Justice At Stake: The Future of Wisconsin's Judicial Vacancies

By Kyle Maichle, Editor of Wisconsin Election Watch,

MILWAUKEE - Wisconsin currently has two federal trial courts and a seat at the Chicago-based Seventh Circuit Court of Appeals.  However, there are three vacancies that are affecting the operations of these federal courts.  Wisconsin Election Watch highlights on the status of vacancies to be filled in the Western District and Eastern District of Wisconsin federal courts along with the Seventh Circuit Appeals Court.

Western District of Wisconsin

The Western District of Wisconsin currently has one vacancy for a judgeship vacated by the late John Shabaz who was nominated during the Reagan Administration.   Shabaz took Senior Status in 2009 after being first nominated in 1981.  The issue of who should succeed Judge Shabaz has been a very divided issued over the past few years.  On November 7, 2013, President Obama nominated James C. Peterson to the Western District of Wisconsin federal court and was recommended to be considered to the Senate Judiciary Committee the following day.  Beth Levine, Press Secretary for Ranking Member Chuck Grassley (R-Iowa) on the Senate Judiciary Committee, told Wisconsin Election Watch that Peterson’s materials are currently being reviewed and that a hearing to consider Mr. Peterson’s nomination would be held in the beginning of 2014.  According to Melinda Schnell, Press Secretary for US Senator Ron Johnson (R-Wisconsin), she said that the Western District of Wisconsin was their first priority in filling a nomination due to what she called a “judicial emergency.”

Eastern District of Wisconsin

The Eastern District of Wisconsin federal court currently has one vacant seat that is yet to be filled due to a judge electing to take senior status.  Judge Charles Clevert, who was nominated to the court by President Bill Clinton in 1995 and was confirmed in 1996.  After over a decade and a half on the federal bench, he elected to take Senior Status on October 31, 2012.  Judge Clevert has earned the distinction of being the only African-American federal judge to ever serve a federal court in the State of Wisconsin.  Melinda Schnell, Press Secretary for Senator Johnson, said: “Now that we have completed that process (for the Western District)  we have officially begun the application process for the Eastern District. “  The application deadline for Eastern District judicial applicants is on December 11th.  Wisconsin Election Watch contacted Lisa Roys, Spokeswoman for the Wisconsin Federal Judicial Nominating Commission on what timeline they have for recommending nominees.  She did not respond to our requests for comment at the time of publication.

Seventh Circuit Court of Appeals

Despite the Seventh Circuit Court of Appeals is based in Chicago, the State of Wisconsin has representation on the federal appeals court serving Illinois, Indiana, and Wisconsin.  Currently, Wisconsin is represented on the court by Diane Sykes who was nominated by President George W. Bush in 2005 along with Richard D. Cudahy who currently serves on senior status and was nominated to the bench by President Jimmy Carter in 1979.  Since 2011, there has been no successor named to the judgeship held by Terence D. Evans who was from Milwaukee.  Judge Evans was nominated to the Seventh Circuit in 1995 by President Clinton before taking senior status in 2010.  Nearly one year after taking senior status, Judge Evans died at age 71 from a severe lung illness. Melinda Schnell, Press Secretary for US Senator Ron Johnson (R-Wisconsin), told Wisconsin Election Watch that they will plan to fill the judgeship vacated by Judge Evans’s untimely death after they fill the vacancy for the Eastern District of Wisconsin.  She said: “Once that position is filled, it is very likely that we will move on to the 7th Circuit.”

Wisconsin Election Watch also contacted Leah Hunter, Press Secretary for US Senator Tammy Baldwin (D-Wisconsin), for comment.  She did not respond to our requests for comment.

Editors Note-Our Article can be found at: http://wisconsinelectionwatch.com/12392/justice-stake-status-wisconsins-federal-judicial-vacancies/