James Simmons (California)

From Ballotpedia
Jump to: navigation, search
James Simmons

Silhouette Placeholder Image.png

Do you have a photo that could go here? Click here to submit it for this profile!

Nonpartisan

United States District Court for the Southern District of California
Tenure

2023 - Present

Years in position

1

Predecessor
Prior offices
Superior Court of San Diego County

Education

Bachelor's

University of California, Berkeley

Law

Golden Gate University

Personal
Profession
Deputy District Attorney


James Simmons is a judge for the United States District Court for the Southern District of California. He was nominated to the court by President Joe Biden (D) on July 14, 2022, and confirmed by the United States Senate on March 9, 2023, by a vote of 51-43.[1][2][3][4][5] To see a full list of judges appointed by Joe Biden, click here.

The United States District Court for the Southern District of California 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.

James Simmons was a judge of the Superior Court of San Diego County in California. His service ended on March 10, 2023 upon joining the United States District Court for the Southern District of California.


Judicial nominations, appointments, and elections

United States District Court for the Southern District of California (2023-present)

See also: Federal judges nominated by Joe Biden

On January 23, 2023, President Joe Biden (D) nominated Simmons to the United States District Court for the Southern District of California.[4] He was confirmed by a 51-43 vote of the U.S. Senate on March 9, 2023.[1] Simmons received commission on March 10, 2023.[6]

Nomination Tracker
Fedbadgesmall.png
Nominee Information
Name: James Simmons
Court: United States District Court for the Southern District of California
Progress
Confirmed 45 days after nomination.
ApprovedANominated: January 23, 2023
ApprovedAABA Rating: Well Qualified
Questionnaire: Questionnaire
ApprovedAHearing: February 9, 2023
Hearing Transcript: Hearing Transcript
QFRs: (Hover over QFRs to read more)
ApprovedAReported: February 9, 2023 
ApprovedAConfirmed: March 9, 2023
ApprovedAVote: 51-43


Confirmation vote

The U.S. Senate confirmed Simmons by a vote of 51-43 on March 9, 2023.[1] To see a full breakdown of the vote on the official U.S. Senate website, click here.

James Simmons confirmation vote (March 9, 2023)
Party Yea Nay No vote
Electiondot.png Democratic 45 0 3
Ends.png Republican 3 43 3
Grey.png Independent 3 0 0
Total 51 43 6

Senate Judiciary Committee hearing

For Simmons' second nomination, the Senate Judiciary Committee held a hearing on February 9, 2023. Simmons was reported to the full Senate after a 13-8 committee vote.[5]

For Simmons' first nomination, the Senate Judiciary Committee held hearings on November 30, 2022. Simmons' nomination was returned to the president at the sine die adjournment of the U.S. Senate on January 3, 2023.[7]

Nomination

President Biden nominated Simmons on July 14, 2022. Simmons was nominated to replace Judge Anthony J. Battaglia, who assumed senior status on March 31, 2022.[8]

Simmons' nomination was returned to the president at the sine die adjournment of the U.S. Senate on January 3, 2023.[9] The president renominated Simmons on January 23, 2023.[4]

The American Bar Association (ABA) rated Simmons Well Qualified.[10] To read more about ABA ratings, click here.

Superior Court of San Diego County (2017-2023)

Simmons became a judge on the Superior Court of San Diego County in 2017.[2]

2018 election

Nonpartisan primary election

The primary election was canceled. James Simmons (Nonpartisan) won the election without appearing on the ballot.

Selection method

See also: Nonpartisan election

The 1,535 judges of the California Superior Courts compete in nonpartisan races in even-numbered years. If a candidate receives more than 50 percent of the vote in the June primary election, he or she is declared the winner; if no candidate receives more than 50 percent of the vote, a runoff between the top two candidates is held during the November general election.[11][12][13][14]

If an incumbent judge is running unopposed in an election, his or her name does not appear on the ballot. The judge is automatically re-elected following the general election.[11]

The chief judge of any given superior court is selected by peer vote of the court's members. He or she serves in that capacity for one or two years, depending on the county.[11]

Qualifications
Candidates are required to have 10 years of experience as a law practitioner or as a judge of a court of record.[11]

Biography

Education

Simmons obtained a B.A. from the University of California, Berkeley in 2001 and a J.D. from Golden Gate University School of Law in 2004.[2]

Professional career

About the Southern District of California

Southern District of California
Ninth Circuit
CA-SD.gif
Judgeships
Posts: 13
Judges: 11
Vacancies: 2
Judges
Chief: Dana Sabraw
Active judges: Cynthia A. Bashant, Cathy Bencivengo, Robert Huie, Linda Lopez, Ruth Bermudez Montenegro, Jinsook Ohta, Todd Robinson, Dana Sabraw, Janis Sammartino, Andrew G. Schopler, James Simmons

Senior judges:
Michael Anello, Anthony J. Battaglia, Roger Benitez, Gonzalo P. Curiel, William Hayes, John Houston, Marilyn Huff, James Lorenz, Jeffrey Miller, Barry Moskowitz, Thomas Whelan


The United States District Court for the Southern District of California is one of 94 United States district courts. The district operates out of three courthouses in San Diego and one in El Centro. When decisions of the court are appealed, they are appealed to the United States Court of Appeals for the Ninth Circuit based in downtown San Francisco at the James R. Browning Federal Courthouse.

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

The geographic jurisdiction of the Southern District of California consists of the Imperial and San Diego counties in the southern part of the state of California.

To read opinions published by this court, click here.

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 Congress.gov, "PN175 — James Edward Simmons Jr. — The Judiciary," March 9, 2023
  2. ↑ 2.0 2.1 2.2 2.3 The White House, "President Biden Names Twenty-Third Round of Judicial Nominees," July 14, 2022
  3. ↑ The White House, "Nominations Sent to the Senate," January 23, 2023
  4. ↑ 4.0 4.1 4.2 Congress.gov, "PN175 — James Edward Simmons Jr. — The Judiciary," accessed June 6, 2024
  5. ↑ 5.0 5.1 Committee on the Judiciary, "Results of Executive Business Meeting – February 9, 2023," accessed February 9, 2023
  6. ↑ Federal Judicial Center, "Simmons, James Edward, Jr.," accessed March 10, 2023
  7. ↑ Under Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate, pending nominations are returned to the president if the Senate adjourns sine die or recesses for more than 30 days.
  8. ↑ Congress.gov, "PN2384 — James Edward Simmons Jr. — The Judiciary," accessed July 18, 2022
  9. ↑ Under Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate, pending nominations are returned to the president if the Senate adjourns sine die or recesses for more than 30 days.
  10. ↑ American Bar Association, "RATINGS OF ARTICLE III AND ARTICLE IV JUDICIAL NOMINEES 117TH CONGRESS," last updated November 28, 2022
  11. ↑ 11.0 11.1 11.2 11.3 American Judicature Society, "Methods of Judicial Selection: California," archived October 2, 2014
  12. ↑ Los Angeles Times, "Safeguarding California's judicial election process," August 21, 2011
  13. ↑ California Elections Code, "Section 8203," accessed May 21, 2014
  14. ↑ California Elections Code, "Section 8140-8150," accessed May 21, 2014

Political offices
Preceded by
Anthony J. Battaglia 		United States District Court for the Southern District of California
2023-Present		 Succeeded by
-
Preceded by
- 		Superior Court of San Diego County
2017-2023		 Succeeded by
-


California courts

Federal courts:

Ninth Circuit Court of Appeals • U.S. District Court: Central District of California, Eastern District of California, Northern District of California, Southern District of California • U.S. Bankruptcy Court: Central District of California, Eastern District of California, Northern District of California, Southern District of California

State courts:

California Supreme Court • California Courts of Appeal • California Superior Courts

State resources:

Courts in California • California judicial elections • Judicial selection in California

Retrieved from "https://ballotpedia.org/wiki/index.php?title=James_Simmons_(California)&oldid=9987239"