Matthew McFarland

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Matthew McFarland
Image of Matthew McFarland

Nonpartisan

United States District Court for the Southern District of Ohio
Tenure

2019 - Present

Years in position

4

Prior offices
Ohio Fourth District Court of Appeals

Education

Bachelor's

Capital University, 1989

Law

Capital University Law School, 1992

Personal
Birthplace
Portsmouth, Ohio


Matthew W. McFarland is a judge on the United States District Court for the Southern District of Ohio. He was nominated to the court by President Donald Trump (R) on November 13, 2018, and confirmed by the United States Senate on December 18, 2019, by a vote of 56-38.[1][2] He received commission on December 31, 2019.[3] To see a full list of judges appointed by Donald Trump, click here.

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

McFarland was a judge on the Ohio Fourth District Court of Appeals from 2004 to 2019.[4]

Although federal judicial positions are officially nonpartisan, McFarland is a member of the Republican Party.

Judicial nominations, appointments, and elections

U.S. District Court for the Southern District of Ohio (2019-present)

See also: Federal judges nominated by Donald Trump

On November 13, 2018, President Donald Trump (R) nominated McFarland to a seat on the United States District Court for the Southern District of Ohio. The United States Senate confirmed McFarland on December 18, 2019, by a vote of 56-38.[1] To read more about the federal nominations process, click here.

Nomination Tracker
Fedbadgesmall.png
Nominee Information
Name: Matthew W. McFarland
Court: United States District Court for the Southern District of Ohio
Progress
Confirmed 400 days after nomination.
ApprovedANominated: November 13, 2018
ApprovedAABA Rating: Majority qualified / Minority not qualified
Questionnaire: Questionnaire
ApprovedAHearing: June 26, 2019
QFRs: (Hover over QFRs to read more)
ApprovedAReported: July 18, 2019 
ApprovedAConfirmed: December 18, 2019
ApprovedAVote: 56-38

Confirmation vote

The U.S. Senate confirmed McFarland on December 18, 2019, on a vote of 56-38.[5] To see a full breakdown of the vote on the official U.S. Senate website, click here.

McFarland confirmation vote (December 18, 2019)
Party Yea Nay No vote
Electiondot.png Democratic 4 37 4
Ends.png Republican 52 0 1
Grey.png Independent 0 1 1
Total 56 38 6
Change in Senate rules
See also:
Filibuster and reconciliation in the United States Congress
Federal judges nominated by Donald Trump
United States federal courts

McFarland 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.[6]

The change was passed under a procedure, often referred to as the nuclear option, that requires 51 votes rather than 60.[7]

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.[8] For more, see Filibuster and reconciliation in the United States Congress.


Senate Judiciary Committee hearing

The Senate Judiciary Committee held hearings on McFarland's confirmation on June 26, 2019.[9] The committee voted 12-10 to advance McFarland's nomination to the full Senate on July 18, 2019.[10]

Nomination

On October 10, President Donald Trump (R) announced his intent to nominate McFarland to a seat on the United States District Court for the Southern District of Ohio.[11] The U.S. Senate received McFarland's nomination on November 13, 2018. McFarland was nominated to succeed Judge Thomas Rose, who assumed senior status on June 30, 2017.[1]

At the sine die adjournment of the 115th Congress on January 3, 2019, the Senate returned McFarland's nomination to President Trump.[12] McFarland was one of 51 individuals the president re-nominated on January 23, 2019.[13]

The American Bar Association rated McFarland qualified by a majority and not qualified by a minority for the position.[14] To read more about ABA ratings, click here.

Ohio Fourth District Court of Appeals (2004-2019)

McFarland was a judge on the Ohio Fourth District Court of Appeals from 2004 to 2019.[4] He was elected to the court in 2004 and re-elected in 2010 and 2016.[15][16][17]

2016 election

McFarland ran for re-election to his seat on the Ohio Fourth District Court of Appeals. Two Democratic candidates, Valarie Gerlach and Paul Price, filed to challenge McFarland.[18] Gerlach defeated Price in the March 15 primary and ran against McFarland in the November 8 general election.

Election results

November 8 general election

Incumbent Matthew McFarland defeated Valarie Gerlach in the general election for the Ohio Fourth District Court of Appeals, McFarland's seat.
Ohio Fourth District Court of Appeals, McFarland's Seat, 2016
Party Candidate Vote % Votes
     Republican Green check mark transparent.png Matthew McFarland Incumbent 66.36% 130,609
     Democratic Valarie Gerlach 33.64% 66,218
Total Votes (100% reporting) 196,827
Source: Ohio Secretary of State Official Results

March 15 primary election

Ohio Fourth District Court of Appeals, Judge McFarland's Seat Republican Primary, 2016
Party Candidate Vote % Votes
     Republican Green check mark transparent.png Matthew McFarland Incumbent (unopposed) 100.00% 71,176
Total Votes 71,176
Source: Ohio Secretary of State Official Results

2010 election

See also: Ohio judicial elections, 2010

McFarland received 30,273 of the votes in the Republican primary. He was re-elected after running unopposed in the general election on November 2, 2010.[19][17]

Early life and eucation

McFarland was born in Portsmouth, Ohio, in 1967. He received a B.A., cum laude, from Capital University in 1989. He obtained his J.D. from Capital University Law School, where he was Order of the Barristers, in 1992.[20][11][21]

Professional career

Awards and associations

Awards

  • 2008: Capital University Law School Alumnus of the Year
  • 2006: Ohio Association of Magistrates Judicial Award
  • 2004: Vernal G. Riffe Leadership Award for contributions to the Boy Scouts of America[20]

Associations

About the court

Southern District of Ohio
Sixth Circuit
Great seal of the United States.png
Judgeships
Posts: 8
Judges: 8
Vacancies: 0
Judges
Chief: Algenon Marbley
Active judges: Douglas Cole, Jeffery P. Hopkins, Algenon Marbley, Matthew McFarland, Sarah Daggett Morrison, Michael J. Newman, Edmund Sargus, Michael Watson

Senior judges:
Michael Barrett, Sandra Beckwith, Timothy S. Black, Susan Dlott, James Graham, Walter Rice, Thomas Rose, Herman Weber


The United States District Court for the Southern District of Ohio is one of 94 United States district courts. When decisions of the court are appealed, they are appealed to the United States Court of Appeals for the Sixth Circuit based in downtown Cincinnati at the Potter A. Stewart Federal Courthouse and Building.

The Southern District of Ohio 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 Ohio consists of all the following counties in the southern part of the state of Ohio.

There are two court divisions, each covering the following counties:

The Eastern Division, covering Athens, Belmont, Coshocton, Delaware, Fairfield, Fayette, Franklin, Gallia, Guernsey, Harrison, Hocking, Jackson, Jefferson, Knox, Licking, Logan, Madison, Meigs, Monroe, Morgan, Morrow, Muskingum, Noble, Perry, Pickaway, Pike, Ross, Union, Vinton, and Washington counties.

The Western Division, covering Adams, Brown, Butler, Champaign, Clark, Clermont, Clinton, Darke, Greene, Hamilton, Highland, Lawrence, Miami, Montgomery, Preble, Scioto, Shelby, and Warren counties.

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, "PN2594 — Matthew Walden McFarland — The Judiciary," accessed April 16, 2019
  2. ↑ Congress.gov, "PN238 — Matthew Walden McFarland — The Judiciary," accessed December 19, 2019
  3. ↑ Federal Judicial Center, "McFarland, Matthew Walden," accessed January 1, 2020
  4. ↑ 4.0 4.1 Ohio Fourth District Court of Appeals, "4th District Appellate Judges," accessed April 26, 2015
  5. ↑ Congress.gov, "Roll Call Vote 116th Congress - 1st Session," accessed December 19, 2019
  6. ↑ The Hill, "GOP triggers 'nuclear option' to speed up Trump picks," April 3, 2019
  7. ↑ Axios, "Senate GOP invokes 'nuclear option' to speed up confirmations of Trump nominees," April 3, 2019
  8. ↑ NBC News, "McConnell to use 'nuclear option' to confirm lower-level nominees," April 2, 2019
  9. ↑ U.S. Senate Committee on the Judiciary, "Nominations," June 26, 2019
  10. ↑ U.S. Senate Committee on the Judiciary, "Results of Executive Business Meeting," July 18, 2019
  11. ↑ 11.0 11.1 WhiteHouse.gov, "President Donald J. Trump Announces Eighteenth Wave of Judicial Nominees, Eighteenth Wave of United States Attorney Nominees, and Thirteenth Wave of United States Marshal Nominees," October 10, 2018
  12. ↑ 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. Congressional Research Service, "Senate Consideration of Presidential Nominations: Committee and Floor Procedure," April 11, 2017
  13. ↑ WhiteHouse.gov, "Nominations Sent to the Senate," January 23, 2019
  14. ↑ American Bar Association, "Ratings of Article III and Article IV judicial nominees: 116th Congress," accessed June 26, 2019
  15. ↑ Ohio Business Votes.org, "Court of Appeals Judges," accessed April 26, 2015
  16. ↑ Ohio Secretary of State, "2004 Election Results," accessed April 26, 2015
  17. ↑ 17.0 17.1 Ohio Secretary of State, "Judge of the Court of Appeals: November 2, 2010," accessed April 26, 2015
  18. ↑ [Ohio Secretary of State candidate list, received by email]
  19. ↑ Ohio Secretary of State, "Judge of Court of Appeals - Republican: May 4, 2010," accessed April 26, 2015
  20. ↑ 20.0 20.1 20.2 20.3 U.S. Senate Committee on the Judiciary, "Questionnaire for judicial nominees: Matthew Walden McFarland," accessed June 26, 2019
  21. ↑ Ohio Fourth District Court of Appeals, "Matthew W. McFarland," accessed April 26, 2015

Political offices
Preceded by
- 		United States District Court for the Southern District of Ohio
2019-Present		 Succeeded by
-
Preceded by
- 		Ohio Fourth District Court of Appeals
2004-2019		 Succeeded by
-


Ohio courts

Federal courts:

Sixth Circuit Court of Appeals • U.S. District Court: Northern District of Ohio, Southern District of Ohio • U.S. Bankruptcy Court: Northern District of Ohio, Southern District of Ohio

State courts:

Ohio Supreme Court • Ohio District Courts of Appeal • Ohio Courts of Common Pleas • Ohio County Courts • Ohio Municipal Courts • Ohio Court of Claims

State resources:

Courts in Ohio • Ohio judicial elections • Judicial selection in Ohio

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