cawacko
Well-known member
This is an interesting turn of events.
ABA Says Justin Walker Is ‘Well Qualified’ for DC Circuit, After Finding Him ‘Not Qualified’ for District Court
The ABA’s standing committee on the federal judiciary said Walker "possesses a keen intellect, and his writing ability is exemplary."
The American Bar Association has found U.S. District Judge Justin Walker is “well qualified” for a seat on the U.S. Court of Appeals for the D.C. Circuit, after previously determining he is “not qualified” for his district court judgeship.
Walker, a former clerk for then-Judge Brett Kavanaugh on the D.C. Circuit, received the poorer rating last year for the Western District of Kentucky judgeship over his lack of trial experience. But on Tuesday, the majority of the ABA’s standing committee on the federal judiciary said its rating of Walker has changed because its “consideration for court of appeals nominations is focused differently.”
Citing its rules on how it considers appellate court nominees—which places a higher emphasis on writing and less so on trial experience—the committee said they believe Walker “possesses a keen intellect, and his writing ability is exemplary.”
Tuesday’s letter said while federal judicial nominees “ordinarily should have at least 12 years’ experience in the practice of law, a majority of the Standing Committee concluded that Judge Walker’s varied accomplishments as a law clerk, law professor, and now as a district judge offset concerns about his years of practicing law.”
The committee also said Walker has “significant appellate experience,” due to his clerkships with the D.C. Circuit and the U.S. Supreme Court. And they cited Walker’s time so far as a federal trial judge as helping to build upon his prior resume.
The letter said a minority of the committee believes Walker is “qualified,” and another minority finds him to be “not qualified.” However, the “well qualified” rank is the one officially given by the committee to the Senate Judiciary Committee.
Walker is set to appear before the Senate Judiciary Committee on Wednesday for his nomination hearing.
The rating is a dramatic shift from the ABA’s previous rating of Walker. In a letter sent to the Senate Judiciary Committee in July 2019, the standing committee also cited the general guidelines that judicial nominees should have 12 years experiencing practicing law, but said that hurdle can be overcome “with substantial trial or courtroom experience and/or compensating accomplishments in the field of law.”
“However, Mr. Walker’s experience to date has a very substantial gap, namely the absence of any significant trial experience. Mr. Walker has never tried a case as lead or co-counsel, whether civil or criminal,” the committee’s letter at the time stated.
Walker defended his credentials during his nomination hearing last year, and the Senate confirmed him to the federal bench 50-41.
The upgraded rating is sure to be a significant boon for Senate Republicans pushing Walker’s nomination, even after GOP members of the Senate Judiciary Committee criticized the ABA for handing down “not qualified” ratings to several of President Donald Trump’s judicial nominees.
Walker has faced widespread criticism from Democrats, frequently citing his past ABA rating, as well as his record on health care and defense of Kavanaugh over sexual assault allegations the justice faced during his confirmation process in 2018.
Liberal groups have also attacked Senate Majority Leader Mitch McConnell for pushing forward with Walker’s nomination in the first place, arguing judicial nominees should not be prioritized during the COVID-19 pandemic.
Walker’s nomination hearing Wednesday will be held in a larger room than normal due to the pandemic, and senators will also have the option to appear virtually or submit questions in writing.
https://www.law.com/nationallawjour...finding-him-not-qualified-for-district-court/
ABA Says Justin Walker Is ‘Well Qualified’ for DC Circuit, After Finding Him ‘Not Qualified’ for District Court
The ABA’s standing committee on the federal judiciary said Walker "possesses a keen intellect, and his writing ability is exemplary."
The American Bar Association has found U.S. District Judge Justin Walker is “well qualified” for a seat on the U.S. Court of Appeals for the D.C. Circuit, after previously determining he is “not qualified” for his district court judgeship.
Walker, a former clerk for then-Judge Brett Kavanaugh on the D.C. Circuit, received the poorer rating last year for the Western District of Kentucky judgeship over his lack of trial experience. But on Tuesday, the majority of the ABA’s standing committee on the federal judiciary said its rating of Walker has changed because its “consideration for court of appeals nominations is focused differently.”
Citing its rules on how it considers appellate court nominees—which places a higher emphasis on writing and less so on trial experience—the committee said they believe Walker “possesses a keen intellect, and his writing ability is exemplary.”
Tuesday’s letter said while federal judicial nominees “ordinarily should have at least 12 years’ experience in the practice of law, a majority of the Standing Committee concluded that Judge Walker’s varied accomplishments as a law clerk, law professor, and now as a district judge offset concerns about his years of practicing law.”
The committee also said Walker has “significant appellate experience,” due to his clerkships with the D.C. Circuit and the U.S. Supreme Court. And they cited Walker’s time so far as a federal trial judge as helping to build upon his prior resume.
The letter said a minority of the committee believes Walker is “qualified,” and another minority finds him to be “not qualified.” However, the “well qualified” rank is the one officially given by the committee to the Senate Judiciary Committee.
Walker is set to appear before the Senate Judiciary Committee on Wednesday for his nomination hearing.
The rating is a dramatic shift from the ABA’s previous rating of Walker. In a letter sent to the Senate Judiciary Committee in July 2019, the standing committee also cited the general guidelines that judicial nominees should have 12 years experiencing practicing law, but said that hurdle can be overcome “with substantial trial or courtroom experience and/or compensating accomplishments in the field of law.”
“However, Mr. Walker’s experience to date has a very substantial gap, namely the absence of any significant trial experience. Mr. Walker has never tried a case as lead or co-counsel, whether civil or criminal,” the committee’s letter at the time stated.
Walker defended his credentials during his nomination hearing last year, and the Senate confirmed him to the federal bench 50-41.
The upgraded rating is sure to be a significant boon for Senate Republicans pushing Walker’s nomination, even after GOP members of the Senate Judiciary Committee criticized the ABA for handing down “not qualified” ratings to several of President Donald Trump’s judicial nominees.
Walker has faced widespread criticism from Democrats, frequently citing his past ABA rating, as well as his record on health care and defense of Kavanaugh over sexual assault allegations the justice faced during his confirmation process in 2018.
Liberal groups have also attacked Senate Majority Leader Mitch McConnell for pushing forward with Walker’s nomination in the first place, arguing judicial nominees should not be prioritized during the COVID-19 pandemic.
Walker’s nomination hearing Wednesday will be held in a larger room than normal due to the pandemic, and senators will also have the option to appear virtually or submit questions in writing.
https://www.law.com/nationallawjour...finding-him-not-qualified-for-district-court/