MacLemore appointed federal magistrate in Waco

WACO, Texas (KWTX) - A veteran attorney with extensive experience in both civil and criminal cases who has courtroom appearances in more than 100 Texas counties, in each federal district court in Texas and in federal courts in seven other states has been appointed the next U.S. magistrate in Waco.

Pending clearance by an FBI background investigation, Dan MacLemore will become Waco’s newest federal magistrate.

MacLemore, who has a long record of public service in McLennan County, said his appointment to the eight-year term will allow him to continue that impressive string.

“For me, first and foremost, I think like a lot of people, I have an interest in serving my community,” MacLemore said. “I have served on more than 20 boards for charities and cities since moving to Waco. I have a history of serving the community and I am looking forward to this new role. I think it will be intellectually interesting to work with a diverse set of lawyers with a diverse set of circumstances on a lot of diverse issues.”

MacLemore , 47, will replace former U.S. Magistrate Jeffrey C. Manske, who retired in June after serving as magistrate since 2001. MacLemore and U.S. Magistrate Derek Gilliland, who became Waco’s second magistrate judge in April 2022, were appointed by U.S. District Judge Alan Albright after applicants were vetted by a committee of six attorneys and two non-lawyers.

The committee narrowed the list to three applicants, and Albright chose MacLemore and forwarded his nomination to the other U.S. district judges in the sprawling Western District of Texas. Those judges unanimously approved the selection.

U.S. magistrates are authorized to perform all the duties of a U.S. district judge except for felony guilty pleas, felony sentencings and presiding over civil trials, unless the parties consent. They also set bail, issue warrants and preside over a variety of hearings.

Albright said Friday that one of the most important things he learned when he chose Gilliland as magistrate was how beneficial it is for his choice to have local ties to this area.

“Dan knows all the lawyers, and when someone says, ‘That guy lives in McGregor,’ he knows what they mean,” Albright said. “Dan is somewhat of a unicorn. He has a 50 percent criminal practice and a 50 percent civil practice and he has tried cases on both sides, and that is exactly the kind of person you hope to land as a magistrate.”

Waco attorney Robet Stem Jr., who was on the committee that reviewed the magistrate applicants, said MacLemore distanced himself from the field with his wide range of experience.

“There were many qualified applicants, but Dan stood out as the most exceptional,” Stem said. “It’s increasingly rare to find an attorney who is not only highly competent but also brings extensive experience in both civil and criminal law at the federal level.

“Dan offers both, and his strong ties to the community make him an ideal choice. I have no doubt he will excel in this role, and I look forward to appearing before him in court. We’re grateful to Judge Albright for his thoughtful selection. Waco’s legal community is fortunate to have someone of Dan’s caliber,” Stem said.

A native of Richmond, Texas, MacLemore is a graduate of the University of Texas and Texas Tech University Law School. He moved to Waco in 2002 and worked as a law clerk for former U.S. District Judge Walter S. Smith Jr. for two years.

MacLemore worked at the Fulbright, Winniford law firm 14 years as a general trial litigator, handling personal injury, construction defect and intellectual property cases while practicing criminal law in federal court.

In 2019, he moved to the Beard, Kultgen, Brophy, Bostwick & Dickson firm, where he continues to work.

MacLemore ran for judge of McLennan County Court-at-Law No. 2 in 2010 but was defeated in the Republican primary by Judge Brad Cates.

“I have been interested in serving our community as a judge for a long time,” MacLemore said. “When this position opened earlier this year, I was very interested in applying. I enjoy the people who work there, including the lawyers who appear there, and the judges in the Western District are great. I am very grateful to Judge Albright for giving me the opportunity to serve my community in this way.”

MacLemore and his wife, Shannon, have been married 26 years and have a son, Philip, 26, and a daughter, Abigail, 21. He has served on the Waco Plan Commission, the Vanguard College Preparatory School board, the Waco Montessori School board, the city of Woodway Community Development board and the Greater Waco Chamber of Commerce board.

Albright, Waco’s lone federal district judge, announced in January he will be moving to Austin when President Donald Trump appoints his successor in Waco. That process is ongoing, Albright said.