Walter David Counts III (born 1961) is a United States district judge of the United States District Court for the Western District of Texas. He was formerly a United States magistrate judge of the same court.
Counts received a Bachelor of Arts degree in 1983 from Texas Tech University. He received a Juris Doctor in 1986 from St. Mary's University School of Law. He began his legal career as an associate at the law firm of Martin,Cox,Greenberg &Jones. From 1987 to 1995,he served as an Assistant District Attorney for the Travis County District Attorney's Office,with the exception of a six-month period from 1990 to 1991,when he worked as a solo practitioner. From 1995 to 2009,he served as an Assistant United States Attorney for the Western District of Texas. From 2009 to 2018,Counts served as a United States magistrate judge of the United States District Court for the Western District of Texas. [1] Concurrently with his other service,Counts has served in the Texas National Guard since 1986,serving as a State Judge Advocate since 2006. He currently holds the rank of colonel. [1]
On March 15,2016,President Barack Obama nominated Counts to serve as a United States District Judge of the United States District Court for the Western District of Texas,to the seat vacated by Judge Robert A. Junell,who assumed senior status on February 13,2015. [2] On September 7,2016,a hearing before the Senate Judiciary Committee was held on his nomination. [3] His nomination expired on January 3,2017,with the end of the 114th Congress.
His renomination was announced on September 7,2017. [4] On September 11,2017,his nomination was officially sent to the Senate. He was renominated to the same seat. [5] On October 26,2017,his nomination was reported out of committee by a voice vote. [6] On January 11,2018,the United States Senate invoked cloture on his nomination by a 90–1 vote. [7] Counts was confirmed later that day by a 96–0 vote. [8] He received his judicial commission on January 17,2018. [9]
On September 19,2022,he declared that felony defendants (i.e. people who are under felony indictment) have a right to buy guns,striking down a federal law that stipulated the opposite. [10]
U.S. President Barack Obama nominated over 400 individuals for federal judgeships during his presidency. Of these nominations,Congress confirmed 329 judgeships,173 during the 111th &112th Congresses and 156 during the 113th and 114th Congresses.
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