CHICAGO – All judicial evaluators of the American Bar Association found circuit judges Stephen McGlynn and David Dugan well qualified for service as U. S. judges
for the Southern District of Illinois.
President Trump nominated McGlynn and Dugan in February to replace Michael Reagan and David Herndon, who both retired last year.
McGlynn has presided in St. Clair County circuit court since 2014, and Dugan has presided in Madison County circuit court since 2017.
Evaluators don’t easily reach complete agreement that a nominee is well qualified.
Among 122 nominees in the current Congressional session, they have rated 62 as well qualified without dissent.
They have dropped other nominees down the ladder rung by rung.
In 26 cases a majority rated a nominee as well qualified and a minority assigned the modest rating of qualified. In 12 cases a majority rated a nominee as qualified and a minority rated the nominee as well qualified.
In five cases a majority rated a nominee as qualified and a minority rated the nominee as not qualified.
Two nominees failed to qualify.
A majority found Justin Walker of Western Kentucky not qualified, and they posted a statement that he had great potential but lacked requisite experience.
All evaluators found Sarah Pitlyk of Eastern Missouri not qualified, and they posted a statement finding a substantial gap in her experience.
Senators nevertheless confirmed Walker by 50 to 41, and Pitlyk by 49 to 44.
Trump nominated Walker for judge of the District of Columbia this April 3.
Two nominees that no evaluator found well qualified fared better in the Senate.
All evaluators rated Frank Volk of Southern West Virginia as qualified, yet Senators confirmed him by 92 to zero.
All evaluators rated Martha Pacold of Northern Illinois as qualified, yet Senators confirmed her by 87 to 3.
Just as a sour result at the Bar doesn’t necessarily prevent confirmation, the Bar’s highest rating doesn’t guarantee confirmation.
Evaluators rated Diane Gujarati of Eastern New York as well qualified, but her nomination remains pending after 23 months.
They rated Stanley Blumenfeld and Mark Scarsi of Central California as well qualified, but those nominations remain pending after 17 months.
They rated Michael Bogren of Western Michigan, Thomas Marcelle of Northern New York, and Kevin Sweazea of New Mexico as well qualified, but all three stirred Senate controversies and withdrew.
Among 23 appellate court nominees, those who achieved unanimous ratings as well qualified fared better in the Senate than the rest.
Ten nominees that all evaluators rated as well qualified gained confirmation by an average of 64 to 31.
Senators confirmed 12 nominees with lower ratings by an average of 53 to 43.
Senators returned the nomination of Halil Ozerden for the Fifth Circuit to President Trump, though a majority of evaluators rated him as well qualified.
Ninth Circuit nominee Lawrence VanDyke failed to convince a majority he was qualified, but the majority went overboard about it.
Their statement quoted sources who found him “arrogant, lazy, an ideologue, and lacking in knowledge of the day to day practice including procedural rules.”
Credibility of the evaluation suffered when news organizations reported that lead evaluator Marcia Davenport gave $150 to VanDyke’s opponent in a race for Montana Supreme Court in 2014.
Senate leaders advanced VanDyke ahead of many who had waited longer, and Senators confirmed him by 51 to 44 in December.