U.S. Senate should quickly fill judicial vacancies in Northern District of Texas
On March 5, President Barack Obama nominated Judge Scott Frost, James Wesley Hendrix and Judge Irma Carrillo Ramirez for judicial vacancies in the Northern District of Texas, which includes 100 counties from the Panhandle to Dallas and Fort Worth.
Frost and Ramirez have served as U.S. magistrate judges in the Northern District, while Hendrix has served as an assistant U.S. attorney in the district.
All three are highly qualified, mainstream nominees who enjoy the strong support of Texas Republican Sens. John Cornyn and Ted Cruz.
The Senate Judiciary Committee convened a Sept. 7 hearing for the nominees. Still, the nominations have languished since then, primarily because GOP leaders refused to grant them a panel vote or a final debate and ballot.
Because both judges and Hendrix are experienced, moderate nominees and the Northern District of Texas requires all of its vacancies filled, the panel must swiftly approve them and the Senate must accord them confirmation debates and votes.
The district presently has four openings in 12 active judgeships. Thus, the court lacks 33 percent of its active judicial cohort, which complicates endeavors to promptly, economically and fairly decide cases.
Because the Speedy Trial Act accords criminal prosecutions precedence, litigants in civil cases encounter problems securing trial dates and concluding their lawsuits.
Resolving litigation without one-third of the judgeships authorized correspondingly places increased pressure on the court’s current judges.
Indeed, all Northern District vacancies are “judicial emergencies,” because the court’s judges manage caseloads that are 50 percent higher than the national average.
The president nominated Frost, Hendrix and Ramirez eight months ago.
Obama lauded all three, saying that “throughout their careers, these nominees have displayed unwavering commitment to justice and integrity.”
The White House press release remarked that Frost and Ramirez had served as magistrate judges and before that as assistant U.S. attorneys, while Hendrix has served as an assistant U.S. attorney since 2007.
At the Sept. 7 Judiciary Committee hearing, the Texas senators introduced the nominees, praised their exceptional qualifications and urged prompt Senate confirmation.
That hearing progressed well, and the members who posed questions appeared satisfied with the nominees’ answers.
Cornyn chaired the hearing and expressed hope that the Senate could promptly confirm all three.
Yet senators recessed to campaign in late September. The panel could have approved the nominees on many days that month but did not hold a meeting.
Since September, the nominees have been waiting for a committee ballot and a final vote.
GOP leaders have argued that Republicans are returning the Senate to “regular order.”
However, these nominees and 20 other well-qualified, centrist nominees have waited months for floor ballots.
Senators have requested prompt votes on them, yet Mitch McConnell, R-Ky., the majority leader, has not set those votes.
Democratic senators have pursued unanimous consent to vote on the district nominees who need final ballots, but other members have objected.
If the GOP follows regular order, the Texas nominees will have quick committee votes soon, and they and the other 20 nominees will apparently have floor votes before the Senate adjourns.
It is past time for senators to vote on the Northern District of Texas nominees. They are capable moderates whom both Texas senators support.
The district must have all of its active judges to promptly, economically and fairly resolve cases.
The district’s judiciary as well as individuals and businesses litigating in federal court deserve a full bench, while the nominees merit a final vote.
Thus, the panel must approve them and the Senate must conduct their floor debates and vote before it adjourns.
Carl Tobias is the Williams Chair in Law at the University of Richmond.
This story was originally published December 5, 2016 at 5:24 PM with the headline "U.S. Senate should quickly fill judicial vacancies in Northern District of Texas."