Trump gets to fill vacancy on largest federal trial court in Georgia

Batten was nominated to the bench by former President George W. Bush in 2005 and confirmed by the Senate the following year. He became the court’s chief judge in 2021. He told The Atlanta Journal-Constitution he plans to return to private practice and focus on alternative dispute resolution as an arbitrator or mediator.

“I never forgot what it’s like to be a lawyer,” Batten said Monday when asked what he’s most proud of from his 19 years as a judge. “I hope the lawyers who appeared before me could see that.”

Batten’s replacement will join the four district judges Trump appointed to the court during his first term as well as the three appointed by former President Joe Biden and the three appointed by former President Barack Obama.

The court also has several senior district court judges, who have limited caseloads, as well as magistrate court judges, who can issue warrants and conduct certain hearings.

Batten’s cases will be randomly transferred to the court’s other judges when he retires. He said the cases that stand out to him from over the years include many of the criminal cases he’s presided over.

“I have seen a lot of brokenness, but I hope that we balanced justice and mercy,” the judge said.

In 2023, Batten fined the city of Atlanta $2 million for repeatedly violating his orders about the handling of citizen complaints. The parties in that case agreed in September to try to resolve the dispute, which had been put on hold for mediation.

Batten said he’ll miss “the dedication to justice every single day” that comes with being a judge. He said he’s enjoyed the intellectual challenge and opportunity to work with “brilliant law clerks and outstanding lawyers.”

Before becoming a judge, Batten practiced law at the Atlanta firm Schreeder, Wheeler & Flint for 22 years. He said he’s looking forward to spending more time with his family once he retires.

Carl Tobias, a professor at the University of Richmond School of Law who specializes in federal judicial selection, said it’s likely that Trump will want to move quickly to appoint federal judges, especially in Republican states, like he did in his first term. Tobias said district judges are typically appointed for their competence and ability to move cases rather than their ideology.

There are 42 current federal judge vacancies nationwide and 10 known future vacancies, including Batten’s.

The Northern District of Georgia just welcomed former federal prosecutor Tiffany Johnson as a judge. She was the last of five federal judges appointed by Biden in Georgia. Johnson replaces Judge Steve Jones, who took senior status.

Georgia has two other federal trial courts that take cases from the middle and southern parts of the state.

The Atlanta-based federal appeals court with jurisdiction over Georgia, Alabama and Florida has six Trump-appointed judges. Biden filled two vacancies on that court.