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.