Charles Bernard Day

In 1997, Day was appointed by the judges on the United States District Court for the District of Maryland to be a federal magistrate judge.[3] He retired on April 12, 2022.[2]

On July 21, 2010, President Barack Obama nominated Day to a judicial seat on the United States District Court for the District of Maryland, to fill the vacancy created by the Judge Peter J. Messitte to assume senior status.[3] Day's nomination lapsed at the end of 2010, and President Obama renominated him on January 5, 2011.

However, Day's nomination languished for more than a year, and he never received a hearing before the United States Senate Committee on the Judiciary, which is the standard procedure for a judicial nominee to be considered for a floor vote before the full Senate. NPR commented on the delay in an August 4, 2011 article, stating that "Some of the longest waiting nominees, Louis B. Butler of Wisconsin, Charles Bernard Day of Maryland and Edward C. DuMont of Washington happen to be black or openly gay".[4] Without comment, Obama withdrew Day's nomination on October 31, 2011.[5]

After Day's nomination was withdrawn, a spokeswoman for U.S. Sen. Charles Grassley, the ranking member of the U.S. Senate Judiciary Committee, told the Blog of Legal Times in an e-mail that some committee members had "insurmountable concerns" about matters raised during Day's background investigation.[1] Those concerns, which the spokeswoman declined to elaborate on, were what prompted Republican senators to block a committee hearing on Day. The spokeswoman also told the Blog of Legal Times that Day "is aware of those problems and is free to share that information if he so desires."[1]

In the wake of the failed nomination, Maryland's two Democratic senators, Barbara Mikulski and Ben Cardin, issued a joint statement stating that they were "very disappointed" that Day's nomination had stalled in committee. "Judge Day is an extraordinary jurist, greatly respected by the Maryland legal community," the statement read. "He has the experience and qualities that are needed in our judges. He also understands the day to day lives of ordinary Americans, and the need for their rights to be protected."[1]