San Diego Union-Tribune

FOUR SAN DIEGO FEDERAL JUDGE NOMINATION­S EXPIRE

- BY KRISTINA DAVIS kristina.davis@sduniontri­bune.com

Four nomination­s to the San Diego federal bench have expired with the adjournmen­t of the 116th Congress, making it unlikely that the cour t will f ill all four of its judicial vacancies any time soon.

By Sunday, the last day of session, the Senate hadn’t taken action one way or another on a total of 24 pending judicial nominees and sent them back to President Donald Trump. While the president has the option of re-nominating them, it is questionab­le how many more could be confirmed by the newly convened Senate in the 15 days before a new presidenti­al administra­tion takes over.

Come Jan. 20, Presidente­lect Joe Biden can start acting on his own vision for the federal bench. And it may or may not include any of Trump’s holdover selections.

Potential judges must first be nominated by the White House — traditiona­lly, but not always, with vetting help f rom home state senators. Nominees must first appear in a hearing before the Senate Judiciary Committee, whose members then vote on whether to send the person to the full Senate for a confirmati­on vote. If confirmed with a majority vote, federal judges serve lifetime appointmen­ts.

Biden’s ability to shape the courts will depend in part on the outcome of the Senate runoff election under way in Georgia, with two seats that could shift the balance of power.

Filling courts with Republican nominees has been one of the overriding goals of Trump’s singleterm presidency. Aided by a Republican-majority Senate, 234 Trump nominees so far have been confirmed, including three Supreme Court justices. President Barack Obama served twice as long and appointed 329 total, which can be partly explained by the Republican-controlled 2015-16 Senate refusing to consider many of his nominees, giving Trump the opportunit­y to later fill many of those vacancies.

Locally, two judicial appointmen­ts have been confirmed thus far: Patrick Bumatay for the 9th U.S. District Court of Appeals, and Todd Robinson for the Southern District of California, which covers both San Diego and Imperial counties. Both men were federal prosecutor­s.

The four remaining picks for San Diego were nominated by the White House in February. Only one, Shireen Matthews — a former federal prosecutor, now a partner at the prestigiou­s law firm Jones Day — has appeared before the Senate Judiciary Committee. She was cleared for Senate considerat­ion in July but was never voted on.

A vote could, in theory, still happen if Matthews is renominate­d before the inaugurati­on.

That likelihood is much slimmer for the other three — federal prosecutor­s Adam Braverman and Michelle Pettit and defense attorney Knut Johnson — whose Judiciary Committee hearings were never scheduled.

The four nominees were chosen to replace district judges who over the past few years have gone on senior status, a semi-retired role that allows them to take on a lighter caseload. They are U.S. District Judges Roger Benitez, Michael Anello, John Houston and Barry Ted Moskowitz.

None of the four nominees are considered controvers­ial picks, and the Biden administra­tion could choose to consider any or all of them.

Following the election in November, Sen. Dianne Feinstein, D-Calif., the Judiciary Committee’s ranking member, had asked committee Chairman Lindsey Graham, R-S.C., in a letter to heed tradition and halt nomination hearings during the lame-duck congressio­nal period “to allow the Biden-Harris Administra­tion the opportunit­y to appoint judges after Inaugurati­on Day.”

Graham did not oblige and the committee continued with hearings.

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