Wendy W. Berger

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Wendy W. Berger
Image of Wendy W. Berger
United States District Court for the Middle District of Florida
Tenure

2019 - Present

Years in position

5

Prior offices
Florida 5th District Court of Appeal

Education

Bachelor's

Florida State University, 1990

Law

Florida State University College of Law, 1992

Contact

Wendy W. Berger is a judge on the United States District Court for the Middle District of Florida. On April 11, 2018, President Donald Trump (R) nominated Berger to a seat on this court.[1] The United States Senate confirmed Berger on July 24, 2019, by a vote of 54-37.[2] She received commission on July 29, 2019.[3] To see a full list of judges appointed by Donald Trump, click here.

The United States District Court for the Middle District of Florida 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.

Berger was a judge on the Fifth District Court of Appeal in Florida. She was appointed by Governor Rick Scott (R) on August 21, 2012, to replace Judge David Monaco.[4][5] She successfully ran for retention in 2014.[6] 

Judicial nominations, appointments, and elections

United States District Court for the Middle District of Florida (2019-present)

See also: Federal judges nominated by Donald Trump

On April 11, 2018, President Donald Trump (R) nominated Berger to a seat on this court.[1] The United States Senate confirmed Berger on July 24, 2019, by a vote of 54-37.[2] To read more about the federal nominations process, click here.

Nomination Tracker
Fedbadgesmall.png
Nominee Information
Name: Wendy W. Berger
Court: United States District Court for the Middle District of Florida
Progress
Confirmed 469 days after nomination.
ApprovedANominated: April 11, 2018
ApprovedAABA Rating: Majority Qualified/Minority Well Qualified
Questionnaire: Questionnaire
ApprovedAHearing: October 17, 2018
QFRs: QFRs (Hover over QFRs to read more)
ApprovedAReported: February 7, 2019 
ApprovedAConfirmed: July 24, 2019
ApprovedAVote: 54-37


Confirmation vote

The U.S. Senate confirmed Berger on July 24, 2019, on a vote of 54-37.[2] To see a full breakdown of the vote on the official U.S. Senate website, click here.

Berger confirmation vote (July 24, 2019)
Party Yea Nay No vote
Electiondot.png Democratic 3 36 6
Ends.png Republican 51 0 2
Grey.png Independent 0 1 1
Total 54 37 9
Change in Senate rules
See also:
Filibuster and reconciliation in the United States Congress
Federal judges nominated by Donald Trump
United States federal courts

Berger 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.[7]

The change was passed under a procedure, often referred to as the nuclear option, that requires 51 votes rather than 60.[8]

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


Senate Judiciary Committee hearing

The Senate Judiciary Committee held hearings on Berger's nomination on October 17, 2018.[10]

The Senate Judiciary Committee favorably reported Berger's nomination on February 7, 2019.[11] Click here to see how the committee voted. Berger's nomination was one of 44 that Sen. Lindsey Graham (R-S.C.) reported that day.


Nomination

Berger was nominated by President Donald Trump (R) on April 11, 2018, to a seat on the United States District Court for the Middle District of Florida.[1] She was nominated to succeed Judge John Steele, who assumed senior status on June 3, 2015.

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

The American Bar Association rated Berger qualified by a majority and well qualified by a minority for the position.[14]

Florida Fifth District Court of Appeal (2012-2019)

Berger was a judge on the Fifth District Court of Appeal in Florida. She was appointed by Governor Rick Scott (R) on August 21, 2012, to replace Judge David Monaco.[4]

2014 election

See also: Florida judicial elections, 2014

Berger successfully ran for retention in 2014.[6]  She was retained to the Fifth District Court of Appeal with 73.6 percent of the vote on November 4, 2014.[6] 

Bar evaluation

The Florida Bar conducted a poll of its members regarding the appellate judges up for retention in 2014. 82% of respondents recommended Berger for retention.[15]

Florida 7th Circuit Court (2005-2012)

Berger was a judge on the 7th Circuit Court in Florida from 2005 to 2012.

2012 election

See also: Florida judicial elections, 2012

Berger was unopposed and automatically re-elected to the 7th Circuit Court in 2012, but this re-election did not apply due to her appointment to another court.[16]

Education

Berger received her B.S., cum laude, from Florida State University in 1990 and her J.D. from Florida State University College of Law in 1992. She was admitted to the bar in 1993.[17][18][19]

Professional career

Approach to the law

Before her appointment to the Florida Fifth District Court of Appeal, Berger was a trial court judge on the 7th Circuit Court bench. There she earned a reputation for giving what some consider harsh sentences, including the death penalty. Berger, however, said that she gave harsh sentences because she "had the responsibility [as a judge] to protect people. The harshest sentences were given to those I felt were a danger to the public.”[22]

About the court

Middle District of Florida
Eleventh Circuit
Florida-middle.jpg
Judgeships
Posts: 15
Judges: 12
Vacancies: 3
Judges
Chief: Marcia Howard
Active judges:
John L. Badalamenti, Tom Barber, Wendy W. Berger, Paul G. Byron, Sheri Polster Chappell, Marcia Howard, William Jung, Carlos E. Mendoza, Steven Merryday, Kathryn Kimball Mizelle, Mary Scriven, Julie Sneed

Senior judges:
Henry Adams, John Antoon, Susan Bucklew, Anne Conway, Timothy Corrigan, Virginia Covington, Roy Bale Dalton Jr., Brian Davis, Patricia Fawsett, Charlene Honeywell, Elizabeth Kovachevich, Richard Lazzara, James S. Moody, Gregory Presnell, Harvey Schlesinger, John Steele, James Whittemore


The United States District Court for the Middle District of Florida is one of 94 United States district courts. The district has courthouses in Fort Myers, Jacksonville, Ocala, Orlando, and Tampa. When decisions of the court are appealed, they are appealed to the United States Court of Appeals for the Eleventh Circuit based in downtown Atlanta at the Elbert P. Tuttle Federal Courthouse.

The Counties of the Middle District of Florida (click for larger map)

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

It holds court in Fort Myers, Jacksonville, Ocala, Orlando, and Tampa Bay.

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

The Fort Myers Division, covering Charlotte, Collier, DeSoto, Glades, Hendry, and Lee counties.

The Jacksonville Division, covering Baker, Bradford, Clay, Columbia, Duval, Flagler, Hamilton, Nassau, Putnam, St. Johns, Suwannee, and Union counties.

The Ocala Division, covering Citrus, Lake, Marion, and Sumter counties.

The Orlando Division, covering Brevard, Orange, Osceola, Seminole, and Volusia counties.

The Tampa Division, covering Hardee, Hernando, Hillsborough, Manatee, Pasco, Pinellas, Polk, and Sarasota 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

Florida Judicial Selection More Courts
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Courts in Florida
Florida Court of Appeals
Florida Supreme Court
Elections: 202520242023202220212020201920182017
Gubernatorial appointments
Judicial selection in Florida
Federal courts
State courts
Local courts

External links

Footnotes

  1. 1.0 1.1 1.2 White House, "Ten Nominations Sent to the Senate Today," April 11, 2018
  2. 2.0 2.1 2.2 Congess.gov, "PN219 — Wendy Williams Berger — The Judiciary," accessed July 25, 2019
  3. Federal Judicial Center, "Berger, Wendy Williams," accessed July 31, 2019
  4. 4.0 4.1 4.2 The St. Augustine Record, "Judge Berger appointed to 5th District Court of Appeal," August 21, 2012
  5. Judicial selection in Florida
  6. 6.0 6.1 6.2 Florida Division of Elections, "Candidate Listing for 2014 General Election," accessed June 13, 2014
  7. The Hill, "GOP triggers 'nuclear option' to speed up Trump picks," April 3, 2019
  8. Axios, "Senate GOP invokes 'nuclear option' to speed up confirmations of Trump nominees," April 3, 2019
  9. NBC News, "McConnell to use 'nuclear option' to confirm lower-level nominees," April 2, 2019
  10. Congress.gov, "PN1805 — Wendy Williams Berger — The Judiciary," accessed October 29, 2018
  11. U.S. Senate Judiciary Committee, "Results of Executive Business Meeting," February 7, 2019
  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, 115th Congress," accessed October 29, 2018
  15. The Florida Bar, "2014 Merit Retention Poll," accessed September 9, 2014
  16. Florida Division of Elections, "2012 Candidate Listing"
  17. 17.0 17.1 Seventh Judicial Circuit Court, "Judge Wendy W. Berger"
  18. Martindale.com, "Judge Profile: Wendy W. Berger"
  19. Senate Judiciary Committee, "Questionnaire for judicial nominees: Wendy Williams Berger," accessed July 29, 2019
  20. 7th Judicial Circuit Court: The Docket Call, "Judge Berger sworn in at investiture ceremony," October 2005
  21. The Florida Times-Union: Jacksonville Journal, "Jacksonville nominee named to court vacancy," May 3, 2005
  22. Florida Times-Union, "St. Johns judge with reputation for tough sentences moving to new job," November 11, 2012

Political offices
Preceded by
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United States District Court for the Middle District of Florida
2019-Present
Succeeded by
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Preceded by
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Florida 5th District Court of Appeal
2012-2019
Succeeded by
-