South Dakota’s federal judge candidates appear before Senate Judicial Committee Wednesday

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South Dakotans Eric Schulte and Judge Camela C. Theeler, judicial nominees to the United States District Court for the District of South Dakota, appeared in front of the U.S. Senate Judicial Committee in a hearing 9 a.m. Wednesday in Washington D.C.

Schulte and Theeler appeared before the judicial committee Wednesday morning along with nominees Sanket J. Bulsara for the Eastern District of New York and Dena M. Coggins for the Eastern District of California. U.S. Senators John Thune and Mike Rounds, who have been a part of the selection and filtering process, were also present to make introductions for the South Dakota candidates.

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“It went very well for the two South Dakota nominees. They had a strong support from the people in South Dakota and really did not receive many difficult questions, especially from GOP Senators who often can be very probing in their questions,” said Carl Tobias from the University of Richmond School of Law, who has been closely studying and following the selection process.

Eric Schulte, a litigation lawyer with Davenport Evans and former president of the State Bar of South Dakota, could be nominated to the federal bench by President Joe Biden as early as January.
Eric Schulte, a litigation lawyer with Davenport Evans and former president of the State Bar of South Dakota, could be nominated to the federal bench by President Joe Biden as early as January.

The hearing started out with introductions of the four nominees, after which they proceeded to take a seat in front of committee members and make their opening statements, then opening the floor for questions. Schulte and Theeler expressed their gratitude and honor for being nominated in their opening statements.

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The committee members covered a range of subjects and issues in their questioning, all aimed at understanding the candidates’ ability to insightfully respond to nuances in the nation’s legal system. The first few moments of questioning touched upon the issue of juvenile youths and their histories of trauma as well as the issue of repercussions of social media in the country today.

A few subject areas that were touched upon were the idea of women competing with men in sports, the consideration of race in college application systems and the importance of language assistance for certain sections of the population while dealing with the legal system.

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The committee also questioned nominees on aspects of their work as federal district judges. From administering justice thoroughly in each case while working through the current overwhelming caseload, handling first amendment cases, to the need for representation and counsel for each individual who appears in court, the nominees’ capabilities were assessed.

“Especially (with) Republican senators, if they see anything that they are concerned about, they will question the nominee. And that’s what you saw with the New York nominee and the California nominee,” said Tobias as an explanation for the ease of questioning Schulte and Theeler received in comparison to their counterparts.

Camela Theeler was sworn in as a judge in the Second Circuit of South Dakota in 2018.
Camela Theeler was sworn in as a judge in the Second Circuit of South Dakota in 2018.

Schulte and Theeler were nominated by President Joe Biden as the two candidates from the state of South Dakota on Feb. 7, according to a press release from the White House. They were nominated in President Biden’s 45th round of nominations for federal judge positions.

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Schulte, a litigation lawyer with Davenport Evans, has served as the law clerk to the South Dakota Second Judicial Circuit in Sioux Falls. Theeler, on the other hand, has served as a judge for the Second Judicial Circuit of the South Dakota Unified Judicial.

The two, who are both Sioux Falls natives as well as University of South Dakota School of Law alumni, made opening statements and then went on to answer questions posed by committee members. This process is to help members report the candidates on a scale of favorable, unfavorable or without recommendation for their nominations.

“I didn’t see anything today that was the slightest bit negative. They answered the questions clearly and comprehensively, and I think it’s a matter of time before they’re confirmed,” said Tobias. “They are, as the senators from the home state and members of the committee said, very experienced. One is a long-time practicing attorney and the other (is) an assistant U.S. attorney and a judge. They have lots of relevant experience.”

This article originally appeared on Sioux Falls Argus Leader: Two South Dakota federal judge nominees appear before judicial committee