Confirm Julien Neals for the district of New Jersey

On Feb. 26, 2015, President Barack Obama nominated Julien Neals, a longtime New Jersey practitioner, for a vacancy in the District of New Jersey. Neals is a well qualified, mainstream nominee who enjoys the powerful support of New Jersey Democratic Sen. Robert Menendez and Cory Booker. The Senate Judiciary Committee approved Neals on Nov. 5 without dissent. However, the nomination has languished on the Senate floor ever since, primarily due to Republican leaders’ refusal to permit Neals’ confirmation debate and vote. Because Neals is an experienced, consensus nominee and the New Jersey District needs all of its judges, the Senate must swiftly arrange his confirmation debate and vote.

The District of New Jersey presently experiences two vacancies in seventeen active judgeships, so the court lacks twelve percent of its judicial complement, which complicates district efforts to deliver justice. Chief Judge Jerome Simandle has been asking the Senate to promptly fill the openings since they became empty. During a May speech to the New Jersey State Bar, the chief judge stated: the court received more than 10,000 filings the past year, while civil suits have increased one-fifth across the last half decade. The jurist explained: of the country’s ten biggest federal courts, “New Jersey is second in weighted filings per district judgeship,” a number that assumes all seventeen judgeships are occupied. Because the court has two vacancies, the weighted caseload per active judge is more than 600, which compares poorly with the nationwide average of 430. Simandle elaborated that the two openings and lawsuits’ number and density compromise the district’s “ability to promptly resolve cases.” The chief judge concluded that the “vacancies each at least one year old” and the huge caseload pressures make New Jersey a “judicial emergency” and wished for expeditious Senate action regarding the two vacancies. 

{mosads}On Feb. 26, 2015, the White House nominated Neals. Obama praised him as a “highly qualified candidate,” voicing confidence that Neals would be a “distinguished public servant” and a “valuable addition to the U.S. District Court.” The nominee is presently County Counsel for Bergen County. From 2006 until 2014, he served as City of Newark Business Administrator, Corporation Counsel and Chief Judge of the Newark Municipal Court. From 1992 until 2006, he practiced general litigation in federal and state court with Chasen, Leyner, & Lamparello.

Despite Neals’ qualifications, the Judiciary Committee only scheduled his hearing on Sept. 30, 2015. The New Jersey senators introduced Neals at the session, lauded his fine qualifications and urged rapid Senate confirmation. That hearing progressed smoothly, and senators asking questions seemed pleased with Neals’ answers. On Nov. 5, the committee approved him on a voice vote with minimal discussion.

Since last November, Neals has been awaiting a floor debate and vote. The GOP leadership has asserted that they are returning the upper chamber to “regular order.” However, Neals and many other excellent, mainstream nominees have waited months for confirmation. A few Democratic senators have requested unanimous consent to vote on Neals and fifteen remaining district court nominees who need final votes, but Republicans have objected. Last week on the Senate floor, Booker reminded his colleagues that Neals’ nomination had been pending for 18 months, that both senators supported him and that the “justice system cannot function as intended when critical posts are left vacant for months,” which harms the economy, civil rights and American principles of justice.

It is past time for the Senate to swiftly arrange Julien Neals’ vote. He is a well qualified, consensus nominee whom the two New Jersey senators support. The district also needs all of its active judges to promptly, inexpensively and fairly resolve its docket. The New Jersey bench as well as individuals and companies litigating in federal court merit a full court, while Neals deserves a final vote.

Carl Tobias is the Williams Chair in Law at the University of Richmond.

The views expressed by authors are their own and not the views of The Hill.