Boalt Alum Evan Wallach Confirmed by Senate to Fill 11th Judge Slot on Federal Circuit

The Bureau of National Affairs


The U.S. Senate voted 99-0 Nov. 8 to confirm Evan Jonathan Wallach's nomination to a seat on the U.S. Court of Appeals for the Federal Circuit.

President Obama nominated Wallach July 28 to fill the vacancy on the court created by Judge Arthur J. Gajarsa's acceptance of senior status.

Wallach has a long history of public service and currently serves as judge at the U.S. Court of International Trade. His Sept. 7 hearing before the Senate Judiciary Committee was not controversial, as Senate Majority Leader Harry Reid (D-Nev.), a close friend, gave a glowing introduction. The full committee reported his nomination Oct. 6 in a unanimous voice vote.

After Wallach takes his place on the appeals court bench, 11 of the 12 active judge seats will be filled.

Litigator Edward Carroll DuMont's nomination to fill the other open slot remains pending more than 18 months after his initial nomination. If confirmed, DuMont would be the first openly gay federal appellate court judge, which may be a factor in the judiciary committee's failure to even schedule a hearing.

Wallach was born in 1951 in Arizona. He received his J.D. at the University of California Berkeley in 1976, and a Bachelor of Laws with honors in International Law from the University of Cambridge, England, in 1981.

He served in the office of the Judge Advocate of the U.S. Army from 1976-82. Wallach was a private practitioner with Lionel Sawyer & Collins, Las Vegas, Nev., from 1982-95, according to his biography on the CIT website, but he held other positions during that period. 11/9/2011