’s Democratic Senators Dianne Feinstein and Kamala Harris and interviewed with each in 2018.[5]  In February 2019, Johnson interviewed with the White House and was selected as a nominee.  Johnson was nominated on November 2, 2019.

Legal Experience

Johnson has spent virtually his entire career in criminal defense, making a name for himself as one of the most prominent criminal defense attorneys in San Diego, including service as the President of the San Diego Criminal Defense Bar Association.  Over the course of his career, Johnson has tried over 70 criminal cases, although he has only tried one civil bench trial.[6] 

Over the course of his career, Johnson has represented clients in some of San Diego’s most colorful cases.  For example, Johnson has represented a military officer who was charged with the beating of an illegal immigrant,[7] the “tattoo bandit” who robbed 22 people in San Diego,[8] the executive of a bidet company that faced charges of alleged false advertising,[9] and an individual who allegedly paid babysitters to bring him children to molest.[10]

Among his more significant cases, Johnson was court appointed to represent Everardo Arturo Paez, an accused Mexican drug kingpin.[11]  He also represented Jason Sullivan, the former social media advisor for Roger Stone.[12]

Political Activity

Throughout his career, Johnson has occasionally made political donations, all to Democrats.[13]  For example, Johnson donated $1625 to the presidential campaign of Hillary Clinton.[14]  Johnson also gave to Rep. Scott Peters and Sen. Kamala Harris.[15] 

Writings

Johnson has occasionally written on the law, generally focused on providing guidance in navigating the criminal justice process.  For example, in 1997, Johnson authored an article on subpoenas.[16]  The article advises criminal defendants on their rights relating to subpoenas and potential issues raised under the Fourth Amendment.[17]  He also authored another article advising solo practitioners on managing their practice.[18]

Overall Assessment

Criminal defense attorneys are vital to the orderly and effective operation of the criminal justice system.  Unfortunately, when put up for judgeships, defense attorneys often face demonization because of the clients they represent.  However, Johnson’s nomination by the Trump Administration should insulate him from the worst of the attacks.  As his background demonstrates both the legal experience and the acumen to be a federal judge, Johnson should be confirmed comfortably.

[1] Sen. Comm. on the Judiciary, 116th Cong., Knut Johnson: Questionnaire for Judicial Nominees 1.

[2] See id.

[3] See id. at 2.

[4] See id. 

[5] Id. at 46-47.

[6] Id. at 32.

[7] Dana Calvo, Civil Rights Indictment Unsealed, A.P. Online, Dec. 20, 1997.

[8] Kelly Wheeler, San Diego’s Alleged ‘Tattoo Bandit’ Goes On Trial, City News Service, Apr. 29, 1998.

[9] Don Bauder, Firm’s Bidet Claims Flush With Falsehoods, Regulators Allege, San Diego Union-Tribune, July 22, 1998.

[10] Kelly Wheeler, Man Who Got Babysitters to Bring Him Children to Molest Gets 45 Years to Life, City News Service, Aug. 5, 2010.

[11] Robert J. Caldwell, An Uncooperative Drug Kingpin and a Curious Plea Bargain, Copley News Service, Oct. 26, 2001.

[12] Kate Sullivan, Roger Stone Says He is ‘Prepared’ for Possibility of Special Counsel Indictment, CNN.com, May 20, 2018.

[14] Id.

[15] Id.

[16] Knut S. Johnson, Responding to Subpoenas: Constitutional and Practical Issues, 21 Champion 10 (Jan/Feb 1997).

[17] See id.

[18] Knut S. Johnson, Practice Management, on Your Own Solo and Small Firm Practices, 18 GP Solo 22 (Sept. 2001).

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Anna Manasco – Nominee to the U.S. District Court for the Northern District of Alabama

An Alabama-based attorney who worked closely with Eleventh Circuit Judge Kevin Newsom before the former’s appointment to the federal bench, Anna Manasco has been tapped for the U.S. District Court for the Northern District of Alabama.

Background

An Alabama native, Anna Marie Manasco was born in Montgomery in 1980.  She was involved in public service from a young age, attending Girls Nation in Washington D.C. and having a chance to meet President Bill Clinton and Vice President Al Gore.[1]  Manasco received a B.A. summa cum laude from Emory University, a Masters of Science and a Doctor of Philosophy degree from the University of Oxford and a J.D. from Yale Law School.[2]  After graduating, Manasco clerked for Judge William Pryor on the United States Court of Appeals for the Eleventh Circuit.

After her clerkship, Manasco joined the Birmingham office of Bradley Arant Boult Cummings LLP, where she became a Partner in 2019.  She is currently with the firm.

History of the Seat

Manasco has been nominated for a seat on the U.S. District Court for the Northern District of Alabama.  This seat will open on April 25, 2020, when Judge Karen Bowdre is scheduled to take senior status.  While this seat hasn’t opened yet, Judge Bowdre announced her departure months in advance and Manasco had been recommended to fill the seat back in July 2019.[3]  Manasco’s nomination was sent to the Senate in February 2020.

Legal Experience

Manasco has spent our entire legal career at the firm of Bradley Arant Boult Cummings LLP, where she practiced in trial and appellate litigation in state and federal court.  However, Manasco has never tried a case to a jury in either state or federal court.[4] 

Among her more notable cases, Manasco represented the drug company Wyeth in seeking to defend against lawsuits alleging a failure to warn of long term use risks for the drug Reglan.[5]  Manasco argued that plaintiffs could not seek damages against Wyeth where they had been injured from taking the generic version of Reglan made by a different manufacturer.  However, the Alabama Supreme Court disagreed in an 8-1 vote, finding that Alabama law could justify liability under such circumstances.[6]

In other cases, Manasco worked on a number of cases alongside then-Partner Kevin Newsom, who now serves on the U.S. Court of Appeals for the Eleventh Circuit.  Manasco also represented the travel website Priceline.com in seeking to defend against tax charges levied against them in New Hampshire.[7]

Overall Assessment

Despite her youth, Manasco has cut her teeth on some fairly complex cases.  This experience, combined with her support from Alabama’s senators and her relatively apolitical background, makes Manasco a fairly uncontroversial nominee.

Nonetheless, Manasco could face some criticism for her lack of trial experience, but given the fact that nominees with significantly less litigation experience have been approved, Manasco shouldn’t face too many issues.

[1] Pres. Clinton to Greet 96 Girls Nation Senators, U.S. Newswire, July 17, 1997.

[2] Sen. Comm. on the Judiciary, 116th Cong., Anna Manasco: Questionnaire for Judicial Nominees 1.

[3] See id. at 42.

[4] See id. at 19.

[5] Wyeth Inc., et al. v. Weeks et al., No. 1101397 (Ala. Sup. 2013).

[6] See id.

[7] New Hampshire v. Priceline.com, Inc., 2016 A.3d 333 (N.H. 2019).

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Drew Tipton – Nominee to the U.S. District Court for the Southern District of Texas

Baker Hostettler partner Drew Tipton, who has focused his career on employment and labor litigation, is poised to fill the last judicial vacancy on the Texas federal bench.

Background

Tipton was born in Angleton TX in 1967.  Tipton graduated from Texas A&m University in 1990 and received a J.D. from South Texas College of Law in 1994.[1]  After graduating, Tipton clerked for Judge John Rainey on the U.S. District Court for the Southern District of Texas.  He then joined the Houston office of Littler Mendelson P.C. as an Associate.

In 1997, Tipton moved to Victoria, Texas, to the firm of Houston, Marek, & Griffin LLP.[2] In 1999, Tipton moved to the Houston office of Baker Hostettler, where he became a Partner in 2001, and where he still practices.

History of the Seat

Tipton has been nominated to fill a vacancy opened by Judge Sim Lake’s move to senior status on July 5, 2019.  In late 2019, Tipton applied and interviewed with the Federal Judicial Evaluation Committee (FJEC) created by Texas Senators John Cornyn and Ted Cruz to fill federal judicial vacancies.[3]  Tipton interviewed with the White House in November 2019 and was subsequently selected as a nominee.

Legal Experience

Tipton’s career in private practice is primarily at the firm of Baker Hostettler, where he primarily practices in labor and employment law.[4]  While he started his career in representing plaintiffs in employment matters, he currently primarily represents defendants.[5]  Tipton has tried six cases as lead counsel and an additional six as associate counsel.[6]

In one of his most significant cases, Tipton represented a company sued by its employee, who alleged an attempt to murder him.[7]  The Plaintiff in the case, Andy Olmeda, was a machinist who was shot at with a shotgun by two employees, both of whom were intoxicated at the time.[8]  Olmeda brought a number of charges against his employer, including assault and battery.  However, all claims were dismissed after discovery by Judge Martin Feldman.[9]

Political Activity

Tipton has been fairly active with the Republican Party, serving as a member of the Republican National Lawyers Association and of the Federalist Society.  He’s also been a frequent donor to Republicans, giving over $8000 to Cornyn and approximately $3000 to Cruz.[10]

Overall Assessment

While many of Trump’s nominees in Texas have drawn sharp criticism, Tipton’s relatively noncontroversial background and lack of controversial statements should grease his path to confirmation.

[1] Sen. Comm. on the Judiciary, 116th Cong., Drew Tipton, Questionnaire for Judicial Nominees 1.

[2] See id.

[3] Id. at 25.

[4] See id. at 13-14.

[5] Id. at 14.

[6] See id.

[7] Olmeda v. Cameron Int’l Corp., 139 F. Supp. 3d 816 (E.D. La. 2015).

[8] Id. at 821.

[9] Id. at 837.

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Judge John Badalamenti – Nominee to the U.S. District Court for the Middle District of Florida

A longtime public defender, Judge John Badalamenti is President Trump’s fourth nominee to the U.S. District Court for the Middle District of Florida.

Background

The 45-year-old Badalamenti received a B.A. in Criminology and an M.A. in Sociology from the University of Florida.[1]  Badalamenti then received his J.D. from the University of Florida Levin College of Law, after which he joined the U.S. Attorney General’s Honors Program, where he was placed with the Federal Bureau of Prisons in Atlanta.[2]

After his time with the Honors Program, Badalamenti clerked for Judges Frank Hull and Judge Paul Roney on the U.S. Court of Appeals for the Eleventh Circuit before joining the Federal Public Defender’s Office for the Middle District of Florida.[3] 

In 2015, Badalamenti was appointed to the Second District Court of Appeal in Florida by Governor Rick Scott.  He still holds the judgeship.

History of the Seat

Badalamenti has been nominated to a seat on the U.S. District Court for the Middle District of Florida.  This seat opened on December 14, 2018, when Judge Elizabeth Kovachevich moved to senior status.  

Badalamenti was one of four finalists nominated for this court by the Judicial Nominating Commission (JNC) set up by Florida Senators Bill Nelson and Marco Rubio in December 2017.[4]  Badalamenti was formally nominated on February 4, 2020.

Legal Experience

Badalamenti has most of his pre-bench career as a federal public defender, an unusual background for a judicial nominee, particularly one in a Republican administration.  In his role as a federal public defender, Badalamenti practiced before the U.S. Court of Appeals for the Eleventh Circuit, as well as the U.S. District Court for the Middle District of Florida.  For example, in one case, Badalamenti successfully got the sentences of his client reversed on the grounds that a prior conviction for carrying a concealed weapon should not be considered a “violent” crime for sentencing enhancement.[5] 

However, Badalamenti’s most notable case was Yates v. United States, which he argued before the U.S. Supreme Court.[6]  In the case, his client was caught catching grouper that were too small to fit under federal regulations, and subsequently disposed of the small fish before federal authorities could inspect the catch.[7]  Yates was prosecuted and convicted for destruction of evidence under a provision in the Sarbanes-Oxley Act that criminalized destroying “tangible objects” while impeding federal investigations.[8]  Ultimately, the Supreme Court, in a 5-4 ruling, agreed with Badalamenti that the Sarbanes-Oxley charges were improper.[9]  The ruling cut across ideological lines with Justice Ruth Bader Ginsburg writing the opinion striking down the conviction, which was joined by Chief Justice John Roberts, and Justices Stephen Breyer, Samuel Alito, and Sonia Sotomayor.[10]  Meanwhile, Justice Elena Kagan dissented, joined by Justices Antonin Scalia, Anthony Kennedy, and Clarence Thomas.

Judicial Experience

Badalamenti served as an appellate judge in Florida since 2015.  In this role, Badalamenti serves as an intermediate appellate judge, reviewing criminal and civil appeals from the county courts and the circuit courts.  

Among his most notable cases while sitting as an appellate judge, Badalamenti joined an opinion finding that the state of Florida needed to reimburse Lee County homeowners for cutting down healthy citrus trees, an act committed to slow down the spread of citrus-canker disease.[11]  Badalamenti agreed with the trial court that the Takings Clause of the Florida Constitution required repayment even where the repayment had not been authorized by the Florida legislature.[12]

Overall Assessment

Much ink has been spelled on the relative paucity of public defenders on the federal bench compared to prosecutors, and the brutal campaign against Judge Jane Kelly, another former public defender, during her brief consideration for the Supreme Court helps explain why that gap exists.  

Nonetheless, public defenders perform an important constitutional duty in the criminal justice process.  Given his support from Trump and Florida’s Republican senators, Badalamenti should be able to avoid any negative comment from his work.

[1] Florida Second Circuit Court of Appeal, Judge John L. Badalamenti, Biography (available at https://www.2dca.org/Judges/Judge-John-L.-Badalamenti),

[2] Id.

[3] Id. 

[4] Fellow nominees Thomas Barber and Wendy Berger were also finalists.

[5] United States v. Canty, 570 F.3d 1251 (11th Cir. 2009).

[6] See 135 S. Ct. 1074.

[7] See Robert Barnes, Justices Tackle the Case of the Missing Grouper: Federal Prosecutors Used a Portion of the Law to Tackle a Commercial Fisherman Who Threw Some Back, Wash. Post, Nov. 5, 2014.

[8] See In re Rosemary Frost, Case No. 2001-1954 (Fla. Cir. Ct. 2001).

[9] Supreme Court: One Fish, Two Fish, Red Fish, Blue Fish, CNN Wire, Feb. 25, 2015.

[10] See id.

[11] See Jim Saunders, Court Says State Should Pay in Citrus Fight, The News Service of Florida, Nov. 13, 2019, https://cbs12.com/news/local/court-says-state-should-should-pay-in-citrus-fight.

[12] See id.

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Judge Cory Wilson – Nominee to the U.S. District Court for the Southern District of Mississippi

Judge Cory Wilson, who currently serves on the Mississippi Court of Appeals has a relatively short jurisprudential record.  However, as a former state representative, Wilson has a larger record of political activity and statements that may be mined during the confirmation process.

Background

Cory Todd Wilson was born on August 8, 1970, in Pascagoula, Mississippi.  After getting a B.A. summa cum laude from the University of Mississippi, Wilson received his J.D. from Yale Law School.[1]  Wilson then clerked for Judge Emmett Ripley Cox on the U.S. Court of Appeals for the Eleventh Circuit and then joined the Jackson office of Watkins Ludlam Winter & Stennis P.A.

In 2001, Wilson joined Bradley Arant Rose & White LLP as an associate.  He stayed until 2008, except for a year as a White House Fellow.[2]  In 2008, he joined the Mississippi Secretary of State’s Office as Chief of Staff/Deputy Secretary of State.  Wilson also served as Counsel for State Treasurer Lynn Fitch.  

In 2011, Wilson joined Heidelberg Steinberger Colmer & Burrow, P.A., where he stayed until his election to the Mississippi House of Representatives as a Republican in 2016.  Wilson served in the House until 2019, when he was appointed to the Mississippi Court of Appeals.

History of the Seat

Wilson has been nominated for a vacancy on the U.S. District Court for the Southern District of Mississippi.  This seat opened on March 23, 2018, when Judge Louis Guirola took senior status.  While Wilson broached his interest in the judgeship in mid-2018, his nomination was not sent to the White House until May 2019, after he had been appointed to a seat on the Mississippi Court of Appeals.[3]  Wilson was ultimately nominated in November 2019.

Legal Experience

Before he joined the legislature, Wilson generally practiced civil litigation, albeit with some work with both the Secretary of State and the Treasurer of Mississippi.  Over the course of his career, Wilson has tried three cases to verdict.[4]  Notably, Wilson represented one of the defendants sued for allegedly engaging in a conspiracy to photograph Sen. Thad Cochran’s wife in order to damage his re-election campaign.[5]  Wilson was able to get the case against his client dismissed for failure to state a claim.[6]

Jurisprudence

Wilson has served on the Mississippi Court of Appeals since his appointment in February 2019.  In his time on the bench, Wilson has authored approximately twenty opinions, mostly on matters of criminal law.  For example, Wilson wrote for the Court in finding that the trial judge did not err in trying and convicting a defendant while he was not present, finding that the defendant was trying to willfully avoid trial.[7]  In contrast, in another case, Wilson reversed a conviction for possession of a controlled substance, finding that the indictment was defective.[8]

Political Activity

As noted earlier, Wilson was elected as a Republican to the Mississippi House of Representatives in 2015 and served until his appointment to the Court of Appeals in 2019.  Wilson also previously ran for the state legislature in 2007, albeit unsuccessfully.  During his campaign, Wilson identified himself as a “conservative consensus builder.”[9]  He also attacked his opponent for opposing the record of Gov. Haley Barbour,[10] crime policy,[11] and cuts in dyslexia funding.[12]

In addition to his campaigns, Wilson has extensive involvement with the Mississippi Republican Party, including serving as a volunteer during many Republican campaigns and serving on Republican organizations.[13] 

Speeches and Writings

As both a state representative and as a private citizen, Wilson wrote frequently on the law and policy, generally representing a conservative perspective on both.  Additionally, Wilson also maintains an active Twitter account.[14]  His tweets and his writings have already drawn sharp criticism from liberal groups.[15]  Specifically, Wilson has been criticized for calling for the reversal of the Supreme Court’s decision in Roe v. Wade,[16] and for referring to same-sex marriage as “a pander to liberal interest groups.”[17]

On his Twitter account, Wilson’s tweets are generally innocuous, describing the weather or celebrating major American holidays.  However, some of the tweets touch on more controversial topics.  For example, in a tweet on October 5, 2018, Wilson praises Sen. Susan Collins for supporting the nomination of Justice Brett Kavanaugh, praising her for rejecting “ugly tactics employed by the Left.”[18]  Similarly, the day before the 2018 election, Wilson wrote that the election was a choice between “#RepublicanResults, or unhinged Dem #Resistance.”[19]

Overall Assessment

Given Wilson’s public statements attacking his perceived political opponents, it is unsurprising that he has drawn controversy since his nomination and that his name has proceeded relatively slowly through the confirmation process.  That being said, given the Republican majority, Wilson is favored for confirmation.  Nonetheless, Democrats may raise questions as to Wilson’s willingness to consider with an open mind the legal arguments of parties he disagrees with.  If Wilson is able to rebut such concerns, he will likely get a bipartisan confirmation.

[1] Sen. Comm. on the Judiciary, 115th Cong., Cory Wilson: Questionnaire for Judicial Nominees 1.

[2] Id. at 2.

[3] See id. at 87.

[4] Id. at 72.

[5] See Mayfield v. Butler Snow LLP, 341 F. Supp. 3d 664 (S.D. Miss. 2018).

[6] Id.

[7] Morales v. State, 2019 WL 3562031 (Miss. Ct. App. Aug. 6, 2019).

[8] Payne v. State, 2019 WL 2511477 (Miss. Ct. App. June 18, 2019).

[9] See A Time For Choosing, YouTube, https://www.youtube.com/watch?v=AVYGAn5Ddkw.

[10] See id.

[11] Cory Wilson on Crime, YouTube, https://www.youtube.com/watch?v=7MvqKGgcVVQ.

[12] Cory Wilson (Unaired), YouTube, https://www.youtube.com/watch?v=iDp-wvvs9_A.

[13] See Wilson, supra n. 1 at 68-69.

[14] See Cory Wilson (@CoryWilsonMS), https://twitter.com/CoryWilsonMS.

[15] See, e.g., Alliance for Justice, Report on Cory Wilson (available at https://afj.org/wp-content/uploads/2019/11/Cory-Wilson-Report-Final-1.3.20.pdf).

[16] See Mississippi Right to Life Candidate Questionnaire, available at https://afj.org/wp-content/uploads/2019/11/Wilson-Attachments-p489-493.pdf.

[17] Cory T. Wilson, When Tolerance Is Really ‘Zero Tolerance’, Press-Register, June 1, 2012, available at https://afj.org/wp-content/uploads/2019/11/Wilson-Attachments-p200-201.pdf.

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David Joseph – Nominee to the U.S. District Court for the Western District of Louisiana

The Western District of Louisiana faced a massive vacancy crisis early in the Trump Administration, with five vacancies on a court of seven judgeships.[1]  Over the past two years, the Administration has appointed four men to the bench.  Now, a fifth, U.S. Attorney David Joseph, has been tapped to fill the final vacancy on the court.

Background

David Cleveland Joseph was born in Dallas on May 6, 1977.  Joseph attended the University of Oklahoma, graduating in 2000.  He went straight from college into Louisiana State University Law School, getting his J.D. in 2003.  Joseph then clerked for Justice Jeffrey Victory on the Louisiana Supreme Court and for Judge John Parker on the U.S. District Court for the Middle District of Louisiana before joining the U.S. Army as a JAG Officer.[2] 

In 2008, Joseph joined the Dallas office of Fulbright & Jaworski LLP as a litigation associate.  After three years there and a year at Kane, Russell, Coleman & Logan, P.C., Joseph joined the Federal Deposit Insurance Corporation as a Senior Attorney.[3]

In 2014, Joseph moved from Dallas to Lafayette, Louisiana, becoming a federal prosecutor under U.S. Attorney Stephanie Finley.  In 2018, upon the recommendation of Louisiana’s Republican senators, Joseph was nominated by Trump and confirmed by the Senate to replace Finley.  Joseph currently serves as the U.S. Attorney for the Western District of Louisiana.

History of the Seat

Joseph has been nominated to fill a vacancy on the U.S. District Court for the Western District of Louisiana.  The seat Joseph has been nominated for opened on November 30, 2017, with Judge Dee Drell’s move to senior status.  

In September 2019, Joseph was contacted by Sen. John Kennedy (R-LA) to urge him to serve as a federal judge.[4]  Joseph subsequently interviewed before the White House in October 2019 and was nominated on December 2, 2019.  

Legal Experience

While Joseph has held a number of different positions throughout his legal career, his most prominent positions are those of U.S. Attorney and assistant U.S. attorney.  In the latter position, Joseph served as a federal criminal prosecutor, handling white collar crimes, firearm cases, and crimes committed on military bases.[5]  In particular, Joseph prosecuted Buddhist monk Khang Nguyen Le for stealing temple funds to gamble at a local casino.[6]  Le ended up pleading guilty and being sentenced to 30 months in prison.[7]  Joseph also prosecuted Ryan Taylor for manufacturing and detonating a chemical weapon at the Fort Polk Army Installation.[8]

As U.S. Attorney, Joseph leads an office of approximately forty attorneys in conducting both criminal prosecutions and civil defense of the United States.  Notably, Joseph’s office prosecuted Lake Charles police officer Robert Hammac for using excessive force during an arrest.[9]  In the prosecution, Joseph stated:

“…officers who betray the badge and the public’s trust, as the defendant did here, dishonor their profession and endanger the safety of their fellow officers.”[10] 

Among other prominent prosecutions of his time as U.S. Attorney, Joseph’s office indicted Donnie Laing for orchestrating a million dollar Ponzi scheme,[11] and prosecuted Gilvin Aucoin for poaching an endangered whooping crane.[12]

Overall Assessment

At 42 years old, Joseph is, by far, the youngest district court nominee put forward by Trump in Louisiana.  Nonetheless, Joseph has a fairly varied resume, with extensive litigation experience in both criminal and civil law.  

Joseph has generally managed to steer clear of controversy throughout his career, and his aggressive prosecution of poaching and police brutality should win him some Democratic support.  As such, Joseph will likely be confirmed fairly comfortably.

[1] Tyler Bridges, 42 Parish Area of Western Louisiana Suffers From Vacant Federal Judgeships, The Acadiana Advocate, Aug. 22, 2017, http://www.theadvocate.com/acadiana/news/article_dad54e68-8791-11e7-9cfc-678529cbf1c6.html.

[2] Sen. Comm. on the Judiciary, 116th Cong., David Joseph: Questionnaire for Judicial Nominees 2.

[3] See id.

[4] Id. at 42-43.

[5] See id. at 28.  

[6] Press Release, Office of the U.S. Attorney, Buddhist Monk Pleads Guilty of Defrauding Temple of More than $263,000 (March 17, 2016).

[7] Press Release, Office of the U.S. Attorney, Buddhist Monk Sentenced to 30 Months in Prison For Defrauding Temple of More than $263,000 (July 25, 2016).

[8] United States v. Taylor, Case No. 17-CR-00324 (W.D. La.).

[9] See U.S. Attorney: Former Lake Charles Police Officer Sentenced to 18 Months in Federal Prison For Civil Rights Violation, States News Service, Nov. 21, 2019.

[10] See id. (quoting David Joseph).

[11] See Youngsville Man Indicted in Million Dollar Investment Fraud and Ponzi Scheme, States News Service, Nov. 21, 2019.

[12] See Man From Ville Platte Sentenced For Killing Endangered Whooping Crane, States News Service, Nov. 1, 2019.

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W. Scott Hardy – Nominee to the U.S. District Court for the Western District of Pennsylvania

Over the past two decades, W. Scott Hardy has built up a practice representing Western Pennsylvania entities in labor and employment disputes.  Now, with the support of Pennsylvania’s bipartisan team of senators, Hardy has been nominated to the U.S. District Court for the Western District of Pennsylvania.

Background

William Scott Hardy was born in Pittsburgh PA in 1971.[1]  Hardy graduated magna cum laude from Alleghany College in 1993 and from Notre Dame University Law School in 1996.[2]  He spent a year at the Pittsburgh office of Meyer Unkovic & Scott LLP and then joined Cohen & Grigsby P.C., practicing Labor & Employment law.  In 2010, Hardy joined Ogletree, Deakins, Nash, Smoak & Stewart, P.C., where he currently serves on the Board of Directors.[3]

History of the Seat

The seat Hardy has been nominated for opened on June 13, 2019, with Judge Nora Barry Fischer’s move to senior status.  

Hardy applied to the bipartisan judicial selection committee set up by Pennsylvania Senators Bob Casey and Pat Toomey in April 2019.[4]  Hardy interviewed with Toomey and Casey shortly after and was recommended to the White House in August 2019.  He was nominated in December 2019.

Legal Experience

Hardy has focused his career on labor and employment law, primarily representing businesses, non-profits, and governmental employers.  Overall, Hardy has litigated three jury trials to verdict.[5]  Notably, Hardy represented J.C. Penney in a civil jury trial in West Virginia.[6] 

Among Hardy’s most significant cases, he has represented a number of Western Pennsylvania corporations, universities, and hospitals in defending against labor, employment, and contract actions.  For example, he represented Waynesburg University in successfully defending against a racial discrimination claim filed by a former wrestling coach.[7]  He also represented Pennsylvania State University in defending against Title VII, ADA, and FMLA claims raised by administrators.[8]

Political Activity

Hardy is a Republican and has frequently donated to Pennsylvania Republicans, including Toomey and former Rep. Keith Rothfus.[9]

Overall Assessment

At a time of fierce partisanship over judicial nominations, Toomey and Casey have generally proven cooperative, plugging through the long list of Pennsylvania vacancies. Hardy is, thus, the product of a process that works.  As such, given his relatively noncontroversial career, Hardy will likely be confirmed in due course, without attracting much flash.

[1] Sen. Comm. on the Judiciary, 116th Cong., Scott Hardy: Questionnaire for Judicial Nominees 1.

[2] Id.

[3] Id.

[4] Id. at 46.

[5] Id. at 30.

[6] Moyer v. J.C. Penney, Civil Action No. 09-C-368 (Circuit Ct. of Wood Cnty., WV) (Bean, J.).

[7] Heard v. Waynesburg University, No. 2:09-cv-01315-RCM (W.D. Pa.).

[8] Onesi et al. v. The Pennsylvania State University, No. 2:11-cv-00928-LPL (W.D. Pa.).

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John Heil – Nominee to the Eastern, Northern, and Western Districts of Oklahoma

The Federal Courthouse in Lawton, Oklahoma

John O’Connor, a Tulsa based civil litigator in his 60s, was presumably considered a safe nominee when he was put forward in 2018 by the Administration.  However, questions were quickly raised about the nomination, including by the American Bar Association, and the nomination was withdrawn.  Now, his law partner John Heil has been nominated to fill the same vacancy.

Background

John Frederick Heil III was born in Lima, Ohio, in 1968.  Heil received a B.A. from Oklahoma State University in 1990 and a J.D. from the University of Tulsa College of Law in 1994.[1]  After graduating, Heil joined Ronald D. Wood & Associates before moving to the Tulsa County District Attorney’s Office as a state prosecutor.

In 2000, Heil joined the Tulsa office of Hall Estill Hardwick Gable Golden & Nelson P.C. as a Shareholder.  It is a position he currently holds.

History of the Seat

Heil has been nominated for the only judgeship in the country that traverses three districts: the Eastern, Northern, and Western Districts of Oklahoma.  Judge James Payne, who previously held this seat, moved to senior status on August 1, 2017.  On April 12, 2018, the Administration nominated John O’Connor, another partner at Hall Estill, to fill this vacancy.  However, O’Connor’s appointment took a setback when the ABA rated him unanimously unqualified, citing alleged ethical impropreities in his billing practices.[2]  In response, the White House withdrew O’Connor’s nomination.

Heil himself had been considered during the initial nomination process that produced O’Connor but was not selected.  In June 2019, Heil reinterviewed with Senators James Inhofe and James Lankford, and was recommended to the White House in August 2019.  Heil was ultimately nominated on December 2, 2019.  

Political Activity

Heil has made occasional political donations, giving $1500 to Republican congressional candidate Tim Harris, who was Heil’s former boss at the Tulsa County District Attorney’s Office.[3] 

Legal Experience

Other than a short stint as a state prosecutor, Heil has spent his entire career in civil litigation, focusing on business litigation, employment, and intellectual property.  In his career, Heil has tried approximately 35 cases to verdict.[4] 

In his time at the Tulsa District Attorney’s Office, Heil handled drug, traffic, and violent crime cases, including the prosecution of Jared Henderson, a teenager who was charged with causing a fatal car wreck.[5]  He also prosecuted Robert Clark for deliberately running over a woman and killing her after a barroom argument.[6]

In his time in private practice, Heil represented a plaintiff injured after wind barriers were removed in her building, securing $1.2 million in damages for his client.[7]  He also secured $9 million in damages for his client in a contract dispute involving environmental restoration.[8] 

Overall Assessment

When O’Connor was nominated to this seat last year, we predicted a relatively painless confirmation given his age and level of experience.  His subsequent withdrawal reinforces the unpredictable nature of the confirmation process.  Nevertheless, Heil should feel fairly comfortable that, barring an unusual development, he will be on the federal bench in Oklahoma next year.

[1] Sen. Comm. on the Judiciary, 116th Cong., Questionnaire for Judicial Nominees: John Heil 1.

[2] Justin Wingerter, Federal Judge Nominee From Tulsa Has Bar Association Complaints, Was Sued By Client, The Oklahoman, Oct. 1, 2018, https://www.tulsaworld.com/news/federal-judge-nominee-from-tulsa-has-bar-association-complaints-was/article_2406fcb9-137e-5389-a1a8-f939129eebac.html.  

[4] See Heil, supra n. 1 at 14.

[5] See Teen-Ager Pleads Guilty to Causing Fatal Car Wreck, Daily Oklahoman, Nov. 3, 1998.

[6] See Jury Convicts Man Accused of Running Over Woman, A.P. State & Local Wire, May 21, 1999.

[7] Wilson v. University Mansion Ltd. Parntership, d/b/a University Club, et al., Case No. 17-CV-217 (N.D. Okla. 2017).

[8] OHM Remediation Srvs. Corp. v. Earth Tech, Inc., et al., Case No. 99-5029 (D.S.D. 2001).

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Matthew Schelp – Nominee to the U.S. District Court for the Eastern District of Missouri

The area in white is covered by the Eastern District

St. Louis attorney Matthew Schelp has been tapped to fill the Cape Girardeau based seat of Judge Stephen Limbaugh, who is scheduled to move to senior status next year.

Background

A native Missourian, Schelp was born in 1970 in Kansas City.  He attended the University of Missouri College of Business and then received a J.D. from the University of Missouri School of Law.[1]  He then joined the U.S. Navy as a member of the Judge Advocate General (JAG) Corps.  After brief stints at the firms of Thompson Coburn LLP and Husch Blackwell LLP in St. Louis, Schelp joined the U.S. Attorney’s Office for the Eastern District of Missouri in 2001 as a federal prosecutor.[2]

In 2010, Schelp left the U.S. Attorney’s Office to found the firm of Jensen, Bartlett, & Schelp LLP.[3]  In 2013, he left to become a Partner at Husch Blackwell, LLP, where he still practices.

History of the Seat

Schelp has been nominated for a future vacancy on the U.S. District Court for the Eastern District of Missouri.  This seat will open on August 1, 2020, when Judge Stephen Limbaugh moves to senior status.  In November 2018, Schelp reached out to Sen. Roy Blunt (R-Mo.) to express his interest in the vacancy.[4]  After interviewing with Blunt, Schelp was recommended to the White House in May 2019.  Schelp was officially nominated for the seat on December 2, 2019.

Legal Experience

Schelp began his legal career as a member of the JAG Corps in the Navy.  Then, after a short stint in private practice, Schelp spent nine years as a federal prosecutor.  In this position, Schelp primarily prosecuted economic crimes, including the prosecution of Donald Sanders, an inmate who doctored tax returns to defraud the federal government.[5]  Schelp also helped to prosecute Democratic State Rep. Henry Bowman for bribing a bank official.[6]  This latter prosecution attracted criticism from some who argued that the U.S. Attorney’s Office (under Schelp’s boss Catharine Hanaway) was targeting Democrats and sidestepping crimes committed by Republicans.[7]

Since 2010, Schelp has been in private practice, working primarily on white collar defense and compliance matters.  While there, Schelp represented former Missouri Gov. Eric Greitens in defending against a series of criminal probes which eventually led to his resignation as Governor.[8]  Schelp also represented St. Louis attorney Edward Griesedeck III, who was charged with misappropriating political donations.[9] 

Political Activity and Memberships

Schelp has a fairly active political history, including memberships in the Republican National Lawyers Association and the Federalist Society for Law & Public Policy.[10]  Schelp has also frequently donated to Missouri Republicans including Blunt, Hawley, and Congresswoman Ann Wagner.[11] 

Overall Assessment

Both of Trump’s nominations to the federal bench in Missouri have proven deeply controversial due to their strongly conservative backgrounds.  Schelp lacks the hot-button triggers that Clark and Pitlyk had, but will still attract Democratic opposition from his conservative record.  However, unless questions are raised regarding political prosecutions from his U.S. Attorney time, it is unlikely that Schelp would draw enough opposition to cost his confirmation.

[1] Sen. Comm. on the Judiciary, 116th Cong., Questionnaire for Judicial Nominees: Matthew Schelp 1.

[2] See id. at 2.

[3] See id. 

[4] See id. at 25.

[5] Peter Shinkle, Prisoner Created Fake Tax Returns in $73,000 Scam, Indictment Says, St. Louis Post-Dispatch, Aug. 29, 2004.

[6] States News Service, State Representative Pleads Guilty to Bribing a Bank Official, States News Service, Jan. 11, 2008.

[7] See, e.g., Howard Beale, Our Fair, Impartial, Non-Partisan U.S. Attorney’s Office Still Pulling For Blunt, Fired Up! Missouri, Jan. 21, 2008.

[8] See Kurt Erickson, One of Former Missouri Gov. Eric Greitens’ Attorneys Picked For Federal Judge Post, St. Louis Post-Dispatch, Nov. 7, 2019.

[9] See Alan Scher Zagier, Ex-Mo. Gov. Wilson Seeks Probation for Donations, A.P. State & Local Wire, July 5, 2012.

[10] See Schelp, supra n. 1 at 5-6.

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Michelle Pettit – Nominee to the U.S. District Court for the Southern District of California

The U.S. District Court for the Southern District of California is currently short five judges.  The Trump Administration and California’s Democratic senators have settled on a package of five nominees to fill the vacancies.  One of the Republican picks is national security prosecutor Michelle Pettit.

Background

Pettit was born Michelle Elise Montgomery in Fredericksburg, VA in 1972.  Pettit attended the United States Naval Academy, getting a B.S. in 1994.[1]  She then spent five years in the Navy before getting her J.D. from Vanderbilt University Law School in 2001.[2]

After law school, Pettit joined the U.S. Navy Personnel Command as Assistant Legal Counsel.[3]  In 2007, she moved to the U.S. Navy Reserve as Senior Trial Counsel.[4]  In 2017, she became Chief Trial Judge in the Judiciary of the U.S. Navy and Marine Corps.

Simultaneously, since 2007, Pettit has been an Assistant United States Attorney based in San Diego.  

History of the Seat

Pettit has been nominated to the U.S. District Court for the Southern District of California, to a seat vacated on October 31, 2018, by Judge Michael Anello’s move to senior status.  In October 2017, Pettit inquired about district court vacancies with the Office of Legal Policy at the Department of Justice and interviewed with the White House Counsel’s Office.[5]

In 2018, Pettit interviewed with selection committees set up by California’s Democratic Senators Dianne Feinstein and Kamala Harri.[6]  Pettit was selected as a nominee on September 18, 2019 and was nominated on November 21, 2019.

Legal Experience

Over her legal career, Pettit has primarily served in legal roles in the U.S. Navy and the Naval Reserve, where, among other roles, she provided legal advice on confinement and detention, prosecuted Navy members for violations and crimes, and advised on terminations, ethics, and personnel matters.  Additionally, since 2007, she has worked on national security and cybercrimes issues as an Assistant U.S. Attorney.[7]  Throughout her career, Pettit has tried 25 cases to verdict, including 20 jury trials.[8] 

Among her more prominent cases, Pettit prosecuted five Mexican nationals for the killing of Border Patrol Agent Robert Rosas.[9]

In another matter, Pettit’s name emerged in connection with whether Navy Judge Advocate General James Crawford III had illegally interfered in Navy investigations and prosecutions.[10]  Specifically, Pettit was one of two lawyers emailed by Crawford’s subordinate Donald King, who asked about further prosecutions relating to the death of Navy Seal James Derek Lovelace.[11]  However, there are no allegations of wrongdoing connected with Pettit, who does not seem to have been involved in prosecutions relating to the death.

Judicial Experience

Since 2017, Pettit has been a Judge with the Navy-Marine Corps Trial Judiciary.  In that time, Pettit handled court-martial proceedings, specifically, one bench trial and three guilty pleas.[12]  Pettit has also served as an Appellate Judge with the Navy Reserve, where she reviewed Navy and Marine-Corps court-martial records.

Overall Assessment

In many ways, Pettit’s background is similar to that of fellow Southern District nominee Todd Robinson, who is also a federal prosecutor.  Such a background is fairly “safe” for federal judgeships, and, while she may face a few questions about the Lovelace case, Pettit is strongly favored to be confirmed to the federal bench.

[1] Sen. Comm. on the Judiciary, 116th Cong., Michelle Pettit: Questionnaire for Judicial Nominees 1.

[2] See id.

[3] See id. at 2.

[4] See id. 

[5] Id. at 37-38.

[6] Id.

[7] Kristina Davis, Who Are the Five ATtorneys Trump Wants on San Diego’s Federal Bench?, San DIego Union-Tribune, Sept. 20, 2019.

[8] See Pettit, supra n. 1 at 25-26.

[9] Kristina Davis, Last of Border Agent’s Killers Sentenced, San Diego Union-Tribune, Mar. 20, 2014, https://www.sandiegouniontribune.com/sdut-border-patrol-agent-rosas-gonzales-sentence-2014mar20-story.html.

[10] Carl Prine, Top Navy Lawyer Accused of Interfering in 2 Cases, San Diego Union Tribune, Aug. 3, 2017.

[11] Id.

[12] See Pettit, supra n. 1 at 16.

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