Thomas Marcelle

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Thomas Marcelle
Image of Thomas Marcelle

Education

Bachelor's

Bowdoin College, 1984

Law

Cornell Law School, 1988

Personal
Birthplace
Albany, N.Y.


As of 2019, Thomas Marcelle was a judge on the Cohoes City Court in Albany County, New York.[1]

On November 13, 2018, President Donald Trump (R) nominated Marcelle to a seat on the United States District Court for the Northern District of New York.[2] Marcelle withdrew his name from consideration in June 2019.[3] Click here for more information on Marcelle's federal judicial nomination.

The United States District Court for the Northern District of New York 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.

Judicial nominations and appointments

United States District Court for the Northern District of New York (2018-2019)

See also: Federal judges nominated by Donald Trump

On November 13, 2018, President Donald Trump (R) nominated Marcelle to a seat on the United States District Court for the Northern District of New York.[2] To read more about the federal nominations process, click here.

Nomination Tracker
Fedbadgesmall.png
Nominee Information
Name: Thomas Marcelle
Court: United States District Court for the Northern District of New York
Progress
Withdrawn 310 days after nomination.
ApprovedANominated: November 13, 2018
ApprovedAABA Rating: Unanimously well qualified
Questionnaire: Questionnaire
DefeatedAHearing:
QFRs: (Hover over QFRs to read more)
DefeatedAReported:  
DefeatedAConfirmed:
DefeatedAWithdrawn: September 19, 2019

Nomination

Marcelle was nominated to replace Judge Gary Sharpe, who assumed senior status on January 1, 2016.[2]

At the sine die adjournment of the 115th Congress on January 3, 2019, the Senate returned Marcelle's nomination to President Trump.[4] Marcelle was one of 51 individuals the president re-nominated on January 23, 2019.[5]

Marcelle withdrew his name from consideration in June 2019.[3] The White House officially notified the U.S. Senate of the withdrawal on September 19, 2019.[6]

The American Bar Association unanimously rated Marcelle well qualified for the position.[7] To read more about ABA ratings, click here.

Opposition from home-state senator

See also: Blue slip (federal judicial nominations)

Senator Kirsten Gillibrand (D-N.Y.) withheld a blue slip from Marcelle's nomination. A spokesperson for the senator said Gillibrand had "concerns with (Marcelle's) record on reproductive rights."[3]


United States District Court for the Northern District of New York (2008-2009)

See also: Federal judges nominated by George W. Bush

On July 31, 2008, President George W. Bush (R) nominated Marcelle to a seat on the United States District Court for the Northern District of New York.[8] To read more about the federal nominations process, click here.

Nomination

Marcelle was nominated to replace Judge Frederick Scullin, who assumed senior status on March 13, 2006. At the sine die adjournment of the 110th Congress on January 2, 2009, the Senate returned Marcelle's nomination to the president.[9][8]

The American Bar Association rated Marcelle well qualified by a majority and qualified by a minority for the position.[10] To read more about ABA ratings, click here.

Education

Marcelle earned a B.A. in physics from Bowdoin College in 1984. He obtained a J.D., magna cum laude, from Cornell Law School in 1988. During his legal studies, Marcelle served on the Cornell Law Review.[1][11]

Professional career

About the court

Northern District of New York
Second Circuit
NDNY Seal.gif
Judgeships
Posts: 5
Judges: 5
Vacancies: 0
Judges
Chief: Brenda K. Sannes
Active judges: Anthony Brindisi, Elizabeth Coombe, Mae A. D'Agostino, Anne M. Nardacci, Brenda K. Sannes

Senior judges:
David Hurd, Lawrence Kahn, Thomas McAvoy, Frederick Scullin, Glenn Suddaby


The United States District Court for the Northern District of New York is one of 94 United States district courts. The court operates in five locations: Albany, Binghamton, Plattsburgh, Syracuse, and Utica, New York. When decisions of the court are appealed, they are appealed to the United States Court of Appeals for the Second Circuit based in Lower Manhattan at the Daniel Patrick Moynihan Federal Courthouse.

The Northern District of New York has original jurisdiction over cases filed within its jurisdiction. These cases can include civil and criminal matters that fall under federal law. The court has five locations in Albany, Binghamton, Plattsburgh, Syracuse and Utica.

The geographic jurisdiction of the Northern District of New York consists of all the following counties in the northern part of the state of New York.

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 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
  2. ↑ 2.0 2.1 2.2 Congress.gov, "PN2593 — Thomas Marcelle — The Judiciary," accessed April 16, 2019
  3. ↑ 3.0 3.1 3.2 Times Union, "Gillibrand blocked judge's nomination to federal bench," August 29, 2019
  4. ↑ 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
  5. ↑ WhiteHouse.gov, "Nominations Sent to the Senate," January 23, 2019
  6. ↑ "search"%3A%5B"Thomas+Marcelle"%5D%7D&s=2&r=1 Congress.gov, "PN235 — Thomas Marcelle — The Judiciary," accessed September 20, 2019
  7. ↑ American Bar Association, "Ratings of Article III and Article IV judicial nominees: 116th Congress," accessed September 3, 2019
  8. ↑ 8.0 8.1 Congress.gov, "PN1962 — Thomas Marcelle — The Judiciary," accessed September 3, 2019
  9. ↑ 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
  10. ↑ American Bar Association, "Ratings of Article III and Article IV judicial nominees: 110th Congress," accessed September 3, 2019
  11. ↑ 11.0 11.1 New York Courts, "Hon. Thomas Marcelle," accessed October 12, 2018

New York courts

Federal courts:

Second Circuit Court of Appeals • U.S. District Court: Eastern District of New York, Western District of New York, Northern District of New York, Southern District of New York • U.S. Bankruptcy Court: Eastern District of New York, Western District of New York, Northern District of New York, Southern District of New York

State courts:

New York Court of Appeals • New York Supreme Court, Appellate Division • New York Supreme Court • New York County Courts • New York City Courts • New York Town and Village Courts • New York Family Courts • New York Surrogates' Courts • New York City Civil Court • New York City Criminal Courts • New York Court of Claims • New York Problem Solving Courts

State resources:

Courts in New York • New York judicial elections • Judicial selection in New York

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