Walter David Counts III (born 1961) is aUnited States district judge of theUnited States District Court for the Western District of Texas. He was formerly aUnited States magistrate judge of the same court.
Counts received aBachelor of Arts degree in 1983 fromTexas Tech University. He received aJuris Doctor in 1986 fromSt. Mary's University School of Law. He began his legal career as an associate at thelaw firm of Martin, Cox, Greenberg & Jones. From 1987 to 1995, he served as an Assistant District Attorney for theTravis County District Attorney's Office, with the exception of a six-month period from 1990 to 1991, when he worked as a solo practitioner. From 1995 to 2009, he served as anAssistant United States Attorney for theWestern District of Texas. From 2009 to 2018, Counts served as aUnited States magistrate judge of theUnited States District Court for the Western District of Texas.[1] Concurrently with his other service, Counts has served in theTexas National Guard since 1986, serving as a State Judge Advocate since 2006. He currently holds the rank ofcolonel.[1]
On March 15, 2016, PresidentBarack Obama nominated Counts to serve as a United States District Judge of theUnited States District Court for the Western District of Texas, to the seat vacated by JudgeRobert A. Junell, who assumedsenior status on February 13, 2015.[2] On September 7, 2016, a hearing before theSenate Judiciary Committee was held on his nomination.[3] His nomination expired on January 3, 2017, with the end of the114th Congress.
His renomination was announced on September 7, 2017.[4] On September 11, 2017, his nomination was officially sent to theSenate. He was renominated to the same seat.[5] On October 26, 2017, his nomination was reported out of committee by avoice vote.[6] On January 11, 2018, theUnited States Senate invoked cloture on his nomination by a 90–1 vote.[7] Counts was confirmed later that day by a 96–0 vote.[8] He received his judicial commission on January 17, 2018.[9]
On September 19, 2022, he declared thatfelony defendants (i.e. people who are under felonyindictment) have a right to buy guns, striking down a federal law that stipulated the opposite.[10]
| Legal offices | ||
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| Preceded by | Judge of theUnited States District Court for the Western District of Texas 2018–present | Incumbent |
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