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Jonathan Kobes

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Jonathan Kobes

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United States Court of Appeals for the 8th Circuit

Tenure

2018 - Present

Years in position

6

Education

Personal


Jonathan Allen Kobes is a judge on the United States Court of Appeals for the 8th Circuit. He was nominated to the court by President Donald Trump (R) on June 11, 2018, and confirmed by the U.S. Senate on December 11, 2018, by a vote of 50-50.[1] His nomination was reported out of committee by an 11-10 vote October 11.Cite error: Closing </ref> missing for <ref> tag To see a full list of judges appointed by Donald Trump, click here.

The United States Court of Appeals for the 8th Circuit is one of 13 U.S. courts of appeal. They are the intermediate appellate courts of the United States federal courts. To learn more about the 8th Circuit Court, click here.

At the time of his nomination Kobes was the general counsel to U.S. Senator Mike Rounds (R-S.D.).[2]

Judicial nominations and appointments

United States Court of Appeals for the 8th Circuit

See also: Federal judges nominated by Donald Trump

Kobes was nominated to the United States Court of Appeals for the 8th Circuit by President Donald Trump (R) on June 11, 2018. The U.S. Senate confirmed Kobes on December 11, 2018, by a vote of 50-50.[1] He received commission on December 12, 2018.[3] To read more about the federal nomination process, click here.

Nomination Tracker

Fedbadgesmall.png

Nominee Information
Name: Jonathan Kobes
Court: United States Court of Appeals for the 8th Circuit
Progress
Confirmed 187 days after nomination.
ApprovedNominated: June 7, 2018
ApprovedABA Rating: Substantial majority not qualified/Minority qualified
Questionnaire: Questionnaire
ApprovedHearing: August 22, 2018
QFRs: (Hover over QFRs to read more)
ApprovedReported: October 11, 2018 
ApprovedConfirmed: December 11, 2018
ApprovedVote: 51-50

Confirmation vote

The U.S. Senate confirmed Kobes on December, on a vote of 50-50.[1] To see a full breakdown of the vote on the official U.S. Senate website, click here.

Jonathan Kobes confirmation vote (December 11, 2018)
Party Yea Nay No vote
Electiondot.png Democratic 0 47 0
Ends.png Republican 50 1 0
Grey.png Independent 0 2 0
Total 50 50 0

Vice President Mike Pence (R) cast a tie-breaking vote after senators voted 50-50 on the nomination. This was the 12th tie-breaking vote cast by Mike Pence. The tied vote occurred after Sen. Jeff Flake (R-Ariz.) joined Senate Democrats to oppose the nomination. Flake said on November 14 that he would oppose any judicial nominations until the Senate voted on legislation to limit authority to fire special counsels to senior Justice Department officials.[4][5]

Senate Judiciary Committee hearing

Kobes had his hearing before the Senate Judiciary Committee on August 22, 2018. The committee voted to advance Kobes' nomination to the full Senate on October 11, 2018.[1]

ABA rating

The American Bar Association (ABA) rated Kobes substantial majority not qualified/minority qualified for the position.[6] The ABA released a letter to Senate Judiciary Committee Chairman Sen. Chuck Grassley (R-Iowa) and ranking member Sen. Dianne Feinstein (D-Calif.) with a brief explanation of the rating. Click here to read the letter.

In the letter, ABA Federal Judiciary Chairman Paul Moxley wrote, "The Committee believes that Mr. Kobes has neither the requisite experience nor evidence of his ability to fulfill the scholarly writing required of a United States Circuit Court Judge."[7]

Grassley said the ABA was politicizing the nomination.[4] Natalie Krings, a spokeswoman for Kobes' previous employer, U.S. Sen. Mike Rounds (R-S.D.), said of the rating, "The ABA's use of limited criteria when assessing nominees is well known. Jon's qualifications to be a circuit judge speak for themselves."[8]

During his hearing before the Senate Judiciary Committee, Kobes said of his record:[9]

My experience is atypical. I have served in all three branches of government and I have significant and diverse real-world legal experience: as a prosecutor, a private-practice attorney, an in-house counsel, and an adviser to a United States senator. In my view, the breadth of my legal experience over the last 18 years uniquely qualifies me for a position on the Eighth Circuit.[10]

Nomination

Kobes was nominated to replace Judge Roger Wollman, who assumed senior status on December 11, 2018.

Education

Kobes earned his bachelor's degree from Dordt College in 1996 and his J.D. from Harvard Law School in 2000. During a period of his legal studies, Kobes served as an editor and as the business manager of the Harvard Journal of Law & Public Policy.[2][11]

Professional career

  • 2018-present: Judge, Eighth Circuit Court of Appeals
  • 2014-2018: Office of U.S. Sen. Mike Rounds (R-S.D.)
    • 2016-2018: General counsel
    • 2014-2018: Ethics certification officer
    • 2015-2016: Deputy chief of staff and counsel
    • 2014-2016: Political fund designee
    • 2014-2015: Deputy director, transition
  • 2013-2014: Director of corporate compliance, Raven Industries, Inc.
  • 2012-2013: Senior regulatory counsel, DuPont Pioneer
  • 2008-2012: Counsel, advisor, and senior counsel, POET, LLC
  • 2005-2008: Litigation associate, Murphy, Goldammer & Prendergast, LLP, in Sioux Falls, South Dakota
  • 2003-2005: Assistant United States attorney, District of South Dakota
  • 2002-2003: Honors attorney, Central Intelligence Agency litigation division
  • 2000-2001: Law clerk to Judge Roger Wollman of the United States Court of Appeals for the 8th Circuit[2][3]

About the court

Eighth Circuit
Court of Appeals
US-CourtOfAppeals-8thCircuit-Seal.png
Judgeships
Posts: 11
Judges: 11
Vacancies: 0
Judges
Chief: Steven Colloton
Active judges: William D. Benton, Steven Colloton, Ralph Erickson, L. Steven Grasz, Raymond Gruender, Jane Kelly, Jonathan Kobes, James Loken, Bobby Shepherd, Lavenski Smith, David Stras

Senior judges:
Morris Arnold, Clarence Arlen Beam, Pasco Bowman, David Hansen, Michael Melloy, Roger Wollman


The United States Court of Appeals for the Eighth Circuit is a federal appellate court with appellate jurisdiction. It hears appeals from all of the circuit courts within its jurisdiction and its rulings may be appealed to the Supreme Court of the United States.

The Eighth Circuit has 11 authorized judicial posts. The chief judge of the court is Lavenski Smith, who was appointed by President George W. Bush (R). Four of the judges on the court were appointed by Donald Trump (R).

Appeals are heard in the Thomas Eagleton U.S. Courthouse in St. Louis, Missouri.

Three judges of the Eighth Circuit went on to serve on the Supreme Court of the United States. Willis Van Devanter was appointed to the Supreme Court in 1910 by William Howard Taft, Charles Evans Whittaker was appointed in 1957 by Dwight Eisenhower, and Harry Blackmun was appointed in 1970 by Richard Nixon.

Map of the Eighth Circuit. Click on a district to find out more about it.


The Eighth Circuit has appellate jurisdiction over cases heard in one of its subsidiary districts. These cases can include civil and criminal matters that fall under federal law. Appeals of rulings by the Eighth Circuit Court of Appeals are petitioned to the Supreme Court of the United States. Justice Neil Gorsuch is the circuit justice for the Eighth Circuit.

The United States Court of Appeals for the 8th Circuit has jurisdiction over the United States district courts in the following federal judicial districts:

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 1.3 Congress.gov, "PN2117 — Jonathan A. Kobes — The Judiciary," accessed April 29, 2020
  2. 2.0 2.1 2.2 WhiteHouse.gov, "President Donald J. Trump Announces Fifteenth Wave of Judicial Nominees, Fourteenth Wave of United States Attorney Nominees, and Ninth Wave of United States Marshal Nominees," June 7, 2018
  3. 3.0 3.1 Cite error: Invalid <ref> tag; no text was provided for refs named FJC
  4. 4.0 4.1 The Hill, "Pence casts tie-breaking vote for Trump appeals court judge," December 11, 2018
  5. The Hill, "Flake says he'll oppose judicial nominees until Mueller bill gets vote," November 14, 2018
  6. American Bar Association, "Ratings of Article III and Article IV judicial nominees, 115th Congress," accessed October 1, 2018
  7. American Bar Association, "Letter to the Honorable Charles E. Grassley," September 14, 2018
  8. CNN, "Senate panel advances judicial nominee rated 'not qualified' by American Bar Association," October 11, 2018
  9. CNN, "Other controversial judicial nominees set for vote same day as Kavanaugh," September 28, 2018
  10. Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  11. Argus Leader, "Trump names Dordt College grad, former CIA attorney, to appeals court," June 7, 2018

US-CourtOfAppeals-8thCircuit-Seal.png

v  e

Federal judges who have served the U.S. Court of Appeals for the Eighth Circuit
Active judges

Chief JudgeSteven Colloton   •  Lavenski Smith  •  Ralph Erickson  •  Bobby Shepherd  •  James Loken  •  Raymond Gruender  •  William D. Benton  •  David Stras  •  Jane Kelly  •  Steven Grasz  •  Jonathan Kobes

Senior judges

David R. Hansen  •  Morris Arnold  •  Roger Wollman  •  Pasco Bowman  •  Arlen Beam  •  Michael Melloy  •  

Former judges Myron Bright  •  Diana Murphy  •  William Riley (Eighth Circuit)  •  Henry Clay Caldwell  •  George Fagg  •  Elmer Bragg Adams  •  John Emmett Carland  •  Amos Madden Thayer  •  Walter Henry Sanborn  •  William Cather Hook  •  John Hazelton Cotteral  •  Robert E. Lewis (Colorado judge)  •  Willis Van Devanter  •  Walter Inglewood Smith  •  Arba Seymour Van Valkenburgh  •  Wilbur Franklin Booth  •  Charles Breckenridge Faris  •  Kimbrough Stone  •  Joseph William Woodrough  •  William Squire Kenyon  •  John Benjamin Sanborn  •  John D. Kelly  •  Archibald Gardner  •  Seth Thomas  •  John Collet  •  Charles Joseph Vogel  •  Jesse Henley  •  Roy Stephenson  •  William Webster  •  Floyd Gibson  •  Albert Ridge  •  Charles Whittaker  •  Harvey Johnsen  •  Harry Blackmun  •  Gerald Heaney  •  Donald Lay  •  Marion Matthes  •  Theodore McMillian  •  Pat Mehaffy  •  Walter Riddick  •  Martin Van Oosterhout  •  Donald Ross  •  
Former Chief judges

Lavenski Smith  •  David R. Hansen  •  Morris Arnold  •  Roger Wollman  •  James Loken  •  Pasco Bowman  •  William Riley (Eighth Circuit)  •  Archibald Gardner  •  Charles Joseph Vogel  •  Floyd Gibson  •  Harvey Johnsen  •  Donald Lay  •  Marion Matthes  •  Pat Mehaffy  •  Martin Van Oosterhout  •  

Donald Trump

v  e

Federal judges nominated to Article III courts by Donald Trump
2017

Thomas ParkerElizabeth BranchNeil GorsuchAmul ThaparDavid C. NyeJohn K. BushKevin NewsomTimothy J. KellyRalph EricksonScott PalkTrevor McFaddenJoan LarsenAmy Coney BarrettAllison EidStephanos BibasDonald Coggins Jr.Dabney FriedrichGreg KatsasSteven GraszDon WillettJames HoWilliam L. Campbell Jr.David StrasTilman E. Self IIIKaren Gren ScholerTerry A. DoughtyClaria Horn BoomJohn BroomesRebecca Grady JenningsKyle DuncanKurt EngelhardtMichael B. BrennanJoel CarsonRobert WierFernando Rodriguez Jr.Annemarie Carney Axon

2018

Andrew OldhamAmy St. EveMichael ScudderJohn NalbandianMark BennettAndrew OldhamBritt GrantColm ConnollyMaryellen NoreikaJill OtakeJeffrey BeaverstockEmily Coody MarksHolly Lou TeeterJulius RichardsonCharles B. GoodwinBarry AsheStan BakerA. Marvin Quattlebaum Jr.Terry F. MoorerSusan BaxterWilliam JungAlan AlbrightDominic LanzaEric TostrudCharles WilliamsNancy E. BraselJames SweeneyKari A. DooleyMarilyn J. HoranRobert SummerhaysBrett KavanaughDavid PorterLiles BurkeMichael JuneauPeter PhippsLance WalkerRichard SullivanEli RichardsonRyan NelsonChad F. Kenney, Sr.Susan BrnovichWilliam M. Ray, IIJeremy KernodleThomas KleehJ.P. HanlonMark NorrisJonathan KobesMichael BrownDavid Counts

2019

Eric MillerChad ReadlerEric MurphyNeomi RaoPaul MateyAllison Jones RushingBridget S. BadeRoy AltmanPatrick WyrickHolly BradyDavid MoralesAndrew BrasherJ. Campbell BarkerRodolfo RuizDaniel DomenicoMichael TruncaleMichael ParkJoseph BiancoRaúl Arias-MarxuachDaniel CollinsJoshua WolsonWendy VitterKenneth Kiyul LeeKenneth BellStephen ClarkHoward NielsonRodney SmithJean-Paul BouleeSarah Daggett MorrisonRossie AlstonPamela A. BarkerCorey MazeGreg GuidryMatthew KacsmarykAllen WinsorCarl NicholsJames Cain, Jr.Tom BarberJ. Nicholas RanjanClifton L. CorkerPeter PhippsDaniel BressDamon LeichtyWendy W. BergerPeter WelteMichael LiburdiWilliam Shaw StickmanMark PittmanKarin J. ImmergutJason PulliamBrantley StarrBrian BuescherJames Wesley HendrixTimothy ReifMartha PacoldSean JordanMary RowlandJohn M. YoungeJeff BrownAda BrownSteven GrimbergStephanie A. GallagherSteven SeegerStephanie HainesMary McElroyDavid J. NovakFrank W. VolkCharles EskridgeRachel KovnerJustin WalkerT. Kent WetherellDanielle HunsakerLee RudofskyJennifer Philpott Wilson •  William NardiniSteven MenashiRobert J. LuckEric KomiteeDouglas ColeJohn SinatraSarah PitlykBarbara LagoaRichard Myers IISherri LydonPatrick BumatayR. Austin Huffaker •  Miller BakerAnuraag SinghalKaren MarstonJodi DishmanMary Kay VyskocilMatthew McFarlandJohn GallagherBernard JonesKea RiggsRobert J. ColvilleStephanie Dawkins DavisGary R. BrownDavid Barlow

Lewis Liman
2020

Lawrence VanDykeDaniel TraynorJohn KnessJoshua KindredPhilip HalpernSilvia Carreno-CollScott RashJohn HeilAnna ManascoJohn L. BadalamentiDrew TiptonAndrew BrasherCory WilsonScott HardyDavid JosephMatthew SchelpJohn CronanJustin WalkerBrett H. LudwigChristy WiegandThomas CullenDiane GujaratiStanley BlumenfeldMark ScarsiJohn HolcombStephen P. McGlynnTodd RobinsonHala JarbouDavid DuganIain D. JohnstonFranklin U. ValderramaJohn HinderakerRoderick YoungMichael NewmanAileen CannonJames KneppKathryn Kimball Mizelle •  Benjamin Beaton •  Kristi JohnsonToby CrousePhilip CalabreseTaylor McNeelThomas KirschStephen VadenKatherine CrytzerFernando Aenlle-RochaCharles AtchleyJoseph Dawson