Mary McElroy

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Mary McElroy
Image of Mary McElroy

Nonpartisan

United States District Court for the District of Rhode Island
Tenure

2019 - Present

Years in position

5

Education

Bachelor's

Providence College, 1987

Law

Suffolk University Law School, 1992

Personal
Birthplace
Providence, R.I.

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Mary S. McElroy is a judge on the United States District Court for the District of Rhode Island. On April 12, 2018, President Donald Trump (R) nominated McElroy to a seat on this court.[1] The U.S. Senate confirmed McElroy by voice vote on September 11, 2019.[2] She received commission on September 30, 2019.[3] To see a full list of judges appointed by Donald Trump, click here.

The United States District Court for the District of Rhode Island 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.

Previously, on September 8, 2015, President Barack Obama (D) nominated McElroy to the United States District Court for the District of Rhode Island.[4] On January 3, 2017, McElroy's nomination was returned to President Obama at the sine die adjournment of the 114th Congress.[5]

McElroy was a public defender for the Rhode Island Public Defender's Office from 2012 to 2019.[6]

Judicial nominations and appointments

United States District Court for the District of Rhode Island (2019-present)

See also: Federal judges nominated by Donald Trump

On April 12, 2018, President Donald Trump (R) nominated McElroy to a seat on the United States District Court for the District of Rhode Island.[1] The U.S. Senate confirmed McElroy by voice vote on September 11, 2019.[2] To read more about the federal nominations process, click here.

Nomination Tracker
Fedbadgesmall.png
Nominee Information
Name: Mary McElroy
Court: United States District Court for the District of Rhode Island
Progress
Confirmed 517 days after nomination.
ApprovedANominated: April 12, 2018
ApprovedAABA Rating: Unanimously qualified
Questionnaire: Questionnaire
ApprovedAHearing: No hearing held
QFRs: (2015) QFRs (Hover over QFRs to read more)
ApprovedAReported: October 11, 2018 (first)
June 20, 2019 (second) 
ApprovedAConfirmed: September 11, 2019
ApprovedAVote: Voice vote

Confirmation vote

The U.S. Senate confirmed McElroy on September 11, 2019, by voice vote.[2]

Change in Senate rules
See also:
Filibuster and reconciliation in the United States Congress
Federal judges nominated by Donald Trump
United States federal courts

McElroy 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.[7]

The change was passed under a procedure, often referred to as the nuclear option, that requires 51 votes rather than 60.[8]

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


Senate Judiciary Committee vote

On October 11, 2018, the Senate Judiciary Committee voted 19-2 to advance McElroy's nomination to the full Senate.[10] The committee voted a second time, 19-3, on June 20, 2019, to advance McElroy's nomination to the full Senate.[11]

Nomination

On April 12, 2018, President Donald Trump (R) nominated McElroy to a seat on the United States District Court for the District of Rhode Island. McElroy was nominated to succeed Judge Mary Lisi, who assumed senior status on October 1, 2015.[1]

At the sine die adjournment of the 115th Congress on January 3, 2019, the Senate returned McElroy's nomination to the president.[1][12]

Trump announced his intent to renominate McElroy on April 8, 2019.[13] The second nomination was officially sent to the Senate on May 21, 2019.[14]

The American Bar Association unanimously rated McElroy qualified for the position.[15] To read more about ABA ratings, click here.

United States District Court for the District of Rhode Island (2015)

See also: Federal judges nominated by Barack Obama

On September 8, 2015, President Barack Obama (D) nominated McElroy to the United States District Court for the District of Rhode Island.[4] To read more about the federal nominations process, click here.

Senate Judiciary Committee hearing

On December 9, 2015, the Senate Judiciary Committee held hearings on McElroy's nomination. The committee voted by voice vote to advance her nomination to the full U.S. Senate on January 28, 2016.[5][16]

  • Click here to access McElroy's committee questionnaire.
  • Click here to access McElroy's questions for the record.

Nomination

President Barack Obama (D) nominated McElroy on September 8, 2015. McElroy was nominated to succeed Judge Mary Lisi, who assumed senior status on October 1, 2015.[5]

At the sine die adjournment of the 114th Congress on January 3, 2017, the Senate returned McElroy's nomination to the president.[5][12]

The American Bar Association unanimously rated McElroy qualified for the position.[17] To read more about ABA ratings, click here.

Early life and education

McElroy was born in 1965 in Providence, Rhode Island. McElroy earned her B.A. from Providence College in 1987 and her J.D. from Suffolk University Law School in 1992.[6][4]

Professional career

Awards and associations

Awards

  • 2015: Rhode Island Coalition for the Homeless Advocacy Award[6]

Associations

  • Member, Federal Bar Association, Rhode Island Chapter
  • Member, Rhode Island Bar Association
  • 2014-present: Member, National Association of Public Defense
  • 2013-present: Member, Rhode Island Attorney General's Criminal Justice Hall of Fame Committee
  • 2012-present: Member, Rhode Island Criminal Justice Policy Board
  • 1996-present: Member, Rhode Island Association of Criminal Defense Lawyers
    • 2012-2014: President
    • 2008-2010: Communications secretary
    • 1998-2000: Corresponding secretary
    • 2013-2016: Municipal Court Incarceration Working Group[6]

About the court

District of Rhode Island
First Circuit
Great seal of the United States.png
Judgeships
Posts: 3
Judges: 3
Vacancies: 0
Judges
Chief: John J. McConnell, Jr.
Active judges: John McConnell, Mary McElroy, William E. Smith

Senior judges:
Ronald Lagueux, Mary Lisi


The United States District Court for the District of Rhode Island 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 First Circuit based in downtown Boston at the John Joseph Moakley Federal Courthouse.

The District of Rhode Island has original jurisdiction over cases filed within its jurisdiction. These cases can include civil and criminal matters that fall under federal law.

The jurisdiction of the District of Rhode Island consists of all the counties in the state of Rhode Island.

To read opinions published by this court, click here.

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, "PN1840 — Mary S. McElroy — The Judiciary," accessed April 9, 2019
  2. ↑ 2.0 2.1 2.2 Congress.gov, "PN779 — Mary S. McElroy — The Judiciary," accessed September 12, 2019
  3. ↑ Federal Judicial Center, "McElroy, Mary Susan," accessed October 3, 2019
  4. ↑ 4.0 4.1 4.2 4.3 The White House, "President Obama Nominates Three to Serve on the United States District Courts," September 8, 2015
  5. ↑ 5.0 5.1 5.2 5.3 United States Congress, "PN 775 — Mary S. McElroy — The Judiciary," accessed January 3, 2017
  6. ↑ 6.0 6.1 6.2 6.3 U.S. Senate Committee on the Judiciary, "Questionnaire for judicial nominees: Mary McElroy," accessed April 9, 2019
  7. ↑ The Hill, "GOP triggers 'nuclear option' to speed up Trump picks," April 3, 2019
  8. ↑ Axios, "Senate GOP invokes 'nuclear option' to speed up confirmations of Trump nominees," April 3, 2019
  9. ↑ NBC News, "McConnell to use 'nuclear option' to confirm lower-level nominees," April 2, 2019
  10. ↑ Senate Judiciary Committee, "Results of the Executive Business Meeting," October 11, 2018
  11. ↑ U.S. Senate Committee on the Judiciary, "Results of Executive Business Meeting," June 20, 2019
  12. ↑ 12.0 12.1 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
  13. ↑ White House, "President Donald J. Trump Announces Judicial Nominations," April 8, 2019
  14. ↑ White House, "Twelve Nominations Sent to the Senate," May 21, 2019
  15. ↑ American Bar Association, "Ratings of Article III and Article IV judicial nominees, 115th Congress," accessed October 11, 2018
  16. ↑ U.S. Senate Committee on the Judiciary, "Results of the Executive Business Meeting," January 28, 2016
  17. ↑ American Bar Association, "Ratings of Article III and Article IV judicial nominees, 114th Congress," accessed April 9, 2019

Political offices
Preceded by
- 		United States District Court for the District of Rhode Island
2019-Present		 Succeeded by
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