Biden nominee, Kevin Ritz, set for Senate confirmation vote. What to know about the Memphis prosecutor

President Joe Biden's nominee for the soon-to-be vacant Sixth Circuit Court of Appeals judge position is nearing a confirmation vote on the Senate floor.

It is not exactly clear when current U.S. Attorney for the Western District of Tennessee Kevin Ritz — based in Memphis — will see his nomination taken up by the Senate, but the vote has been placed on the executive calendar after a committee vote in early May.

Here is what you need to know about Ritz, the Sixth Circuit Court of Appeals and the judge vacating the bench ahead of the confirmation vote.

United States Attorney for the Western District of Tennessee Kevin Ritz speaks while surrounded by FBI Memphis Special Agent in Charge Douglas DePodesta, Acting Assistant Attorney General of the Justice Department’s Criminal Division Nicole Argentieri and ATF Director Steven Dettelbach at a press conference announcing the Violent Crime Initiative is being brought to Memphis in Memphis, Tenn., on Tuesday, November 28, 2023.

Who is Kevin Ritz?

Ritz is the current U.S. Attorney for the Western District of Tennessee, making him the top federal prosecutor in West Tennessee. He was nominated to the role by Biden in July 2022 and the Senate confirmed his nomination in September that same year.

Born and raised in Memphis, Ritz graduated from White Station High School and went on to attend the University of Virginia.

From 2002 until 2005, Ritz clerked for Judge Julia Gibbons on the Sixth Circuit Court. If confirmed, Ritz will be taking Gibbons' position on the bench.

U.S. Attorney General for the Western District of Tennessee Kevin Ritz speaks during a press conference announcing that an indictment is pending in federal court for the five now-former Memphis police officers involved in the Tyre Nichols case in Memphis, Tenn., on Tuesday, September 12, 2023.
U.S. Attorney General for the Western District of Tennessee Kevin Ritz speaks during a press conference announcing that an indictment is pending in federal court for the five now-former Memphis police officers involved in the Tyre Nichols case in Memphis, Tenn., on Tuesday, September 12, 2023.

Ritz began working in the U.S. Attorney's Office in the Western District of Tennessee in 2005, holding a number of positions including appellate chief from 2018 until 2022, criminal appellate chief from 2010 to 2018 and special counsel to the U.S. Attorney from 2011 until 2022.

As U.S. Attorney, he spearheaded the federal criminal case against five Memphis police officers charged with violating Tyre Nichols' civil rights, was part of the announcement that the Department of Justice had launched a pattern-or-practice investigation into the Memphis Police Department and brought a new program to Memphis that targets organized crime.

Where does Ritz's confirmation stand?

Ritz was nominated by Biden in late March. A hearing happened in mid-April, and a subsequent committee vote sent the confirmation to a full Senate confirmation vote.

Senate Republicans on the Judiciary Committee grilled Ritz over a complaint filed with the Office of Professional Responsibility that alleged he did not act ethically when prosecuting a case. He also faced questions over promoting a federal prosecutor who was facing allegations of unethical conduct.

Ritz said he stood by that prosecutor and denied knowing of the OPR complaint. Sen. Dick Durbin, an Illinois Democrat and chairman of the committee, pointed out that the complaint against Ritz was likely not brought to Ritz's attention because it was dismissed by ethics investigators.

Tennessee Republican Sens. Marsha Blackburn and Bill Hagerty have voiced opposition to Ritz being confirmed to the Sixth Circuit, despite supporting his nomination and confirmation to the U.S. Attorney role.

Much of the back-and-forth between Democrats and Republicans during the committee meeting focused on "blue slips," which senators from the home state of a nominee sign in support of a nominee's confirmation. These papers have been a courtesy that would not allow a nominee to move forward without the approval of home-state senators.

U.S. Attorney Kevin G. Ritz can be seen speaking about results from their targeted crime reduction operation during a press conference involving federal and local partners on Friday, October 20, 2023 at the U.S. Attorney’s Office in Downtown Memphis, Tenn.
U.S. Attorney Kevin G. Ritz can be seen speaking about results from their targeted crime reduction operation during a press conference involving federal and local partners on Friday, October 20, 2023 at the U.S. Attorney’s Office in Downtown Memphis, Tenn.

The blue slip policy for circuit court judicial nominations was established under former President Barack Obama's administration but was ended during former President Donald Trump's administration.

Ritz was ultimately confirmed in committee along an 11-10 party-line vote, and his confirmation in a Senate floor vote was placed on the executive calendar.

What is the U.S. Sixth Circuit Court of Appeals?

The Sixth Circuit Court of Appeals is a federal court that hears appeals on cases coming from federal district courts. Tennessee, for example, has three federal district courts — one in West Tennessee, one in Middle Tennessee and one in East Tennessee.

The Sixth Circuit hears cases from multiple states and is charged with hearing appeals coming from Michigan, Ohio, Kentucky and Tennessee.

The court is based in Cincinnati and has 16 judges that sit on the bench. There are currently three judges from Tennessee who sit on the bench. Gibbons, who was appointed in 2002, is from Memphis. Judge Jane Branstetter Stranch, appointed in 2010, is from Nashville. Judge Andre Mathis, appointed in 2022, is also from Memphis.

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Both Gibbons and Stranch are vacating the bench, with Biden nominating, in late May, attorney Karla Campbell of Nashville to fill Stranch's seat.

There are 12 appellate circuit courts, each of which is the final stop before a case can reach the U.S. Supreme Court.

Who would Ritz replace on the Sixth Circuit Court?

Ritz, should he be confirmed on the Senate floor, would replace Gibbons on the bench.

Also a University of Virginia graduate, Gibbons followed a similar path to Ritz after graduating and clerked for Judge William Ernest Miller on the Sixth Circuit Court of Appeals.

She would go on to practice at a private law firm before being brought on as a legal advisor to former Tennessee Gov. Lamar Alexander's staff in 1989.

Alexander appointed Gibbons to the Tennessee Fifteenth Circuit Court in 1981, and she would go on to be elected to the position in 1982. She was the first woman to serve as a trial judge in Tennessee.

In April 1983, Gibbons was nominated by former President Ronald Raegan, and confirmed by the Senate, to the bench in the U.S. District Court for the Western District of Tennessee. She would sit on that bench for nearly two decades, eventually becoming the court's chief judge.

She was nominated by former President George W. Bush to the Sixth Circuit Court of Appeals in 2001 and unanimously confirmed by the Senate. She began that role in 2002.

Lucas Finton is a criminal justice reporter with The Commercial Appeal. HPe can be reached at [email protected], or (901)208-3922, and followed on X, formerly known as Twitter, @LucasFinton.

This article originally appeared on Memphis Commercial Appeal: Biden nominee, Kevin Ritz, nears Senate confirmation vote. What to know