Sioux Falls, South Dakota – The search for two federal judges to fill vacancies in South Dakota’s U.S. District Court has gained momentum with the emergence of a new candidate. Camela Theeler, a state circuit court judge and former assistant U.S. attorney, is being considered by President Joe Biden’s administration for a lifetime federal appointment. Theeler’s potential nomination, along with that of Sioux Falls lawyer Eric Schulte, could help alleviate the strain on the crowded federal court docket.
Theeler, 48, has been designated as an acceptable choice by Republican U.S. Sens. John Thune and Mike Rounds for the South Dakota district. Schulte has already passed the vetting process, while Theeler’s review is currently underway. The nominations of both candidates are expected to be announced in February, followed by hearings before the Senate Judiciary Committee and a confirmation vote.
Born and raised in Pierre, South Dakota, Theeler graduated from the University of South Dakota School of Law in 2000. She worked as an assistant U.S. attorney in the civil division of the U.S. attorney’s office before being appointed as a judge in South Dakota’s Second Judicial Circuit in 2018.
The vacancies in South Dakota’s federal court have posed challenges, leading to the involvement of out-of-state judges. The district’s four divisions, located in Sioux Falls, Aberdeen, Pierre, and Rapid City, handled a total of 931 criminal and civil cases in 2023, an increase from the previous year. With two active judges and two judges on senior status, the caseload has been distributed among them.
Theeler and Schulte’s nominations are the result of months of negotiation between the White House and the offices of Thune and Rounds. The involvement of the Republican senators, along with the perceived political centrism of the candidates, is expected to expedite the confirmation process, which had previously stalled.
South Dakota Democrats have had limited involvement in the process, as the state lacks a Democratic Party standard-bearer to champion qualified candidates. The Biden administration has prioritized diversity in judicial appointments, particularly women and people of color with civil rights experience. However, finding candidates who meet these criteria and are acceptable to the Republican senators has proven challenging.
Timing is crucial in the nomination process, especially in an election year where changes in presidential and Senate control could complicate negotiations. The hope is to have the judges confirmed before the general election cycle gains momentum, ensuring a smooth process.
Theeler and Schulte both bring a wealth of legal experience to their potential roles as federal judges. Theeler comes from a family immersed in the legal profession, with her husband and father-in-law both having graduated from the University of South Dakota School of Law. She has presided over notable cases, including the sentencing of a young man involved in riots near the Empire Mall in Sioux Falls.
The nomination of Theeler and Schulte represents an important step towards filling the longstanding vacancies in South Dakota’s U.S. District Court. Their confirmations would alleviate the strain on the court’s docket and bring fresh perspectives to the bench. The legal community in South Dakota is eagerly anticipating the official appointments, which are expected to be announced in the coming months.