Wendy W. Berger
Wendy W. Berger is a judge on theUnited States District Court for the Middle District of Florida. On April 11, 2018, PresidentDonald Trump (R) nominated Berger to a seat on this court.[1] TheUnited 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 byDonald Trump,click here.
TheUnited States District Court for the Middle District of Florida 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.
Berger was a judge on theFifth District Court of Appeal inFlorida. She was appointed by GovernorRick Scott (R) onAugust 21, 2012, to replace JudgeDavid Monaco.[4][5] She successfully ran forretention in 2014.[6]
Judicial nominations, appointments, and elections
United States District Court for the Middle District of Florida (2019-present)
On April 11, 2018, PresidentDonald Trump (R) nominated Berger to a seat on this court.[1] TheUnited 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.
 |
| Nominee Information |
| Name: Wendy W. Berger |
| Court:United States District Court for the Middle District of Florida |
| Progress |
| Confirmed 469 days after nomination. |
 ANominated: April 11, 2018 |
| AABA Rating:Majority Qualified/Minority Well Qualified |
| Questionnaire:Questionnaire |
| AHearing: October 17, 2018 |
| QFRs:QFRs(Hover over QFRs to read more) |
| AReported: February 7, 2019 |
| AConfirmed: July 24, 2019 |
| AVote: 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 | ||||||
 Democratic | 3 | 36 | 6 | ||||||
 Republican | 51 | 0 | 2 | ||||||
 Independent | 0 | 1 | 1 | ||||||
| Total | 54 | 37 | 9 | ||||||
Change in Senate rules
Berger 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.[7]
The change was passed under a procedure, often referred to as thenuclear option, that requires 51 votes rather than 60.[8]
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.[9] For more, seeFilibuster and reconciliation in the United States Congress.
Senate Judiciary Committee hearing
TheSenate Judiciary Committee held hearings on Berger's nomination on October 17, 2018.[10]
TheSenate 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 theUnited States District Court for the Middle District of Florida.[1] She was nominated to succeed JudgeJohn Steele, who assumedsenior status on June 3, 2015.
At thesine die adjournment of the115th 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]
TheAmerican Bar Association rated Bergerqualified by a majority andwell qualified by a minority for the position.[14]
Florida Fifth District Court of Appeal (2012-2019)
Berger was a judge on theFifth District Court of Appeal inFlorida. She was appointed by GovernorRick Scott (R) onAugust 21, 2012, to replace JudgeDavid Monaco.[4]
2014 election
- See also:Florida judicial elections, 2014
Berger successfully ran forretention 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 the7th Circuit Court in Florida from 2005 to 2012.
2012 election
- See also:Florida judicial elections, 2012
Berger was unopposed and automatically re-elected to the7th 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 herJ.D. from Florida State University College of Law in 1992. She was admitted to the bar in 1993.[17][18][19]
Professional career
- 2019-present: Judge,U.S. District Court for the Middle District of Florida
- 2012-2019: Judge,Fifth District Court of Appeal
- 2005-2012: Judge,7th Circuit Court
- 2001-2005: Assistant general counsel to GovernorJeb Bush (R)
- 1993-2000: Assistant state attorney,7th Judicial Circuit[4][17][20][21]
Approach to the law
Before her appointment to theFlorida Fifth District Court of Appeal, Berger was a trial court judge on the7th 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
TheUnited States District Court for the Middle District of Florida is one of 94United States district courts. The district has courthouses inFort Myers,Jacksonville,Ocala,Orlando, andTampa. When decisions of the court are appealed, they are appealed to theUnited States Court of Appeals for the Eleventh Circuit based in downtownAtlanta at the Elbert P. Tuttle Federal Courthouse.
The Middle District of Florida hasoriginal 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:
TheFort Myers Division, coveringCharlotte,Collier,DeSoto,Glades,Hendry, andLee counties.
TheJacksonville Division, coveringBaker,Bradford,Clay,Columbia,Duval,Flagler,Hamilton,Nassau,Putnam,St. Johns,Suwannee, andUnion counties.
TheOcala Division, coveringCitrus,Lake,Marion, andSumter counties.
TheOrlando Division, coveringBrevard,Orange,Osceola,Seminole, andVolusia counties.
TheTampa Division, coveringHardee,Hernando,Hillsborough,Manatee,Pasco,Pinellas,Polk, andSarasota 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 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 District Court for the Middle District of Florida
- United States Court of Appeals for the 11th Circuit
External links
- Biography from theFederal Judicial Center
- United States District Court for the Middle District of Florida
- United States Court of Appeals for the 11th Circuit
- Florida Fifth District Court of Appeal
Footnotes
- ↑1.01.11.2White House, "Ten Nominations Sent to the Senate Today," April 11, 2018
- ↑2.02.12.2Congess.gov, "PN219 — Wendy Williams Berger — The Judiciary," accessed July 25, 2019
- ↑Federal Judicial Center, "Berger, Wendy Williams," accessed July 31, 2019
- ↑4.04.14.2The St. Augustine Record, "Judge Berger appointed to 5th District Court of Appeal," August 21, 2012
- ↑Judicial selection in Florida
- ↑6.06.16.2Florida Division of Elections, "Candidate Listing for 2014 General Election," accessed June 13, 2014
- ↑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
- ↑Congress.gov, "PN1805 — Wendy Williams Berger — The Judiciary," accessed October 29, 2018
- ↑U.S. Senate Judiciary Committee, "Results of Executive Business Meeting," February 7, 2019
- ↑Under Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate, pending nominations are returned to the president if the Senate adjournssine die or recesses for more than 30 days.Congressional Research Service, "Senate Consideration of Presidential Nominations: Committee and Floor Procedure," April 11, 2017
- ↑WhiteHouse.gov, "Nominations Sent to the Senate," January 23, 2019
- ↑American Bar Association, "Ratings of Article III and Article IV judicial nominees, 115th Congress," accessed October 29, 2018
- ↑The Florida Bar, "2014 Merit Retention Poll," accessed September 9, 2014
- ↑Florida Division of Elections, "2012 Candidate Listing"
- ↑17.017.1Seventh Judicial Circuit Court, "Judge Wendy W. Berger"
- ↑Martindale.com, "Judge Profile: Wendy W. Berger"
- ↑Senate Judiciary Committee, "Questionnaire for judicial nominees: Wendy Williams Berger," accessed July 29, 2019
- ↑7th Judicial Circuit Court: The Docket Call, "Judge Berger sworn in at investiture ceremony," October 2005
- ↑The Florida Times-Union: Jacksonville Journal, "Jacksonville nominee named to court vacancy," May 3, 2005
- ↑Florida Times-Union, "St. Johns judge with reputation for tough sentences moving to new job," November 11, 2012
| Political offices | ||
|---|---|---|
| Preceded by - | United States District Court for the Middle District of Florida 2019-Present | Succeeded by - |
| Preceded by - | Florida 5th District Court of Appeal 2012-2019 | Succeeded by - |
| |||
|---|---|---|---|
| 2017 | Thomas Parker •Elizabeth Branch •Neil Gorsuch •Amul Thapar •David C. Nye •John K. Bush •Kevin Newsom •Timothy J. Kelly •Ralph Erickson •Scott Palk •Trevor McFadden •Joan Larsen •Amy Coney Barrett •Allison Eid •Stephanos Bibas •Donald Coggins Jr. •Dabney Friedrich •Greg Katsas •Steven Grasz •Don Willett •James Ho •William L. Campbell Jr. •David Stras •Tilman E. Self III •Karen Gren Scholer •Terry A. Doughty •Claria Horn Boom •John Broomes •Rebecca Grady Jennings •Kyle Duncan •Kurt Engelhardt •Michael B. Brennan •Joel Carson •Robert Wier •Fernando Rodriguez Jr. •Annemarie Carney Axon • | ||
| 2018 | Andrew Oldham •Amy St. Eve •Michael Scudder •John Nalbandian •Mark Bennett •Andrew Oldham •Britt Grant •Colm Connolly •Maryellen Noreika •Jill Otake •Jeffrey Beaverstock •Emily Coody Marks •Holly Lou Teeter •Julius Richardson •Charles B. Goodwin •Barry Ashe •Stan Baker •A. Marvin Quattlebaum Jr. •Terry F. Moorer •Susan Baxter •William Jung •Alan Albright •Dominic Lanza •Eric Tostrud •Charles Williams •Nancy E. Brasel •James Sweeney •Kari A. Dooley •Marilyn J. Horan •Robert Summerhays •Brett Kavanaugh •David Porter •Liles Burke •Michael Juneau •Peter Phipps •Lance Walker •Richard Sullivan •Eli Richardson •Ryan Nelson •Chad F. Kenney, Sr. •Susan Brnovich •William M. Ray, II •Jeremy Kernodle •Thomas Kleeh •J.P. Hanlon •Mark Norris •Jonathan Kobes •Michael Brown •David Counts | ||
| 2019 | Eric Miller •Chad Readler •Eric Murphy •Neomi Rao •Paul Matey •Allison Jones Rushing •Bridget S. Bade •Roy Altman •Patrick Wyrick •Holly Brady •David Morales •Andrew Brasher •J. Campbell Barker •Rodolfo Ruiz •Daniel Domenico •Michael Truncale •Michael Park •Joseph Bianco •Raúl Arias-Marxuach •Daniel Collins •Joshua Wolson •Wendy Vitter •Kenneth Kiyul Lee •Kenneth Bell •Stephen Clark •Howard Nielson •Rodney Smith •Jean-Paul Boulee •Sarah Daggett Morrison •Rossie Alston •Pamela A. Barker •Corey Maze •Greg Guidry •Matthew Kacsmaryk •Allen Winsor •Carl Nichols •James Cain, Jr. •Tom Barber •J. Nicholas Ranjan •Clifton L. Corker •Peter Phipps •Daniel Bress •Damon Leichty •Wendy W. Berger •Peter Welte •Michael Liburdi •William Shaw Stickman •Mark Pittman •Karin J. Immergut •Jason Pulliam •Brantley Starr •Brian Buescher •James Wesley Hendrix •Timothy Reif •Martha Pacold •Sean Jordan •Mary Rowland •John M. Younge •Jeff Brown •Ada Brown •Steven Grimberg •Stephanie A. Gallagher •Steven Seeger •Stephanie Haines •Mary McElroy •David J. Novak •Frank W. Volk •Charles Eskridge •Rachel Kovner •Justin Walker •T. Kent Wetherell •Danielle Hunsaker •Lee Rudofsky •Jennifer Philpott Wilson • William Nardini •Steven Menashi •Robert J. Luck •Eric Komitee •Douglas Cole •John Sinatra •Sarah Pitlyk •Barbara Lagoa •Richard Myers II •Sherri Lydon •Patrick Bumatay •R. Austin Huffaker • Miller Baker •Anuraag Singhal •Karen Marston •Jodi Dishman •Mary Kay Vyskocil •Matthew McFarland •John Gallagher •Bernard Jones •Kea Riggs •Robert J. Colville •Stephanie Dawkins Davis •Gary R. Brown •David Barlow • Lewis Liman | ||
| 2020 | Lawrence VanDyke •Daniel Traynor •John Kness •Joshua Kindred •Philip Halpern •Silvia Carreno-Coll •Scott Rash •John Heil •Anna Manasco •John L. Badalamenti •Drew Tipton •Andrew Brasher •Cory Wilson •Scott Hardy •David Joseph •Matthew Schelp •John Cronan •Justin Walker •Brett H. Ludwig •Christy Wiegand •Thomas Cullen •Diane Gujarati •Stanley Blumenfeld •Mark Scarsi •John Holcomb •Stephen P. McGlynn •Todd Robinson •Hala Jarbou •David Dugan •Iain D. Johnston •Franklin U. Valderrama •John Hinderaker •Roderick Young •Michael Newman •Aileen Cannon •James Knepp •Kathryn Kimball Mizelle • Benjamin Beaton • Kristi Johnson •Toby Crouse •Philip Calabrese •Taylor McNeel •Thomas Kirsch •Stephen Vaden •Katherine Crytzer •Fernando Aenlle-Rocha •Charles Atchley •Joseph Dawson | ||
| 2025 | Whitney Hermandorfer •Joshua Divine •Cristian M. Stevens •Zachary Bluestone •Emil Bove •Edward Artau •Kyle Dudek•Maria Lanahan•Jennifer Mascott•Anne-Leigh Gaylord Moe•Chad Meredith•Harold Mooty•Jordan Pratt•Edmund LaCour•Bill Lewis•Eric Tung•Rebecca Taibleson•Joshua D. Dunlap•Bill Mercer•Susan Rodriguez•Robert Chamberlin•Matthew Orso•David Bragdon•Jimmy Maxwell•Lindsey Freeman•William J. Crain | ||
| 2026 | |||
Federal courts:
Eleventh Circuit Court of Appeals • U.S. District Court:Middle District of Florida,Northern District of Florida,Southern District of Florida • U.S. Bankruptcy Court:Middle District of Florida,Northern District of Florida,Southern District of Florida
State courts:
Florida Supreme Court•Florida District Courts of Appeal•Florida Circuit Court•Florida County Court
State resources:
Courts in Florida •Florida judicial elections •Judicial selection in Florida
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- Appointed by Donald Trump
- Confirmed 2019
- Federal Article III judges
- Federal judge, United States District Court for the Middle District of Florida
- Federal judiciary nominee, April 2018
- Florida
- Former state court judge
- Nonpartisan
- Rick Scott, District Court
- Former local judicial candidate
- Successful Florida judicial candidates, 2014
- 2014 retention
- Former Florida intermediate appellate court judges, Fifth District
- Former Florida circuit court judges
- Appointed judges, April 2005
- Jeb Bush, Circuit Court
- Appointed judges, August 2012
- Rick Scott, Court of Appeal
- Florida candidate, Seventh Circuit Court
- Successful Florida judicial candidates, 2012
- Unopposed candidate, FL Circuit 2012
- Federal judiciary nominee, April, 2018
- Federal judge, Middle District of Florida
- Former intermediate appellate court justices
