Kirk Sherriff – Nominee to the U.S. District Court for the Eastern District of California

Federal prosecutor Kirk Sherriff, who has led the Fresno Office of the U.S. Attorney’s Office since 2015, has now been nominated to a pending vacancy on the busiest federal trial court in the country.

Background

Kirk Edward Sherriff received a B.A. cum laude from Columbia University in 1990 and a J.D. cum laude from Harvard Law School in 1995, working as a school teacher in Mississippi in the interregnum. Sherriff then joined White & Case LLP as an Associate, where, barring a hiatus to clerk for Chief Justice Deborah Poritz on the Supreme Court of New Jersey, he stayed until 2002. In 2002, Sherriff joined the U.S. Attorney’s Office for the Eastern District of California, where he has stayed since, rising to be Chief of the Fresno Office since 2015.

History of the Seat

Sherriff has been nominated to the U.S. District Court for the Eastern District of California, to a seat vacated by the elevation of Judge Ana de Alba to the U.S. Court of Appeals for the Ninth Circuit.

Legal Experience

Sherriff started his legal career at the firm of White & Case LLP, where he worked as an associate on civil litigation. Among the cases that he worked on there, Sherriff was part of the legal team defending against fraud suits brought about after the collapse of the Executive Life Insurance Company. See Low v. Altus Finance S.A., 136 F. Supp. 2d 1113 (C.D. Cal. 2001). However, he has spent the vast majority of his career as a federal prosecutor with the U.S. Attorney’s Office for the Eastern District of California. While with the office, Sherriff worked on both civil and criminal matters, starting out in the Civil Division, where he handled fraud and tort cases, as well as forest fire cases and affirmative civil enforcement actions, before shifting to the Criminal Division, where he has focused on tax evasion and embezzlement prosecutions.

Among his notable cases, Sherriff argued before the Ninth Circuit against Jeff Livingston, who was challenging his convictions for mail fraud and theft as an employee of a gambling establishment on Indian lands, arguing that the government had failed to prove that the establishment in question was actually on Indian lands. See United States v. Livingston, 725 F.3d 1141 (9th Cir. 2013). The Ninth Circuit affirmed the conviction, finding that the gambling establishment being on Indian land is not an element of the offense that needs to be proven. See id.

Political Activity

Sherriff has two donations to his name: one to Democratic Rep. T.J. Cox as a Congressional candidate in 2017 and another to the Committee to Stop the Recall of Governor Gavin Newsom.

Overall Assessment

With 25+ years of experience with both civil and criminal litigation, Sherriff has a background that is likely to serve him well as a federal judge. As there is little in his record that is likely to attract controversy, Sherriff remains strongly favored for confirmation.

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Judge Edward Kiel – Nominee to the U.S. District Court for the District of New Jersey

Earlier this year, Judge Edward Kiel, a federal magistrate judge, was a finalist for a seat on the New Jersey Supreme Court. While Kiel did not get that spot, he has been nominated for a seat on the federal bench.

Background

Born in 1965 in South Korea, Kiel graduated from the Rutgers University in 1988 and then attended Notre Dame University School of Law, getting his J.D in 1991.

After graduating, Kiel clerked for Judge Michael Imbriani on the Superior Court of New Jersey and then joined Jamieson Moore Peskin & Spicer. In 1994, Kiel moved to Beattie Padovano and then, in 1998, to Cole Schotz, P.C., where he became a Partner in 2001.

Since 2019, Kiel has been serving as a U.S. Magistrate Judge based in Newark.

History of the Seat

The seat Kiel has been nominated for opened earlier this week on October 31, with Judge Kevin McNulty’s move to senior status.

Legal Experience

Kiel has spent virtually his entire pre-bench career working in private practice. While he shifted from firm to firm throughout his career, Kiel focused his practice on commercial law, including insurance defense. Over his career, Kiel has tried approximately ten cases to a jury.

Among the notable cases he has handled, Kiel represented ISOL Technology, Inc., who was sued for misappropriation of trade secrets. See LBDS, Inc. v. ISOL Technology, Inc., 11-00428 E.D. Tex.). After a two week jury trial ended in a verdict for the plaintiffs, Judge Leonard Davis granted a motion to vacate the verdict after new evidence revealed that some of the plaintiff’s exhibits had been forged.

On the appellate side, Kiel argued before the New Jersey Supreme Court in defending a construction lien signed by an attorney operating under a power of attorney agreement. See D.D.B. Interior Contracting. Inc. v. Trends Urban Renewal Association, Ltd., 176 N.J. 164 (2003). The case ended in a unanimous ruling for Kiel’s position. See id.

Judicial Experience

Kiel has served as a U.S. Magistrate judge in Maryland since his appointment in 2019. In this role, he handles settlement, discovery, and makes recommendations on dispositive motions. He also presides over cases where the parties consent.

Due to his relatively short tenure on the bench, Kiel has not presided over any matters that proceeded to verdict or judgment.

Political Activities

Kiel has a number of political donations to his name, all to Democratic candidates.

Overall Assessment

It is perhaps a testament to the relative lack of controversy in Kiel’s background that his Judiciary Committee hearing led to Senators largely steering clear of it in order to focus on other issues. Kiel is likely to see a relatively routine confirmation.

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Jamel Semper – Nominee to the U.S. District Court for the District of New Jersey

A lifelong prosecutor who was considered to be U.S. Attorney in 2021, Jamel Semper has now been nominated to a seat on the New Jersey federal bench.

Background

Born in Brooklyn in 1981, Jamel Ken Semper received a Bachelor of Arts from Hampton University in 2003 and a J.D. from Rutgers School of Law in 2007. He then clerked for Judge Harold Fullilove on the Essex County Superior Court and became a state prosecutor with the Union County Prosecutor’s Office. In 2013, Semper shifted to the Essex County Prosecutor’s Office, and in 2018, to the U.S. Attorney’s Office for the District of New Jersey, where he currently serves as Deputy Chief of the Criminal Division.

History of the Seat

At the recommendation of Senator Cory Booker, Semper has been nominated to replace Judge John Michael Vazquez, who resigned from the bench on September 8, 2023.

Legal Experience

Semper started his career as a state prosecutor, first working in the Union County Prosecutor’s Office and then shifting to the Essex County Prosecutor’s Office. Notably, with the latter office, Semper prosecuted Ali Mohammad Brown, who ended up pleading guilty of murder and terrorism for the murder of Brendan Tevlin as part of “Jihad”. See Alex Johnson, Man Pleads Guilty to N.J. Murder, Admits to Three Others in ‘Jihad’, NBC News, Mar. 6, 2018, https://www.nbcnews.com/news/us-news/man-pleads-guilty-n-j-murder-admits-three-others-jihad-n854346. Semper also prosecuted Lamar Hunt, who was found guilty by a jury of murder for killing a man his girlfriend had been texting with. See Thomas Moriarty, Man Gets Life for Luring Shooting Victim to His Death, NJ.com, July 25, 2017, https://www.nj.com/essex/2017/07/lamar_hunt_sentenced_to_life_for_white_castle_killing.html.

Since 2018, Semper worked at the U.S. Attorney’s Office for the District of New Jersey. At the office, Semper was named Deputy Chief of the Criminal Division in 2022. Among the matters he handled there, Semper prosecuted Richard Adebayo, who was convicted after a two-week jury trial, of conspiracy to commit wire fraud, 14 counts of wire fraud, and two counts of aggravated identity theft. See Essex County Man Convicted of Wire Fraud and Aggravated Identity Theft, Press Release, Office of the U.S. Attorney, June 28, 2019 (available at https://www.justice.gov/usao-nj/pr/essex-county-man-convicted-wire-fraud-and-aggravated-identity-theft).

Overall Assessment

Semper is one of a number of Biden appointees that is transforming New Jersey’s federal bench. While a relatively young nominee, Semper’s background as a prosecutor is likely to avoid too much opposition and will likely lead to a smooth confirmation.

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Judge John Kazen – Nominee to the U.S. District Court for the Southern District of Texas

The son of a long-serving federal judge, Judge John Kazen is President Biden’s first nominee to the Texas district courts.

Background

John Andrew Kazen was born in Lincoln, Nebraska in 1964, the son of George Kazen, who would later be appointed to the U.S. District Court for the Southern District of Texas. Kazen graduated from the University of Texas at Austin in 1987 and received a J.D. from the University of Houston Law Center in 1990. After graduating, Kazen spent a year as a law clerk to Judge Robert Manley Parker on the U.S. District Court for the Eastern District of Texas before joining Kemp, Smith, Duncan & Hammond P.C. in El Paso. In 1998, Kazen shifted to became a name Partner at Kazen, Meurer & Perez, L.L.P. in Laredo.

In 2018, Kazen was appointed as a U.S. Magistrate Judge for the U.S. District Court for the Southern District of Texas, where he currently serves.

History of the Seat

Kazen has been nominated to fill a vacancy opened by Judge Vanessa Gilmore’s retirement on January 2, 2022.

Legal Experience

Before he joined the federal bench, Kazen spent approximately twenty-six years in private practice, starting in El Paso and then shifting to Laredo. Kazen’s practice was primarily focused on representing defendants in personal injury cases. During the course of his career, he tried 18 jury trials. For example, Kazen represented the tile manufacturer Interceramic in a suit brought by a plaintiff truck driver based on injuries sustained dring the transport of the tiles. See Garcia-Gutierrez v. Interceramic, Inc., No. B-98-128 (S.D. Tex. 1998). The suit concluded in a jury verdict in favor of the defendant.

Outside the personal injury context, Kazen represented the security company ADT in a civil RICO (Racketeer Influenced and Corrupt Organizations Act) lawsuit against another security company relating to the sales of security systems in Mexico. See ADT Security Services, S.A. De C.V. v. Alert 24 Security, L.L.C., No. 2006CVQ001051-D2 (111th Dist. Ct., Webb Cnty. Tx.). He represented the company to a jury trial, where the jury found in his favor on the RICO claim but against him on the other claims.

Kazen has also handled a number of employment discrimination cases. For example, he represented the Texas Migrant Council in defending against a national origin discrimination suit, which ended in a jury verdict for Kazen’s client. See Alvarez v. Tex. Migrant Council, Inc., No. 5:2000-cv-00153 (S.D. Tex. 2000). In another case, Kazen successfully moved for summary judgment in a national origin discrimination case brought by a teacher against the Laredo Independent School District. See Garza v. Laredo Indep. Sch. Dist., 2009 WL 221258 (5th Cir. 2009).

Jurisprudence

Since 2018, Kazen has been a federal magistrate judge on the U.S. District Court for the Southern District of Texas. In this role, Kazen presides over bond hearings, discovery disputes, and cases where the parties consent to his jurisdiction. During his tenure on the bench, Kazen has presided over eight trials: seven of them civil. For example, Kazen presided over a bench trial involving a Federal Tort Claims Act suit after a Border Patrol agent shot the plaintiff, after which, Kazen granted a motion to dismiss, finding that sovereign immunity was not waived for the specific actions of the border patrol agent. See Cantu Silva v. United States, No. 5:19-CV-151 (S.D. Tex. Oct 31, 2022).

In another notable case, Kazen granted a motion to dismiss Section 1983 claims brought relating to the arrest of a citizen journalist by the Laredo police, finding that the officers were entitled to qualified immunity. See Villarreal v. City of Laredo, 44 F.4th 363 (5th Cir. 2022). The Fifth Circuit, in a 2-1 opinion, reversed, finding the violation of the plaintiff’s rights to be “obvious.” See id. at 367. In dissent, Chief Judge Priscilla Richman stated that Kazen “faithfully applied the law” in his decision. Id. at 382. Shortly after, the Fifth Circuit granted en banc rehearing to the decision, vacating the reversal.

Political Activity

Kazen has been a frequent donor to Democratic candidates for office, including multiple donations to President Obama and to Rep. Henry Cuellar.

Overall Assessment

With Texas’ federal judges among the most overworked in the country, the nomination of Kazen couldn’t come fast enough. As Kazen has the strong support of Texas’ Republican Senators, he is likely to be comfortably confirmed before the end of the year.

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Mustafa Kasubhai – Nominee to the U.S. District Court for the District of Oregon

Judge Mustafa Kasubhai made history in 2018 as the first Muslim-American on the federal bench (albeit not in a lifetime appointment). He has now been nominated to such a position by President Biden.

Background

Born in Reseda, California in 1970 to an Indian immigrant family, Mustafa Taher Kasubhai received a B.A. from the University of California, Berkeley in 1992 and a J.D. from the University of Oregon School of Law in 1996.

A year after graduation, Kasubhai opened his own law practice in Eugene, Oregon, which he maintained until being appointed to the Oregon Workers’ Compensation Board in 2003.

In 2007, Governor Ted Kulongoski appointed Kasubhai to the Lane County Circuit Court. In 2018, Kasubhai was chosen to be a U.S. Magistrate Judge with the U.S. District Court for the District of Oregon, where he currently serves.

History of the Seat

Kasubhai has been nominated for a seat on the U.S. District Court for the District of Oregon. This seat will open on December 29, 2023, when Judge Ann Aiken moves to senior status. Kasubhai was among six candidates recommended to the White House by Oregon Senators in June 2023.

Legal Experience

Kasubhai started his legal practice in Eugene Oregon in 1997 and maintained that practice until his appointment to the Oregon Board of Workers’ Compensation in 2003. His practice consisted largely of representing plaintiffs in workers’ compensation claims and in personal injury suits. In addition to a heavily administrative practice, Kasubhai also tried ten jury trials. Notably, Kasubhai represented the daughter of a decedent who died of carbon monoxide poisoning after the use of a propane heater in a tent. Kasubhai represented the plaintiffs in a 8-day jury trial which ended in a verdict for the plaintiff, which was subsequently affirmed on appeal. See Benjamin v. Walmart, 185 Or. App. 444 (2002). Kasubhai also represented a worker who cracked a tooth on an employer-provided snack in administrative proceedings and before the Oregon Court of Appeals. See Liberty Northwest Ins. Corp. v. Nichols, 186 Or. App. 664 (2002).

Jurisprudence

Kasubhai served as a Circuit Court Judge from 2007 to 2018. In this role, he served as a primary trial judge, supervising criminal and civil cases. In a notable decision later affirmed by the Oregon Court of Appeals, Kasubhai denied a motion to suppress, finding that the defendant, as a guest in the home being searched, lacked a privacy interest implicating the Fourth Amendment. See State v. Gonzalez, 292 Or. App. 342 (2018). In another notable decision, Kasubhai instructed a jury that drug use, drug dependence, and drug-induced psychosis did not constitute mental diseases or defects that affected the defendant’s culpability in murdering his girlfriend, which the Oregon Court of Appeals affirmed. See State v. Folks, 290 Or. App. 94 (2018).

Since 2018, Kasubhai has served as a federal magistrate judge for the U.S. District Court for the District of Oregon, in which role he handles pretrial release, discovery matters, as well as cases where parties consent to his jurisdiction. Among the notable cases he handled, parties consented to have him hear a “rule of reason” Sherman Act claim regarding a collective decision by Defendant neurologists to stop covering the Plaintiff’s calls. See Ireland, M.D. v. Bend Neurological Associates, et al., No. 6:16-cv-02054-MK, 2021 WL 1229937 (D. Or. Mar. 31, 2021). Kasubhai granted summary judgment to the Defendants on the claims, which was affirmed by the Ninth Circuit. See 2023 WL 2783240 (9th Cir. Apr. 5, 2023). In another decision pending on appeal, Kasubhai granted summary judgment in favor of a union, finding that its withdrawal of union fees from the plaintiff did not violate the First Amendment because it was not a state actor. See Cram v. Local 503 SEIU, 590 F. Supp. 3d 1330 (D. Or. 2022).

Political Activity

Kasubhai has a handful of political donations to his name, all to Democratic candidates.

Writings and Statements

Kasubhai has written and spoken frequently on the law, particularly in favor of greater diversity both on the bench in the legal community, with some of his expressed views being raised in criticism at his confirmation hearing. See also The Honorable Mustafa Kasubhai, Old Oregon, Autumn 2009 (available at https://scholarsbank.uoregon.edu/xmlui/bitstream/handle/1794/10018/OQ_Autumn09.pdf). However, Kasubhai’s writings extend back to his law student days, when he authored an article critical of state rape laws that required showings of force in order to criminalize rape, arguing that the laws should be based around consent (or lack thereof) demonstrated by the victim. See Mustafa T. Kasubhai, Destabilizing Power in Rape: Why Consent Theory in Rape Law is Turned On Its Head, 11 Wis. Women’s L.J. 37 (1996-1997) (available at https://api.law.wisc.edu/repository-pdf/uwlaw-library-repository-omekav3/original/03d50dd18ada15fb757ee7dce07c20df3c1172d1.pdf).

Overall Assessment

Reviewing Kasubhai’s judicial record reveals some contrast with the portrait painted by critics at his confirmation hearing. His rulings have largely been affirmed and do not reveal anything out of the judicial mainstream. Judge Michael Mosman, probably the most prominent conservative voice on the Oregon district court bench, has written in support of Kasubhai’s nomination. However, despite all of this, it is likely that Kasubhai’s nomination will prove controversial based on his past writings. Nonetheless, if Democrats buckled down, they likely could confirm Kasubhai in due course before Judge Aiken moved to senior status.

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Shanlyn Park – Nominee to the U.S. District Court for the District of Hawaii

State Judge Shanlyn Park, who had spent most of her career as a federal public defender in Hawaii, has been nominated to a lifetime appointment on Hawaii’s federal bench.

Background

Shanlyn Alohakeao Souza Park was born in Honolulu in 1969. She received a B.A. from the Chaminade University of Honolulu in 1991 and her J.D. from the University of Hawaii William S. Richardson School of Law in 1995. After graduating, Park clerked for U.S. Magistrate Judge Francis Yamashita and then became an Assistant Federal Public Defender with the District of Hawaii in 1997. In 2017, she left to return to private practice in Honolulu.

Since 2021, Park has served as a Circuit Court Judge for the First Circuit for the State of Hawaii.

History of the Seat

Park has been nominated for a vacancy on the U.S. District Court for the District of Hawaii. This seat will open when Judge Leslie Kobayashi moves to senior status on October 9, 2024.

Legal Experience

For the vast majority of her career, Park worked as a federal public defender in Hawaii, representing indigent defendants in both misdemeanor and felony matters in federal court. Notably, Park represented a co-defendant in a murder case, where she was able to negotiate a 30 year sentence for her client with opposing counsel Jill Otake (who later joined the federal bench under President Trump). See United States v. Jackson, Cr. No. 15-00293 SOM-KSC (D. Haw.). Notably, Park also represented Jeffrey Drye, who was charged with abusive sexual contact and sexual assault in the first degree. Drye v. United States, Civ. No. 12-00355 JMS (D. Haw.). After his conviction, Drye filed a petition alleging, among other claims, that Park provided him with ineffective assistance of counsel. See id. Specifically, Drye alleged that Park was ineffective in allowing Drye to testify at trial, in failing to file an appeal, and in her representation at sentencing. Id. Judge J. Michael Seabright rejected all three contentions. On the first, he found that, while Park advised Drye to testify, that advice “was a reasonable, strategic choice.” See id. On the second contention, Seabright noted that Drye himself had declined to file an appeal and that Park would not have been able to help him on a petition suggesting that she herself was ineffective. See id. Regarding the sentencing, Seabright noted:

“The only conclusion these facts support is that Park provided Drye extremely competent representation that resulted in Drye receiving a lower sentence than he otherwise could have received.”

From 2017 to 2021, Park worked in private practice, working on commercial litigation, including mediations and arbitration. Notably, Park represented Kaluakoi Poolside, LLC. in a commercial arbitration involving a dispute over the maintenance of common areas of a shared commercial property. See The West Molokai Association of Apartment Owners v. Kaluakoi Poolside, LLC., Case No. 16-0033-A (Dispute Prevention & Resolution Hawai’i Inc.).

Jurisprudence

In 2021, Park was appointed to the First Circuit of Hawaii by Governor David Ige. She initially worked in the Family Court Division and then in 2023 shifted to the Criminal Division. Over the course of her tenure, Park has presided over 21 jury trials, all in criminal cases.

Overall Assessment

Park’s Judiciary hearing attracted relatively little attention, and there is little reason to believe that this will change through the confirmation process. With Judge Kobayashi’s departure from active status still a year away, Park is almost certain to be confirmed well in advance of the vacancy opening.

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Micah Smith – Nominee to the U.S. District Court for the District of Hawaii

Micah Smith, a former SCOTUS clerk, and longtime federal prosecutor, would bring a star-studded resume to the federal bench.

Background

Born in Mill Hall, Pennsylvania in 1981, Micah Smith graduated summa cum laude from the Lock Haven University of Pennsylvania in 2003 and then received a J.D. magna cum laude from Harvard Law School in 2006. After graduating, Smith clerked for Judge Guido Calabresi on the U.S. Court of Appeals for the Second Circuit and then for Justice David Souter on the U.S. Supreme Court, in a clerk class that included Senator Josh Hawley, California Solicitor General Michael Mongan, and federal judge Rachel Kovner.

Smith subsequently joined the Washington D.C. Office of O’Melveny & Myers and in 2012 moved to be a federal prosecutor with the U.S. Attorney’s Office for the Southern District of New York. In 2018, he shifted to the U.S. Attorney’s Office for the District of Hawaii, where he serves as Appellate Chief.

History of the Seat

Smith has been nominated for a vacancy on the U.S. District Court for the District of Hawaii. This seat will open when Judge J. Michael Seabright moves to senior status on January 30, 2024.

Legal Experience

After his clerkships, Smith started his legal career at the D.C. Office of O’Melveny & Myers. In this role, Smith worked primarily on appellate litigation, handling a wide variety of issue areas. This included briefing at the Supreme Court, where he was part of the legal team for Antoine Jones, who successfully challenged the attachment of a GPS tracking device on his vehicle under the Fourth Amendment. See United States v. Jones, 565 U.S. 400 (2011). Smith also represented the D.C. Public Charter School Board pro bono in defending its decision to revoke the charter of a failing school. See KIMA v. D.C. Public Charter School Board, 55 A.3d 894 (D.C. Ct. App. Nov. 15, 2012).

Between 2012 and 2018, Smith worked as a federal prosecutor with the U.S. Attorney’s Office for the Southern District of New York. Smith started as a line prosecutor with the office before advancing into a supervisory role. His notable cases with the office included a jury trial resulting in the conviction for conspiring to distribute crack cocaine in the Bronx. See United States v. Muir, 710 F. App’x 510 (2d Cir. Feb. 9, 2018). Smith was also co-lead counsel alongside fellow judicial nominee Margaret Garnett in the trial leading to the conviction of a defendant charged with ordering hitmen to murder his nephew. See United States v. Ventura, 673 F. App’x 82 (2d Cir. Dec. 15, 2016).

After moving to Hawaii in 2018, Smith has worked as a federal prosecutor. Smith has handled a number of supervisory roles with the office, to include the Criminal Civil Rights Coordinator and his current role as Chief of Appeals and Legal Strategy. While with the office, Smith notably prosecuted an individual for assaulting the patron of an illegal gambling business while working as security because the patron refused to share his winnings with him. See United States v. Siatunuu, No. 19-cr-00119 (D. Haw. 2019-21) (Judge J. Michael Seabright). In this representation, Smith litigated against Assistant Federal Public Defender Shanlyn Park, who has been nominated alongside him to the Hawaii federal bench.

Overall Assessment

While he is unlikely to get the support of his co-clerk sitting on the Senate Judiciary Committee, Smith nonetheless is likely to sail to confirmation. Given his youth and stellar credentials, Smith would likely also be a strong contender for future elevation, including potentially when Judge Mark Bennett takes senior status.

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Colleen Holland – Nominee to the U.S. District Court for the Western District of New York

The 39-year-old Holland has served for the last five years as a career law clerk to Chief Judge Elizabeth Wolford on the U.S. District Court for the Western District of New York. Holland now has been nominated to join Wolford as a judge on the court.

Background

Born in 1984, Holland received a Bachelor of Arts and Bachelor of Science from the University of Rochester in 2006 and went onto earn her J.D. summa cum laude from Cornell Law School in 2010 (graduating first in her class). Holland then went into private practice, moving between Nixon Peabody LLP, LeClairRyan PC and Boylan Code LLP.

In between her private practice positions, Holland clerked for Judge Elizabeth Wolford and for Judge Michael Telesca on the U.S. District Court for the Western District of New York.

Since 2018, Holland has served as a career law clerk for Chief Judge Wolford and also as special counsel for her since 2021.

History of the Seat

Holland 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.

Legal Experience

Of the thirteen years that Holland has spent out of law school, she has spent more than half in the chambers of the Western District of New York, where she has served as a clerk and an advisor to the judges of the court, including in drafting “hundreds of judicial opinions.” However, as none of Holland’s work as a clerk bears her name, it is difficult to determine the exact nature of her work product.

Outside of her time at the Western District of New York, Holland has worked in commercial litigation in the Rochester area. Among her cases during this time, Holland represented Tumac Lumber Company in a contract dispute involving a failure to pay for delivered goods. See Tumac Lumber Inc. v. Chenango Valley Pet Foods, Inc., Civil Action No. 3:11-CV-0698 (DEP) (N.D.N.Y. May 15, 2012). Holland also filed a breach of contract suit against Coupons.com, alleging that the site was using proprietary technology that was provided to them for use in evaluating a business relationship. See Document Security Sys. Inc. v. Coupons.com, Inc., No. 11-CV-6528-CJS (W.D.N.Y. Aug. 20, 2012).

Writings

As a law student, Holland authored a note discussing the increasing diagnoses of Autism Spectrum Disorders (“ASDs”) and the legal rights implicated for those diagnosed. See Colleen D. Holland, Autism, Insurance, and the Idea: Providing a Comprehensive Legal Framework, 95 Cornell L. Rev. 1253 (2009-2010), available at https://scholarship.law.cornell.edu/cgi/viewcontent.cgi?article=3183&context=clr. In the paper, Holland advocates for a new conception of ASDs, arguing that it is important to support the “actual, expressed needs of the autistic individual.” See id. at 1282.

Overall Assessment

It is not unprecedented for career law clerks to be appointed to the federal bench (Judge Frank Volk in West Virginia is another recent example), as many of the skills they develop on the job transfer over to the position of judge. However, as much of their work as a career law clerk is behind the scenes, it is difficult to gauge a nominee’s temperament or philosophy when they have spent a significant portion of their career as a career law clerk. When combined with Holland’s youth and the fact that she has spent over 4-5 years litigating, many may criticize Holland over a lack of judicial experience. As such, perhaps more than other nominees, Holland needs to watch out for “gotcha” moments at her confirmation hearing.

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Judge Ramona Manglona – Nominee to the U.S. District Court for the Northern Mariana Islands

The Commonwealth of the Northern Mariana Islands (“CNMI”), an unincorporated territory of the United States, is served by one federal Article IV court, which means that the judges who serve on the court don’t have lifetime tenure but are instead appointed for ten year terms. As such, the court is currently serving without a senate confirmed judge since Chief Judge Ramona Villagomez Manglona’s term expired on July 28, 2021. Two years later, President Biden has renominated Manglona to serve an additional ten year term.

Background

A native of the Mariana Islands, Manglona was born in Saipan on February 26, 1967. She subsequently attended the University of California at Berkeley, graduating with a B.A. in 1990 and then worked in her family’s real estate business before receiving a J.D. in 1996 from the University of New Mexico School of Law.

After graduation, Manglona clerked for the Superior Court for the Commonwealth of the Northern Mariana Islands before joining the CNMI Attorney General’s Office in the criminal division. In 2001, Manglona shifted to the Civil Division and in 2002 was named Deputy Attorney General and later that same year became Attorney General (the first female attorney general in CNMI history).

In 2003, Manglona was named to the Northern Mariana Islands Superior Court. She held that position until 2011 when President Obama named her to succeed Judge Alex Munson on the U.S. District Court for the Northern Mariana Islands. While Manglona’s term expired in 2021, she still serves on the court pursuant to a law permitting her to hold the post until a successor is confirmed.

History of the Seat

Manglona has been reappointed to replace herself on the U.S. District Court for the Northern Mariana Islands. If confirmed, Manglona would serve an additional ten year term on the bench.

Legal Experience

Manglona has spent her entire career prior to taking the bench at the CNMI Attorney General’s Office. She has held a variety of positions with the office: the Criminal Division; the Civil Division; Deputy Attorney General; and as Attorney General. During this time, Manglona tried seven jury trials: five criminal; and two civil.

Manglona’s most notable criminal case involved the first prosecution for “shaken baby syndrome” in the Commonwealth. See Commonwealth v. Manila, Crim. No. 00-0509 (N.M.I. Super. Ct. Oct. 21, 2001). Manglona led the prosecution of the defendant who was convicted after a jury trial and sentenced to sixty years in jail. Her most notable civil jury trial was in a Section 1983 lawsuit brought against three police officers on charges of police brutality, which ended in a jury verdict for the defendants on the pending counts. See Cabrera, et al. v. CNMI Dep’t of Public Safety, et al., Civ. No. 00-0022 (D.N.M.I. Dec. 18, 2001) (Hon. Alex R. Munson).

Jurisprudence

From 2003 to 2011, Manglona served on the Northern Mariana Islands Superior Court, a court of general jurisdiction that hears both civil and criminal cases. Manglona was also retained in a 2007 election to a full six year term. Through her tenure, Manglona presided over approximately 150 cases. Among her notable cases, Manglona presided over a request by Kazuyoshi Miura (a business whose case was dubbed the “O.J. Simpson case of Japan”) who was challenging an arrest warrant and extradition order to California for trial for the murder of his wife in Los Angeles. See In re Extradition Matter of Kazuyoshi Miura, Crim. No. 08-0030C (N.M.I. Super. Ct. Sept. 15 2008). Manglona denied Miura’s motion for a writ of habeas corpus and authorized his extradition to California.

As part of her role, Manglona also sat as Justice Pro Tem on the Guam Supreme Court and as a Judge Pro Tem on the Guam Superior Court.

Since 2011, Manglona has served as the Chief Judge of the U.S. District Court for the Northern Mariana Islands. Of her notable decisions in that court, Manglona held that a limitation issued by the Commonwealth limiting voting in certain elections to individuals of “Northern Marianas descent” constituted a race-based restriction in violation of the Fifteenth Amendment. See Davis v. Commonwealth Election Comm’n, 844 F.3d 1087 (9th Cir. 2016). This decision was affirmed by the Ninth Circuit. See id. In another notable decision, Manglona held that a challenge by environmental groups to the relocation of training ranges onto Guam was barred by the “political question” doctrine. See Tinian Women Ass’n v. United States Dep’t of Navy, 976 F.3d 832 (9th Cir. 2020). The Ninth Circuit affirmed the dismissal, but held that it should be for lack of standing, finding that the relocation was based on a treaty with Japan, which rendered the claims non-redressable. See id. at 834.

Overall Assessment

In 2011, Manglona was unanimously confirmed by the Senate to serve on the federal bench on the Northern Mariana Islands. Her record reflects little that should change that assessment. While judicial confirmation is significantly more partisan today than it was even a decade ago, a failure to confirm Manglona would not keep her off the bench as she could continue to serve until a successor was confirmed. As such, it is likely that, while Manglona will likely attract more opposition today than she did in 2011, she will likely be confirmed in due course.

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Rich Federico – Nominee to the U.S. Court of Appeals for the Tenth Circuit

The Kansas-based vacancy on the Tenth Circuit vacated by Judge Mary Briscoe in March 2021 is the oldest pending appellate vacancy on the federal judiciary. After the withdrawal of initial nominee Jabari Wamble, the White House is hoping for better luck with federal public defender Rich Federico.

Background

Richard E.N. Federico got a B.A.J. from Indiana University in 1999 and a J.D. from the University of Kansas School of Law in 2002. After graduating, Federico joined the U.S. Navy Judge Advocate Corps as a naval prosecutor, and shifted to being a defense counsel in 2008. In 2015, Federico became appellate defense counsel, while also serving as an Assistant Federal Public Counsel for the District of Oregon.

Since 2017, Federico has served at the Federal Public Defender’s Office for the District of Kansas, serving as Senior Litigator since 2020.

History of the Seat

Federico was tapped for a Kansas seat on the U.S. Court of Appeals for the Tenth Circuit. The seat was vacated by Judge Mary Briscoe’s move to senior status on March 15, 2021. The White House previously nominated federal prosecutor Jabari Wamble to fill the vacancy, and it preliminarily seemed that Wamble had a smooth path to confirmation. However, Wamble’s nomination was subsequently shifted to the U.S. District Court and then, in anticipation of a bad A.B.A. review, Wamble withdrew his nomination entirely.

Legal Career

Federico started his legal career as a naval prosecutor in the J.A.G. Corps, before switching to become a naval defense counsel in 2008. In the latter role, Federico served as defense counsel in the Office of Military Commissions, representing Guantanamo Bay detainees in trials before military tribunals for war crimes. See Lieutenant Commander Rich Federico, The Unusual Punishment: A Call For Congress to Abolish the Death Penalty Under the Uniform Code of Military Justice for Unique Military, Non-Homicide Offenses, 18 Berkeley J. Crim. L. 1 (2013).

Since 2017, Federico has served as a federal public defender for the U.S. Public Defender’s Office for the District of Kansas. Notably, Federico represented Tyler Bariss, a Kansas man sentenced to 20 years in prison for a “swatting” attack that led to the death of Andrew Finch. See Steve Almasy and Melissa Alonzo, His ‘Swatting’ Call Led to the Death of a Man. Now He is Going to Prison for 20 Years, CNN.com, Mar. 30, 2019, https://www.cnn.com/2019/03/29/us/swatting-suspect-20-year-sentence/index.html. Bariss plead guilty with both parties arguing sentence, with prosecutors requesting 25 years, while Federico requested 20. See id. Judge Eric Melgren went with the defense request, which was still well above the sentencing guidelines, which recommended 10 years. See California Man Behind ‘Swatting’ Call That Led to Fatal Shooting Gets 20 Years, CBS.com, Mar. 30, 2019, https://www.cbsnews.com/texas/news/california-man-swatting-call-fatal-shooting-gets-20-years/.

Political Activity

Federico has only two political donations to his name, one in 2020 to Democratic Presidential candidate Amy Klobachar, and one in 2022 to Republican Attorney General candidate Tony Mattivi.

Statements and Writings

In 2013, Federico authored a notable paper urging for the limited abolition of the death penalty under the Uniform Code of Military Justice, arguing to limit the penalty to homicide crimes. See Lieutenant Commander Rich Federico, The Unusual Punishment: A Call For Congress to Abolish the Death Penalty Under the Uniform Code of Military Justice for Unique Military, Non-Homicide Offenses, 18 Berkeley J. Crim. L. 1 (2013). Federico’s paper outlines the history of executions in military justice, and has been cited by the D.C. Circuit. See Jackson v. Modly, 949 F.3d 763, 771 n.6 (D.C. Cir. 2020).

In 2015, Federico testified as a witness before the Judicial Proceedings Subcommittee of the U.S. Department of Defense Judicial Proceedings Panel. Among the issues the panel was focused on was the rewriting of sexual assault statutes in order to make them more workable. In his testimony, Federico urged the definition of the term “incapable of consenting” in the statute as it relates to impairment from substances such as alcohol. Testimony starts at P. 253 line 15 (https://texasdefenselawyers.com/wp-content/uploads/2019/05/Transcript-2-1.pdf).

Overall Assessment

After the failure of the Wamble nomination, Federico has at least received a warm reception from his home state senators. Despite having served in court-appointed defense for the past fifteen years, Federico’s military background as well as his support of Mattivi should insulate him from claims that he is strongly left-wing.

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