on the recommendation of john fox jr. and campbell slemp, mcdowell received a recess appointment from president theodore roosevelt on november 12, 1901, to a seat vacated by the death of judge john paul on the united states district court for the western district of virginia. he was nominated to the same seat by president roosevelt on december 5, 1901. his nomination was confirmed by the united states senate on december 18, 1901, and he received his commission the same day. as judge, mcdowell lived in lynchburg's prestigious diamond hill district.