Frank W. Volk
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2019 - Present
6
Education
West Virginia University, 1989
West Virginia University College of Law, 1992
Frank William Volk is thechief judge on theUnited States District Court for the Southern District of West Virginia. On April 4, 2019, PresidentDonald Trump (R) nominated Volk as anArticle III judge to this court. TheUnited States Senate confirmed Volk October 16, 2019, by a vote of 92-0.[1] He received commission on October 17, 2019. In 2024, Volk became the chief judge of the court.[2] To see a full list of judges appointed byDonald Trump,click here.
TheUnited States District Court for the Southern District of West Virginia is one of 94U.S. District Courts. They are the generaltrial courts of theUnited States federal courts. To learn more about the court,click here.
Volk was the chief judge of theUnited States Bankruptcy Court for the Southern District of West Virginia from 2015 to 2019.[3]
Judicial nominations and appointments
United States District Court for the Southern District of West Virginia
On April 4, 2019, PresidentDonald Trump (R) nominated Volk as anArticle III judge on theUnited States District Court for the Southern District of West Virginia.[1] To read more about the federal nominations process,click here.
 |
| Nominee Information |
| Name: Frank W. Volk |
| Court:United States District Court for the Southern District of West Virginia |
| Progress |
| Confirmed 195 days after nomination. |
 ANominated: April 4, 2019 |
| AABA Rating:Unanimously qualified |
| Questionnaire:Questionnaire |
| AHearing: May 22, 2019 |
| QFRs:QFRs(Hover over QFRs to read more) |
| AReported: June 20, 2019 |
| AConfirmed: October 16, 2019 |
| AVote: 92-0 |
Confirmation vote
The U.S. Senate confirmed Volk on October 16, 2019 on a vote of 92-0.[1] To see a full breakdown of the vote on the official U.S. Senate website,click here.
| Volk confirmation vote (October 16, 2019) | |||||||||
|---|---|---|---|---|---|---|---|---|---|
| Party | Yea | Nay | No vote | ||||||
 Democratic | 40 | 0 | 5 | ||||||
 Republican | 51 | 0 | 2 | ||||||
 Independent | 1 | 0 | 1 | ||||||
| Total | 92 | 0 | 8 | ||||||
Change in Senate rules
Volk was confirmed to a U.S. District Court under a new precedent the Senate established.
On April 3, 2019, theU.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 todistrict court judgeships from 30 hours after invokingcloture to two.[4]
The change was passed under a procedure, often referred to as thenuclear option, that requires 51 votes rather than 60.[5]
It was the third use of thenuclear option in Senate history. In 2013, it was used to eliminate the 60-vote threshold to confirm presidential nominees, except those to theSupreme Court. In 2017, it was used to eliminate the 60-vote threshold required to confirm Supreme Court nominees.[6] For more, seeFilibuster and reconciliation in the United States Congress.
Senate Judiciary Committee hearing
TheSenate Judiciary Committee held hearings on Volk's nomination on May 22, 2019.[7] The committee voted by voice vote to advance his nomination to the full Senate on June 20, 2019.[8]
Nomination
On April 2, 2019, PresidentDonald Trump (R) announced his intent to nominate Volk as anArticle III judge on theUnited States District Court for the Southern District of West Virginia.[9] Volk's nomination was received in the Senate on April 4.[1]
Volk was nominated to succeed JudgeJohn Copenhaver, who assumedsenior status on November 1, 2018.[10]
Sen.Shelley Moore Capito (R-W.Va.) expressed support for Volk's nomination. Capito said in a statement:[10]
| “ | Frank has served West Virginia honorably as a bankruptcy judge and as a law clerk to several of our state’s most distinguished jurists. He has demonstrated his commitment to treating litigants fairly and upholding the rule of law through his years of service to our federal courts. Frank’s temperament, extensive background, and legal expertise make him well-suited for a promotion to the District Court bench.[11] | ” |
TheAmerican Bar Association unanimously rated Volkqualified for the position.[12] To read more about ABA ratings,click here.
United States bankruptcy court, Southern District of West Virginia (2015-2019)
TheUnited States Court of Appeals for the 4th Circuit appointed Volk as the chief judge on theUnited States bankruptcy court, Southern District of West Virginia on October 15, 2015.[3][10][13]
Early life and education
Volk was born inMorgantown, West Virginia, in 1965. He obtained a B.A. from West Virginia University (WVU) in 1989. He received aJ.D. from the WVU College of Law, where he was Order of the Coif, in 1992. During his legal studies, Volk also served as editor-in-chief of theWest Virginia Law Review.[9][10][13]
Professional career
- 2019-present: Judge,U.S. District Court for the Southern District of West Virginia
- 2024-present: Chief judge
- 2015-2019:Chief judge,United States bankruptcy court, Southern District of West Virginia
- 1995-2015:United States District Court for the Southern District of West Virginia
- 20014-2015: Law clerk to JudgeJohn Copenhaver
- 1995-2004: Law clerk to JudgeCharles Haden
- 1994-1995: Law clerk to JudgeMargaret Workman,West Virginia Supreme Court of Appeals
- 1994: Associate, Steptoe & Johnson PLLC
- 1993-1994: Law clerk to JudgeBlane Michael,United States Court of Appeals for the 4th Circuit
- 1992-1993: Law clerk to Judge Haden, U.S. District Court for the Southern District of West Virginia[13]
About the court
| Southern District of West Virginia |
|---|
| Fourth Circuit |
 |
| Judgeships |
| Posts: 5 |
| Judges: 5 |
| Vacancies: 0 |
| Judges |
| Chief:Frank W. Volk |
| Active judges:Irene Berger,Robert Chambers,Joseph Goodwin,Thomas Johnston,Frank W. Volk Senior judges: |
TheUnited States District Court for the Southern District of West Virginia is one of 94United States district courts. When decisions of the court are appealed, they are appealed to theUnited States Court of Appeals for the Fourth Circuit, based in downtownRichmond, Virginia, at the Lewis F. Powell Federal Courthouse.
The Southern District of West Virginia hasoriginal 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 West Virginia consists of 23counties in the southern part of the state ofWest Virginia with facilities inCharleston,Bluefield,Huntington, andBeckley.Click here for a list of the counties in the district's jurisdiction.
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 theSenate 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 ablue 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
- United States bankruptcy court, Southern District of West Virginia
- United States District Court for the Southern District of West Virginia
- United States Court of Appeals for the 4th Circuit
External links
Officeholder United States District Court for the Southern District of West Virginia |
- Biography from theFederal Judicial Center
- United States Bankruptcy Court, Southern District of West Virginia
- United States District Court for the Southern District of West Virginia
- United States Court of Appeals for the 4th Circuit
- White House press release announcing Volk nomination (2019)
Footnotes
- ↑1.01.11.21.3Congress.gov, "PN559 — Frank William Volk — The Judiciary," accessed April 5, 2019
- ↑The Federal Judicial Center, "Volk, Frank William," accessed September 17, 2024
- ↑3.03.1United States Courts, "Judicial milestones - Frank W. Volk," October 9, 2015
- ↑The Hill, "GOP triggers 'nuclear option' to speed up Trump picks," April 3, 2019
- ↑Axios, "Senate GOP invokes 'nuclear option' to speed up confirmations of Trump nominees," April 3, 2019
- ↑NBC News, "McConnell to use 'nuclear option' to confirm lower-level nominees," April 2, 2019
- ↑U.S. Senate Committee on the Judiciary, "Nominations," May 22, 2019
- ↑U.S. Senate Committee on the Judiciary, "Results of Executive Business Meeting," June 20, 2019
- ↑9.09.1The White House, "President Donald J. Trump Announces Judicial Nominees and United States Marshal Nominee," April 2, 2019
- ↑10.010.110.210.3Shelley Moore Capito, "Capito statement on nomination of Frank Volk as judge for Southern District of West Virginia," April 2, 2019
- ↑Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑American Bar Association, "Ratings of Article III and Article IV judicial nomines," May 21, 2019
- ↑13.013.113.2Senate Judiciary Committee, "Questionnaire for Judicial Nominees: Frank William Volk," accessed October 17, 2019
| Political offices | ||
|---|---|---|
| Preceded by - | United States District Court for the Southern District of West Virginia 2019-Present | Succeeded by - |
| Preceded by - | United States Bankruptcy Court Southern District of West Virginia 2015-2019 | Succeeded by - |
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Federal courts:
Fourth Circuit Court of Appeals • U.S. District Court:Northern District of West Virginia,Southern District of West Virginia • U.S. Bankruptcy Court:Northern District of West Virginia,Southern District of West Virginia
State courts:
Supreme Court of Appeals of West Virginia•West Virginia Intermediate Court of Appeals•West Virginia Circuit Courts•West Virginia Family Courts•West Virginia Magistrate Courts•West Virginia Municipal Courts
State resources:
Courts in West Virginia •West Virginia judicial elections •Judicial selection in West Virginia
- Pages using DynamicPageList3 parser function
- Appointed by Donald Trump
- Appointed by United States Court of Appeals for the 4th Circuit
- Chief judge
- Chief judge, United States District Court for the Southern District of West Virginia
- Confirmed 2019
- Federal Article III judges
- Federal judge, United States District Court for the Southern District of West Virginia
- Federal judiciary nominee, April 2019
- Former federal bankruptcy court judge, Southern District of West Virginia
- Former federal bankruptcy court judges
- West Virginia
- Federal judge, Southern District of West Virginia
- Chief judge, Southern District of West Virginia
