Peter Welte

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Peter Welte
Image of Peter Welte
United States District Court for the District of North Dakota
Tenure

2019 - Present

Years in position

5

Education

Bachelor's

North Dakota State University, 1989

Law

University of North Dakota, 1997

Personal
Birthplace
New Britain, Conn.

Peter D. Welte is the chief judge on the United States District Court for the District of North Dakota. On January 17, 2019, President Donald Trump (R) nominated Welte to a seat on this court. The U.S. Senate confirmed Welte on July 30, 2019, on a vote of 68-22.[1] He received commission on August 5, 2019.[2] To see a full list of judges appointed by Donald Trump, click here.

The United States District Court for the District of North Dakota is one of 94 U.S. district courts. They are the general trial courts of the United States federal courts. To learn more about the court, click here.

Welte was a shareholder in the Vogel Law Firm in Grand Forks, North Dakota, from 2016 to 2019.[3]

Judicial nominations and appointments

U.S. District Court for the District of North Dakota (2019-present)

See also: Federal judges nominated by Donald Trump

On January 17, 2019, President Donald Trump (R) nominated Welte to a seat on the United States District Court for the District of North Dakota. The U.S. Senate confirmed Welte on July 30, 2019, on a vote of 68-22.[1] To read more about the federal nominations process, click here.

Nomination Tracker
Fedbadgesmall.png
Nominee Information
Name: Peter Welte
Court: United States District Court for the District of North Dakota
Progress
Confirmed 194 days after nomination.
ApprovedANominated: January 17, 2019
ApprovedAABA Rating: Unanimously well qualified
Questionnaire: Questionnaire
ApprovedAHearing: February 13, 2019
QFRs: QFRs (Hover over QFRs to read more)
ApprovedAReported: March 7, 2019 
ApprovedAConfirmed: July 30, 2019
ApprovedAVote: 68-22


Confirmation vote

The U.S. Senate confirmed Welte on July 30, 2019, on a vote of 68-22.[1] To see a full breakdown of the vote on the official U.S. Senate website, click here.

Welte confirmation vote (July 30, 2019)
Party Yea Nay No vote
Electiondot.png Democratic 16 22 7
Ends.png Republican 51 0 2
Grey.png Independent 1 0 1
Total 68 22 10
Change in Senate rules
See also:
Filibuster and reconciliation in the United States Congress
Federal judges nominated by Donald Trump
United States federal courts

Welte was confirmed to a U.S. District Court under a new precedent the Senate established.

On April 3, 2019, the U.S. Senate voted 51-48 in favor of a change to chamber precedent lowering the maximum time allowed for debate on executive nominees to posts below the Cabinet level and on nominees to district court judgeships from 30 hours after invoking cloture to two.[4]

The change was passed under a procedure, often referred to as the nuclear option, that requires 51 votes rather than 60.[5]

It was the third use of the nuclear option in Senate history. In 2013, it was used to eliminate the 60-vote threshold to confirm presidential nominees, except those to the Supreme Court. In 2017, it was used to eliminate the 60-vote threshold required to confirm Supreme Court nominees.[6] For more, see Filibuster and reconciliation in the United States Congress.


Senate Judiciary Committee hearing

The Senate Judiciary Committee held hearings on Welte's nomination on February 13, 2019.[1] On March 7, 2019, the committee voted 16-6 to advance Welte's nomination to the full Senate.[7]

Nomination

On January 16, 2019, President Donald Trump (R) announced his intent to nominate Welte to a seat on the United States District Court for the District of North Dakota.[8] The U.S. Senate officially received the nomination on January 17. Welte was nominated to succeed Judge Ralph Erickson, who was elevated to the United States Court of Appeals for the 8th Circuit in 2017.Cite error: Invalid <ref> tag; invalid names, e.g. too many

The American Bar Association unanimously rated Welte well qualified for the position.[9] To read more about ABA ratings, click here.

Education

Welte received his B.S. in agricultural economics from North Dakota State University in 1989. He obtained his J.D., with distinction, from the University of North Dakota in 1997. During his legal studies, Welte was inducted into the Order of the Barristers and served on the Moot Court Board.[8][10]

Professional career

  • 2019-present: Judge, U.S. District Court for the District of North Dakota
  • 2015-2019: Shareholder, Vogel Law Firm
  • 1999-2015: Grand Forks County State's Attorney's Office
    • 2003-2015: State's attorney
    • 1999-2003: Assistant state's attorney
  • 1998-2003: Steele County State's Attorney, Steele County State's Attorney's Office
  • 1997-2003: City attorney, Larimore, North Dakota
  • 1997-1999: Attorney/partner, Juntunen, Hager and Welte
  • 1994-1995: Farm worker, Ash Grove Farm
  • 1991-1994: Charitable gaming worker/Development coordinator, Cystic Fibrosis Foundation
  • 1991: Account executive, KVRR-Fox Television
  • 1990-1991: Account executive, KQWB Radio
  • 1989-1990: Agricultural statistician, United States Department of Agriculture[3]

Awards and associations

Awards

  • 2015: State Bar of North Dakota Community Service Award, Northeast Central Judicial District[3]

Associations

  • Member, Greater Grand Forks County Bar Association
  • Member, The Federalist Society
  • Member, North Dakota Farm Bureau
  • Member, State Bar Association of North Dakota
  • Former member, Christian Legal Society
  • Former member, North Dakota State's Attorney's Association

About the court

District of North Dakota
Eighth Circuit
District of North Dakota-seal.png
Judgeships
Posts: 2
Judges: 2
Vacancies: 0
Judges
Chief: Peter Welte
Active judges:
Daniel Traynor, Peter Welte

Senior judges:
Patrick Conmy, Daniel Hovland


The United States District Court for the District of North Dakota is one of 94 United States district courts. The court is headquartered in Fargo and has additional locations at Bismarck, Grand Forks, and Minot. The district was created in 1889, when the Dakota Territory was divided into North Dakota and South Dakota. When decisions of the court are appealed, they are appealed to the United States Court of Appeals for the Eighth Circuit, based in downtown St. Louis, Missouri, at the Thomas F. Eagleton Federal Courthouse and Building.

The Counties of North Dakota (click for larger map)

The jurisdiction of the District of North Dakota consists of all the counties in the state of North Dakota. The District of North Dakota has original jurisdiction over cases filed within its jurisdiction. These cases can include civil and criminal matters that fall under federal law.

The court is headquartered in Fargo and has additional locations at Bismarck, Grand Forks, and Minot.

To read opinions published by this court, click here.

The federal nomination process

Federal judges are nominated by the president of the United States and confirmed by the Senate. There are multiple steps to the process:

  • The president nominates an individual for a judicial seat.
  • The nominee fills out a questionnaire and is reviewed by the Senate Judiciary Committee.
  • The Senate Judiciary Committee holds a hearing with the nominee, questioning them about things like their judicial philosophy, past rulings or opinions, etc.
  • As part of this process, the committee sends a blue slip to senators from the home state in which the judicial nomination was received, allowing them to express their approval or disapproval of the nominee.
  • After the hearing, the Senate Judiciary Committee will vote to approve or return the nominee.
  • If approved, the nominee is voted on by the full Senate.
  • If the Committee votes to return the nominee to the president, the president has the opportunity to re-nominate the individual.
  • The Senate holds a vote on the candidate.
  • If the Senate confirms the nomination, the nominee receives a commission to serve a lifelong position as a federal judge.
  • If the Senate does not confirm the nomination, that nominee does not become a judge.


Noteworthy cases

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Coronavirus pandemic
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  • June 15, 2020 — North Dakota Top-Four Ranked-Choice Voting, Redistricting, and Election Process Changes Initiative: North Dakota Voters First filed a lawsuit in U.S. District Court for the District of North Dakota Eastern Division on May 6, 2020. Plaintiffs argued that North Dakota's requirement that petitioners physically witness each signature is unrealistic, difficult, and dangerous amid the coronavirus pandemic and sought a ruling that would allow signatures to be gathered electronically online. The lawsuit can be found here. On June 15, 2020, U.S. District Judge Peter Welte said he would not allow electronic signature gathering. North Dakota Voters First spokeswoman Carol Sawicki said, "While we are disappointed in the ruling, our campaign will do all it can to safely and effectively collect the required signatures to qualify for placement on the November ballot. We will operate under strict social distancing and safety protocols to protect the health of both community members and staff as we work to gather the signatures needed."[11]

See also

External links

Footnotes

Political offices
Preceded by
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United States District Court for the District of North Dakota
2019-Present
Succeeded by
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