Western District of New York

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 CommentsLeave a comment

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.

372 CommentsLeave a comment

John Sinatra – Nominee for the U.S. District Court for the Western District of New York

No woman has ever served as a federal judge in Buffalo.  In fact, the entire Western District of New York got its first and only female judge in 2013, when Judge Elizabeth Wolford was appointed to a Rochester-based seat.  The Buffalo-based vacancy on the court, which is the oldest judicial vacancy in New York, saw a tussle over two female candidates during the Obama Administration.  Now, the Trump Administration has put forward a male attorney for the position: John Sinatra.

Background

A Buffalo native, John Sinatra was born there in 1972.  He received a Bachelor of Arts magna cum laude from the State University of New York at Buffalo in 1993 and went on to earn his J.D. from the State University of New York at Buffalo Law School in 1996.[1]  Sinatra then clerked on the New York Court of Appeals (despite its name, New York’s top court) for two years, and then joined the Cleveland office of Jones Day.[2]

In 2007, Sinatra joined the U.S. Department of Commerce in Washington D.C. as a Senior Counsel.  He left a year later to become a Partner at Hodgson Russ, LLP. in Buffalo.  He continues to work there to this day.

Sinatra has periodically applied, unsuccessfully, for state and federal judgeships.  In 2012 and 2013, Sinatra applied to be on the New York Court of Appeals but was not selected.[3]  Sinatra also applied to be a U.S. Magistrate Judge on the Western District in 2015 but Michael Roemer was selected instead.[4]

History of the Seat

Sinatra has been nominated to a seat on the U.S. District Court for the Western District of New York.  This seat opened on March 8, 2015, when Judge William Skretny moved to senior status.  Skretny had actually announced his move to senior status in early 2014, and Sen. Chuck Schumer (D-NY) recommended former U.S. Attorney Denise O’Donnell for the seat.[5]  However, the Obama Administration never nominated O’Donnell.  Many observers speculated that the White House was concerned with O’Donnell’s age (67) and political history.[6]  Facing no action from the Administration, O’Donnell withdrew her candidacy in October 2015.[7]

Determined to seat a female candidate in the Buffalo-based judgeship, Schumer recommended Kathleen Sweet, a civil litigator.  This time, the Obama Administration concurred, nominating Sweet on March 15, 2016.[8]  Sweet received a hearing from the Republican-controlled Senate Judiciary Committee in June 2016, and was voted out unanimously on September 5, 2016.  However, Sweet was blocked from a floor vote by Senate Majority Leader Mitch McConnell, ultimately being returned unconfirmed at the end of the 114th Congress.

After the election of Donald Trump in 2016, Schumer pushed the Administration to renominate Sweet.[9]  However, the Administration interviewed Sinatra, who was proposed by Congressman Chris Collins (R-NY), in early 2017.[10]  After the White House firmly declined to renominate Sweet, Schumer accepted Sinatra’s nomination as part of a package of eight New York judicial nominees.[11]  Sinatra was formally nominated on May 15, 2018.

Legal Experience

Sinatra began his legal career as an associate at Jones Day, a firm that has produced many Trump judicial nominees.  Working in their Cleveland office, Sinatra primarily practiced civil litigation.  For example, Sinatra represented the manufacturer of welding electrodes used in building construction.[12]  The manufacturer was sued after the 1994 Northridge earthquake allegedly damaged a building structure, and Sinatra helped manage the manufacturer’s defense.

After a year at the Department of Commerce, Sinatra became a Partner at Hodgson Russ LLP in Buffalo.  At Hodgson, Sinatra has primarily focused on bringing qui tam cases under the False Claims Act, a federal statute allowing private citizens to sue to recover money fraudulently obtained from the government.  Sinatra notably sued DHL Express, Inc., a shipping company, for improperly charging fuel surcharges to the federal government.[13]  The qui tam suit, defended by attorney Lawrence Vilardo (who was later appointed to the Western District by President Obama), was ultimately unsuccessful.[14]  Sinatra also brought a False Claims Act suit against Columbia University for the alleged defrauding related to federal grants for studying HIV.[15]

Political Activity

Sinatra, a Republican, has a fairly limited political record.  Sinatra has four donations of record, two to then-Sen. Mike DeWine (R-OH), one to Mitt Romney in 2012, and one to Collins.[16]  Sinatra has also contributed to national Republicans, giving to the presidential campaigns of Mitt Romney and John Kasich, as well as to the Republican National Committee.[17]  Additionally, Sinatra volunteered for the campaign of Republican Rep. Tom Reynolds in 2006.[18]

Overall Assessment

Sinatra has one of the most powerful assets he will need for a smooth confirmation, the support of Schumer and fellow New York Democrat Kirsten Gillibrand.  With Schumer serving as leader of the Senate Democratic Caucus and Gillibrand a likely presidential contender in 2020, Democrats are unlikely to undercut either one by opposing a nominee they endorse.  As such, as long as Sinatra continues to maintain support by both senators, he is likely to see a comfortable confirmation.

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

[2] Id. at 2.

[3] Id. at 13.

[4] Id.

[5] Phil Fairbanks and Jerry Zremski, Denise O’Donnell Nominated for Federal Bench, Buffalo News, June 25, 2014, https://buffalonews.com/2014/06/25/denise-odonnell-nominated-for-federal-bench/.   

[6] Jerry Zremski, How Schumer Tried and Failed to Get a Woman on Buffalo’s Bench, Buffalo News, May 14, 2018, https://buffalonews.com/2018/05/14/the-briefing-how-schumer-tried-and-failed-to-get-a-woman-judge-on-buffalos-bench/.  

[7] Jerry Zremski, Vilardo Confirmed as Federal Judge as O’Donnell Bows Out, Buffalo News, Oct. 26, 2015, https://buffalonews.com/2015/10/26/vilardo-confirmed-as-federal-judge-as-odonnell-bows-out/.  

[8] See Zremski, supra n. 4.

[9] Jerry Zremski, Schumer: White House Insisted on Sinatra, Not Sweet, As Federal Judge, Buffalo News, May 10, 2018, https://buffalonews.com/2018/05/10/schumer-white-house-insisted-that-sinatra-not-sweet-be-federal-judge/.  

[10] See Sinatra, supra n. 1 at 27.

[11] See Zremski, supra n 7.

[12] See Westside Assocs, Ltd. v. Lincoln Electric Co., No. SC 045651 (Los Angeles Cnty. Super. Ct. 2000) (Judge Edward Kakita).

[13] See U.S. ex rel. Grupp v. DHL Express (USA), Inc., 47 F. Supp. 3d 171 (W.D.N.Y. 2014) (Judge John Curtin), aff’d, 604 F. App’x 40 (2d Cir. 2015).

[14] See id.

[15] See U.S. ex rel. Love v. Trustees of Columbia Univ. in the City of New York, No. 11-cv-4353 (S.D.N.Y.) (Judge Lorna Schofield).

[17] See id.

[18] See Sinatra, supra n. 1 at 13.

0 CommentsLeave a comment