David Novak (Virginia)

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David J. Novak

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Nonpartisan

United States District Court for the Eastern District of Virginia
Tenure

2019 - Present

Years in position

5

Prior offices
United States District Court for the Eastern District of Virginia
Elections and appointments
Appointed

2012

Education

Bachelor's

St. Vincent College, 1983

Law

Villanova University, 1986


David J. Novak is an Article III judge on the United States District Court for the Eastern District of Virginia. On March 26, 2019, President Donald Trump (R) nominated Novak to a seat on this court. The United States Senate confirmed Novak October 16, 2019, by a vote of 89-3.[1] He received commission on October 17, 2019. To see a full list of judges appointed by Donald Trump, click here.

The United States District Court for the Eastern District of Virginia is one of 94 U.S. district courts. They are the general trial courts of the United States federal courts. To learn more about the court, click here.

Novak was a federal magistrate judge for the United States District Court for the Eastern District of Virginia from 2012 to 2019.

Judicial nominations and appointments

United States District Court for the Eastern District of Virginia (2019-present)

See also: Federal judges nominated by Donald Trump

On March 26, 2019, President Donald Trump (R) nominated Novak to a seat on the United States District Court for the Eastern District of Virginia. He was confirmed by an 89-3 vote of the U.S. Senate on October 16, 2019.[1] To read more about the federal nominations process, click here.

Nomination Tracker
Fedbadgesmall.png
Nominee Information
Name: David J. Novak
Court: United States District Court for the Eastern District of Virginia
Progress
Confirmed 204 days after nomination.
ApprovedANominated: March 26, 2019
ApprovedAABA Rating: Substantial majority well qualified/Minority qualified
Questionnaire: Questionnaire
ApprovedAHearing: April 30, 2019
QFRs: QFRs (Hover over QFRs to read more)
ApprovedAReported: June 13, 2019 
ApprovedAConfirmed: October 16, 2019
ApprovedAVote: 89-3

Confirmation vote

The U.S. Senate confirmed Novak on October 16, 2019, on a vote of 89-3.[1] To see a full breakdown of the vote on the official U.S. Senate website, click here.

Novak confirmation vote (October 16, 2019)
Party Yea Nay No vote
Electiondot.png Democratic 37 3 5
Ends.png Republican 51 0 2
Grey.png Independent 1 0 1
Total 89 3 8
Change in Senate rules
See also:
Filibuster and reconciliation in the United States Congress
Federal judges nominated by Donald Trump
United States federal courts

Novak was confirmed to a U.S. District Court under a new precedent the Senate established.

On April 3, 2019, the U.S. Senate voted 51-48 in favor of a change to chamber precedent lowering the maximum time allowed for debate on executive nominees to posts below the Cabinet level and on nominees to district court judgeships from 30 hours after invoking cloture to two.[2]

The change was passed under a procedure, often referred to as the nuclear option, that requires 51 votes rather than 60.[3]

It was the third use of the nuclear option in Senate history. In 2013, it was used to eliminate the 60-vote threshold to confirm presidential nominees, except those to the Supreme Court. In 2017, it was used to eliminate the 60-vote threshold required to confirm Supreme Court nominees.[4] For more, see Filibuster and reconciliation in the United States Congress.


Senate Judiciary Committee hearing

The Senate Judiciary Committee held hearings on Novak's nomination on April 30, 2019.[5] The committee voted 19-3 on June 13, 2019, to advance his nomination to the full Senate.[6]

Nomination

On March 15, 2019, President Donald Trump (R) announced his intent to nominate Novak as a federal judge to the United States District Court for the Eastern District of Virginia.[7] The U.S. Senate received Novak's nomination on March 26, 2019.[1]

Novak was nominated to succeed Judge Henry Hudson, who assumed senior status on June 1, 2018. Sens. Tim Kaine (D) and Mark Warner (D) of Virginia recommended Novak to fill the vacancy. They said of the nomination, "We are pleased that the president has nominated Judge Novak to fill the vacancy. Based on Mr. Novak’s distinguished record, we are confident he would serve capably on the bench. We hope our colleagues will join us to support this well-qualified nominee."[8]

The American Bar Association rated Novak well qualified by a substantial majority and qualified by a minority for the position.[9] To read more about ABA ratings, click here.

United States District Court for the Eastern District of Virginia, Magistrate (2012-2019)

Novak was a federal magistrate judge for the United States District Court for the Eastern District of Virginia from 2012 to 2019. He was appointed to the court on February 1, 2012. He succeeded Magistrate Dennis Dohnal.[10]

United States District Court for the Eastern District of Virginia (2007-2009)

See also: Federal judges nominated by George W. Bush

On November 15, 2007, President George W. Bush (R) nominated Novak to be a federal judge on the United States District Court for the Eastern District of Virginia. Novak's nomination was returned to the president at the sine die adjournment of the 110th Congress on January 2, 2009.Cite error: Invalid <ref> tag; name cannot be a simple integer. Use a descriptive title

Senate Judiciary Committee hearing

The Senate Judiciary Committee held hearings on Novak's nomination on April 3, 2008. Novak's nomination was not reported to the full Senate before the sine die adjournment of the 110th Congress.Cite error: Invalid <ref> tag; name cannot be a simple integer. Use a descriptive title

Nomination

President George W. Bush (R) nominated Novak to succeed Judge Robert Payne, who assumed senior status on May 7, 2007.Cite error: Invalid <ref> tag; name cannot be a simple integer. Use a descriptive title

Early life and education

Novak was born in Greensburg, Pennsylvania, in 1961. He received a bachelor's degree, magna cum laude, from St. Vincent College in 1983 and a J.D. from Villanova University in 1986.[7][11][10][12]

Career

Noteworthy cases

Former Governor McDonnell and wife plead not guilty
See also: Eastern District of Virginia (Bostic, et al v. McDonnell, et al, 13cv395)

In January 2014, former Virginia Governor Bob McDonnell and his wife, Maureen McDonnell, were indicted on fourteen counts of fraud and conspiracy due to gifts received while McDonnell was in office. The couple pleaded not guilty and the trial was set for July 28, 2014.[13][14]

During the plea hearing, Judge Novak ordered lawyers for both parties to avoid the media, stating:

“ This case is going to be tried in the courtroom; it is not going to be tried in the media.[15] [16] ”

The McDonnells were indicted on the following counts:

  • 1 count of conspiracy to commit honest-services wire fraud
  • 3 counts of honest-services wire fraud
  • 1 count of conspiracy to obtain property under color of official right
  • 6 counts of obtaining property under color of official right
  • 1 count of making false statements to a federal credit union

Bob McDonnell was also charged with making a false statement to a financial institution while Maureen was also charged with one count of obstruction of an official proceeding.[17]

For more information on the history of this controversy, see Ballotpedia's page on Bob McDonnell. For the full indictment, see The Washington Post, Robert F. McDonnell indictment.

Awards and associations

Awards

  • 2006: Attorney General's Award for Excellence in Furthering Interests of United States National Security
  • 2005: Appellate Advocacy Award from the Association of Government Attorneys in Capital Litigation
  • 2001, 1998: Director's Award for Superior Performance, U.S. Department of Justice
  • 1998: DEA Administrator's Award of Honor
  • 1996: U.S. Commissioner of Customs Commendation Award
  • 1994: U.S. Deputy Commissioner of Customs Commendation Award
  • 1991: Outstanding Prosecutor from the Philadelphia Fraternal Order of Police[12]

Associations

  • Member, American Bar Association
  • Member, Federal Bar Association
  • Member, Federal Magistrate Judges Association
  • Member, National Association of Assistant U.S. Attorneys
  • Member, Richmond Bar Association
  • Member, Virginia Bar Association
  • Member, Virginia Law Foundation[12]

About the court

Eastern District of Virginia
Fourth Circuit
Great seal of the United States.png
Judgeships
Posts: 11
Judges: 11
Vacancies: 0
Judges
Chief: Mark Davis
Active judges: Arenda L. Wright Allen, Rossie Alston, Leonie Brinkema, Mark Davis, Patricia Tolliver Giles, Elizabeth Hanes, M. Hannah Lauck, Michael Nachmanoff, David J. Novak, Jamar Walker, Roderick Charles Young

Senior judges:
T.S. Ellis III, John A. Gibney, Claude Hilton, Henry Hudson, Raymond Jackson, Liam O'Grady, Robert Payne, Rebecca Beach Smith, Anthony Trenga


The United States District Court for the Eastern District of Virginia is one of 94 United States district courts. It is one of two federal district courts serving the commonwealth of Virginia. When decisions of the court are appealed, they are appealed to the United States Court of Appeals for the Fourth Circuit based in downtown Richmond, Virginia, at the Lewis F. Powell Federal Courthouse.

The Eastern District of Virginia has original jurisdiction over cases filed within its jurisdiction. These cases can include civil and criminal matters that fall under federal law.

The Eastern District of Virginia court's jurisdiction covers slightly over six million people, comprising approximately 85 percent of the state's population. There are four court divisions.

The court's headquarters are in Richmond, Virginia, with divisions in Alexandria, Newport, and Norfolk.

The federal nomination process

Federal judges are nominated by the president of the United States and confirmed by the Senate. There are multiple steps to the process:

  • The president nominates an individual for a judicial seat.
  • The nominee fills out a questionnaire and is reviewed by the Senate Judiciary Committee.
  • The Senate Judiciary Committee holds a hearing with the nominee, questioning them about things like their judicial philosophy, past rulings or opinions, etc.
  • As part of this process, the committee sends a blue slip to senators from the home state in which the judicial nomination was received, allowing them to express their approval or disapproval of the nominee.
  • After the hearing, the Senate Judiciary Committee will vote to approve or return the nominee.
  • If approved, the nominee is voted on by the full Senate.
  • If the Committee votes to return the nominee to the president, the president has the opportunity to re-nominate the individual.
  • The Senate holds a vote on the candidate.
  • If the Senate confirms the nomination, the nominee receives a commission to serve a lifelong position as a federal judge.
  • If the Senate does not confirm the nomination, that nominee does not become a judge.


See also

External links


Footnotes

  1. ↑ 1.0 1.1 1.2 1.3 Congress.gov, "PN525 — David John Novak — The Judiciary," accessed March 27, 2019
  2. ↑ The Hill, "GOP triggers 'nuclear option' to speed up Trump picks," April 3, 2019
  3. ↑ Axios, "Senate GOP invokes 'nuclear option' to speed up confirmations of Trump nominees," April 3, 2019
  4. ↑ NBC News, "McConnell to use 'nuclear option' to confirm lower-level nominees," April 2, 2019
  5. ↑ U.S. Senate Committee on the Judiciary, "Nominations," April 30, 2019
  6. ↑ Senate Judiciary Committee, "Results of Executive Business Meeting," June 13, 2019
  7. ↑ 7.0 7.1 The White House, "President Donald J. Trump Announces Judicial Nominees," March 15, 2019
  8. ↑ Fredericksburg.com, "Federal magistrate judge from Richmond nominated for full judge by President Trump," March 16, 2019
  9. ↑ American Bar Association, "Ratings of Article III and Article IV judicial nominees: 116th Congress," accessed June 17, 2019
  10. ↑ 10.0 10.1 10.2 United States District Court Eastern District of Virginia, Press Release
  11. ↑ Martindale.com, Judge Profile: David J. Novak
  12. ↑ 12.0 12.1 12.2 U.S. Senate Committee on the Judiciary, "Questionnaire for judicial nominees: David John Novak," accessed April 30, 2019
  13. ↑ Politico, Bob McDonnell and wife indicted in gift scandal, January 21, 2014
  14. ↑ NBC Politics, Former Virginia governor, wife charged in gift scandal, January 21, 2014
  15. ↑ NBC Politics, "Former Va. gov, wife released on own recognizance," January 24, 2014
  16. ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  17. ↑ Times Dispatch, McDonnell, former first lady indicted on multiple counts, January 21, 2014

Political offices
Preceded by
- 		United States District Court for the Eastern District of Virginia
2019-Present		 Succeeded by
-
Preceded by
- 		United States District Court for the Eastern District of Virginia
2012-2019		 Succeeded by
-


Virginia courts

Federal courts:

Fourth Circuit Court of Appeals • U.S. District Court: Eastern District of Virginia, Western District of Virginia • U.S. Bankruptcy Court: Eastern District of Virginia, Western District of Virginia

State courts:

Virginia Supreme Court • Virginia Court of Appeals • Virginia Circuit Courts • Virginia District Courts • Virginia Magistrates

State resources:

Courts in Virginia • Virginia judicial elections • Judicial selection in Virginia

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