Frank W. Volk

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Frank W. Volk

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Nonpartisan

United States District Court for the Southern District of West Virginia
Tenure

2019 - Present

Years in position

5

Prior offices
United States Bankruptcy Court Southern District of West Virginia

Education

Bachelor's

West Virginia University, 1989

Law

West Virginia University College of Law, 1992

Personal
Birthplace
Morgantown, W.Va.

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Frank William Volk is the chief judge on the United States District Court for the Southern District of West Virginia. On April 4, 2019, President Donald Trump (R) nominated Volk as an Article III judge to this court. The United 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 by Donald Trump, click here.

The United States District Court for the Southern District of West Virginia 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.

Volk was the chief judge of the United 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

See also: Federal judges nominated by Donald Trump

On April 4, 2019, President Donald Trump (R) nominated Volk as an Article III judge on the United States District Court for the Southern District of West Virginia.[1] To read more about the federal nominations process, click here.

Nomination Tracker
Fedbadgesmall.png
Nominee Information
Name: Frank W. Volk
Court: United States District Court for the Southern District of West Virginia
Progress
Confirmed 195 days after nomination.
ApprovedANominated: April 4, 2019
ApprovedAABA Rating: Unanimously qualified
Questionnaire: Questionnaire
ApprovedAHearing: May 22, 2019
QFRs: QFRs (Hover over QFRs to read more)
ApprovedAReported: June 20, 2019 
ApprovedAConfirmed: October 16, 2019
ApprovedAVote: 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
Electiondot.png Democratic 40 0 5
Ends.png Republican 51 0 2
Grey.png Independent 1 0 1
Total 92 0 8
Change in Senate rules
See also:
Filibuster and reconciliation in the United States Congress
Federal judges nominated by Donald Trump
United States federal courts

Volk 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.[4]

The change was passed under a procedure, often referred to as the nuclear option, that requires 51 votes rather than 60.[5]

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


Senate Judiciary Committee hearing

The Senate 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, President Donald Trump (R) announced his intent to nominate Volk as an Article III judge on the United 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 Judge John Copenhaver, who assumed senior 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] ”

The American Bar Association unanimously rated Volk qualified for the position.[12] To read more about ABA ratings, click here.

United States bankruptcy court, Southern District of West Virginia (2015-2019)

The United States Court of Appeals for the 4th Circuit appointed Volk as the chief judge on the United States bankruptcy court, Southern District of West Virginia on October 15, 2015.[3][10][13]

Early life and education

Volk was born in Morgantown, West Virginia, in 1965. He obtained a B.A. from West Virginia University (WVU) in 1989. He received a J.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 the West Virginia Law Review.[9][10][13]

Professional career

About the court

Southern District of West Virginia
Fourth Circuit
WVSD.gif
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:
John Copenhaver, David Faber


The United States District Court for the Southern District of West Virginia is one of 94 United States district courts. When decisions of the court are appealed, they are appealed to the United States Court of Appeals for the Fourth Circuit, based in downtown Richmond, Virginia, at the Lewis F. Powell Federal Courthouse.

The Southern District of West Virginia has original 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 23 counties in the southern part of the state of West Virginia with facilities in Charleston, Bluefield, Huntington, and Beckley. 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 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 1.2 1.3 Congress.gov, "PN559 — Frank William Volk — The Judiciary," accessed April 5, 2019
  2. ↑ The Federal Judicial Center, "Volk, Frank William," accessed September 17, 2024
  3. ↑ 3.0 3.1 United States Courts, "Judicial milestones - Frank W. Volk," October 9, 2015
  4. ↑ The Hill, "GOP triggers 'nuclear option' to speed up Trump picks," April 3, 2019
  5. ↑ Axios, "Senate GOP invokes 'nuclear option' to speed up confirmations of Trump nominees," April 3, 2019
  6. ↑ NBC News, "McConnell to use 'nuclear option' to confirm lower-level nominees," April 2, 2019
  7. ↑ U.S. Senate Committee on the Judiciary, "Nominations," May 22, 2019
  8. ↑ U.S. Senate Committee on the Judiciary, "Results of Executive Business Meeting," June 20, 2019
  9. ↑ 9.0 9.1 The White House, "President Donald J. Trump Announces Judicial Nominees and United States Marshal Nominee," April 2, 2019
  10. ↑ 10.0 10.1 10.2 10.3 Shelley Moore Capito, "Capito statement on nomination of Frank Volk as judge for Southern District of West Virginia," April 2, 2019
  11. ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  12. ↑ American Bar Association, "Ratings of Article III and Article IV judicial nomines," May 21, 2019
  13. ↑ 13.0 13.1 13.2 Senate 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
-


West Virginia courts

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

State resources:

Courts in West Virginia • West Virginia judicial elections • Judicial selection in West Virginia

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