Biden beats Obama’s record for putting public defenders on federal bench

President Joe Biden shattered records this week after the Senate confirmed Lara Montecalvo to the 1st U.S. Circuit Court of Appeals, marking Biden’s sixth confirmed circuit judge with a public defense background and more than any of his predecessors.

Montecalvo’s 52-47 confirmation on Wednesday landed Biden at the top for the most public defenders confirmed to circuit courts, according to the progressive judicial advocacy group Demand Justice. Former President Barack Obama confirmed five former defenders during his two terms, the group said.

Biden has touted his commitment to reforming the judiciary with racial, gender, and professional background diversity in mind. His efforts have included naming more judges with backgrounds in public defense, including his Supreme Court pick, Justice Ketanji Brown Jackson.

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Montecalvo’s background includes her work at the Rhode Island Public Defender’s office, dating back to 2004.

While Montecalvo enjoyed three GOP votes for her confirmation — from Sens. Susan Collins (ME), Lindsey Graham (SC), and Lisa Murkowski (AK) — other Republicans raised alarms over her advocacy during the COVID-19 pandemic to allow for the release of inmates to reduce the risk of transmission in prison.

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One other public defender appellate nominee could be closer to confirmation after the Senate on Wednesday voted to end debate on 2nd Circuit nominee Sarah A.L. Merriam, who previously worked as an assistant federal public defender before she worked as a U.S. district judge. The Senate is expected to take a final vote on her confirmation Thursday.

The Senate now has confirmed 81 judicial candidates nominated by the president. Biden has confirmed 22 circuit court nominees out of the total, with 15 being women and 16 being people of color.

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