David Dugan

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David Wayne Dugan
Image of David Wayne Dugan
United States District Court for the Southern District of Illinois
Tenure

2020 - Present

Years in position

3

Prior offices
Illinois 3rd Circuit Court

Education

Bachelor's

Eastern Illinois University, 1982

Law

Valparaiso University, 1985

Personal
Birthplace
Litchfield, Ill.

David Wayne Dugan is a judge on the United States District Court for the Southern District of Illinois. He was nominated by President Donald Trump (R) on February 12, 2020, and confirmed by a 55-41 vote of the U.S. Senate on September 16, 2020. To see a full list of judges appointed by Donald Trump, click here.

The U.S. District Court for the Southern District of Illinois 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.

Dugan was a judge for the Third Judicial Circuit Court in Illinois from 2017 to 2020. He was appointed by the Illinois Supreme Court to fill the vacancy created by the departure of Judge John B. Barberis, Jr. for the Illinois Fifth District Appellate Court.[1]

Judicial nominations and appointments

U.S. District Court for the Southern District of Illinois (2020-present)

See also: Federal judges nominated by Donald Trump

On February 12, 2020, President Donald Trump (R) nominated Dugan to a seat on the United States District Court for the Southern District of Illinois. The U.S. Senate confirmed Dugan by a 55-41 vote on September 16, 2020.[2] Dugan received commission on September 23, 2020.[3] To read more about the federal nominations process, click here.

Nomination Tracker
Fedbadgesmall.png
Nominee Information
Name: David Dugan
Court: United States District Court for the Southern District of Illinois
Progress
Confirmed 217 days after nomination.
ApprovedANominated: February 12, 2020
ApprovedAABA Rating: Unanimously well qualified
Questionnaire: Questionnaire
ApprovedAHearing: June 24, 2020
QFRs: QFRs (Hover over QFRs to read more)
ApprovedAReported: July 30, 2020 
ApprovedAConfirmed: September 16, 2020
ApprovedAVote: 55-41

Confirmation vote

The U.S. Senate confirmed Dugan by a vote of 55-41 on September 16, 2020.[2] Home-state Senator Tammy Duckworth (D-Ill.) voted against Dugan's confirmation. Sen. Dick Durbin (D-Ill.) voted in favor of the nominee. To see a full breakdown of the vote on the official U.S. Senate website, click here.

Dugan confirmation vote (September 16, 2020)
Party Yea Nay No vote
Electiondot.png Democratic 3 40 2
Ends.png Republican 52 0 1
Grey.png Independent 0 1 1
Total 55 41 4

Opposition from home-state senator

See also: Blue slip (federal judicial nominations)

Home-state Senator Tammy Duckworth (D-Ill.) voted against Dugan's confirmation. Sen. Dick Durbin (D-Ill.) voted in favor of the nominee.[4]

Duckworth told the Huffington Post that she found Dugan and another judicial nominee, Stephen P. McGlynn, had "a troubling record on constitutionally-protected reproductive health rights demonstrating extreme bias against women’s rights and science that undermines my confidence that they could serve as the fair and independent judge that every Illinoisan deserves in the courtroom."[5]

Change in Senate rules
See also:
Filibuster and reconciliation in the United States Congress
Federal judges nominated by Donald Trump
United States federal courts

Dugan 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

Dugan had his hearing before the Senate Judiciary Committee on June 24, 2020.[9] The committee reported Dugan's nomination to the full U.S. Senate on July 30, 2020, after a 13-9 vote.[10]

Nomination

On February 5, 2020, President Donald Trump (R) announced his intent to nominate Dugan to a seat on the United States District Court for the Southern District of Illinois.[11] The president officially nominated Dugan on February 12.[2]

Dugan was nominated to succeed Judge David R. Herndon, who retired on January 7, 2019.

U.S. Senators Dick Durbin and Tammy Duckworth, both Democrats from Illinois, said of the nomination of Dugan, Iain D. Johnston, and Franklin U. Valderrama, "We are pleased that the President nominated Judge Dugan, Judge Johnston, and Judge Valderrama to fill vacant district court judgeships in Illinois. All three nominees were carefully reviewed by nonpartisan screening committees we established to evaluate potential candidates, and we expect these nominees to be diligent, thoughtful, and principled District Court Judges."[12]

The American Bar Association unanimously rated Dugan well qualified for the position.[13] To read more about ABA ratings, click here.

Illinois Third Judicial Circuit Court (2017-2020)

Dugan was appointed to the Third Judicial Circuit Court in Illinois in February 2017, to fill the seat of John B. Barberis Jr., who was elevated to 5th District Appellate Court.[1] He left office in 2020 after being confirmed to the United States District Court for the Southern District of Illinois.

Early life and education

Dugan was born in 1960 in Litchfield, Illinois. He earned his undergraduate degree in political science from Eastern Illinois University in 1982 and his J.D. from Valparaiso University in 1985.[1][14]

Professional career

  • 2020-present: Judge, U.S. District Court for the Southern District of Illinois
  • 2017-2020: Circuit court judge, Illinois Third Judicial Circuit Court
  • 2007-2017: Attorney, David W. Dugan, P.C.
  • 2003-2005: Attorney (part-time), Simmons & Cooper
  • 1999-2013: Contract pilot, Sabreliner Corporation
  • 1999-2007: Attorney, Dugan & Diaz, P.C.
  • 1994-1999: Attorney, Pitts, Dugan & Diaz, P.C.
  • 1993-1994: Prosecutor (part-time), Madison County State's Attorney's Office
  • 1991-1994: Attorney, Lakin & Herndon
  • 1987-1991: Attorney, Law Offices of Gary E. Peel, Ltd.
  • 1985-1987: Coppinger, Carter, Schrempf & Blaine, Ltd.
    • 1985-1987: Attorney
    • 1985: Law clerk[14]

Associations

  • Alliance Defending Freedom
  • Alton-Wood River Bar Association
  • American Bar Association
  • American Trial Lawyers Association
  • Edwardsville Gun Club
  • Experimental Aircraft Association
  • The Federalist Society
  • Illinois Judge's Association
  • Illinois State Bar Association
  • Illinois Trial Lawyers Association
  • International Aerobatic Association
  • Lawyers-Pilots Bar Association
  • Madison County Bar Association
  • National Association for the Advancement of Colored People
  • National Board of Trial Advocacy Certification
  • National Rifle Association
  • Options-Now
  • Riverbend Family Ministries
  • Tri-City Bar Association[14]

About the court

Southern District of Illinois
Seventh Circuit
SDIL.gif
Judgeships
Posts: 4
Judges: 4
Vacancies: 0
Judges
Chief: Nancy J. Rosenstengel
Active judges: David Wayne Dugan, Stephen Patrick McGlynn, Nancy J. Rosenstengel, Staci Michelle Yandle

Senior judges:
John Gilbert


The United States District Court for the Southern District of Illinois 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 Seventh Circuit based in Chicago at the Everett M. Dirksen Federal Courthouse and Building.


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

The jurisdiction of the Southern District of Illinois extends over the eastern suburbs of St. Louis and the city of Carbondale.

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

The Benton Division, covering Alexander, Clark, Clay, Crawford, Cumberland, Edwards, Effingham, Franklin, Gallatin, Hamilton, Hardin, Jackson, Jasper, Jefferson, Johnson, Lawrence, Massac, Perry, Pope, Pulaski, Richland, Saline, Union, Wabash, Wayne, White and Williamson counties.

The East St. Louis Division, covering Bond, Calhoun, Clinton, Fayette, Jersey, Madison, Marion, Monroe, Randolph, St. Clair and Washington counties.

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 The Telegraph, "David W. Dugan Appointed as Circuit Judge for Third Judicial Circuit," February 12, 2017
  2. 2.0 2.1 2.2 Congress.gov, "PN1507 — David W. Dugan — The Judiciary," accessed February 13, 2020
  3. Federal Judicial Center, "Dugan, David Wayne," accessed September 24, 2020
  4. Senate.gov, "Roll call vote on the confirmation of David Dugan to be U.S. District Judge for the Southern District of Illinois," September 16, 2020
  5. Huffington Post, "Tammy Duckworth Agreed To Help Confirm 2 Anti-Choice Judges. In The End, She Couldn’t." September 16, 2020
  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. Senate Judiciary Committee, "Nominations," June 24, 2020
  10. Senate Judiciary Committee, "Results of Executive Business Meeting," July 30, 2020
  11. WhiteHouse.gov, "President Donald J. Trump Announces Judicial Nominee," February 5, 2019
  12. RiverBender.com, "Durbin, Duckworth Statement On Nominations Of David Dugan, Iain Johnston, Franklin Valderrama To Serve As U.s. District Judges," February 6, 2020
  13. American Bar Association, "Ratings of Article III and Article IV judicial nominees," accessed June 24, 2020
  14. 14.0 14.1 14.2 Senate Judiciary Committee, "Questionnaire for judicial nominees," accessed June 24, 2020

Political offices
Preceded by
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United States District Court for the Southern District of Illinois
2020-Present
Succeeded by
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Preceded by
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Illinois 3rd Circuit Court
2017-2020
Succeeded by
-