Arkansas Blog: Judicial name dropping

Recent news articles have reported on the slow pace of President Obama in nominating candidates to fill federal judicial openings. Arkansas has three openings, with another on the way in Fort Smith from a coming retirement.

U.S. senators have sent three nominees for each of the openings, but no action has followed from the White House.

Now comes word that the White House might be willing to consider more candidates, particularly for at least one of the two openings in the Eastern District of Arkansas. Racial diversity seems to be the issue.

So far, nominees are Chris Heller, Denise Reid Hoggard and Amelia Mosley Russell to fill retiring Judge Jim Moody's seat and Chip Welch, Mariam Hopkins and Judge Price Marshall to succeed Judge Bill Wilson.

The thinking has been that Marshall was the favorite for Wilson's seat, a pick of Sen. Lincoln. Things were hazier on the other slot, though Russell, as wife of Sen. Mark Pryor's chief of staff, had some political connections (and a resume showing some past support for Republican presidential candidates.)

I've been told the NAACP expressed displeasure with the all-white slate offered for the two Eastern District judgeships. A slate of three for a western district judgeship in South Arkansas also was all-white until one of the candidates died and was replaced on the list by a black contender, Carlton Jones, a deputy prosecutor in Texarkana.

It's unknown if the White House is insisting on more diversity in candidates or not. But, for whatever reasons, local lawyers have begun writing the senators on behalf of other judicial candidates. One letter from a prominent civil rights lawyer to Lincoln said he understood that "time remains for the addition of names to be submitted." That particular letter, a copy of which was provided to me, endorsed Arkie Byrd, a black lawyer and partner to the politically influential Richard Mays.

Only the president knows for sure. As I've said before, my primary interest is in filling vacancies while the Democrats control the Senate. U.S. attorney jobs also remain open here.

Comments

Every day that passes without action on these positions is another day that the Repukes embolden their opposition to the very existence of an Obama legacy. The repulsive Repukes are bound & determined to oppose everything Obama does, part of it is of course racist but they really see the fecklessness of Reid, Pelosi & Obama as a golden opportunity to shake the legacy of GWB.

I don't know how many times Obama has to have his hand bitten before he realizes he's dealing with a rabid dog.

Posted by: 70%er | November 25, 2009 04:37 PM

Here is a thought...Let's shut down the golf course and stop the fund raisers so maybe he can get some real work done.

Posted by: Robert B. | November 25, 2009 04:41 PM

It only took him 3 months to pick a dog.

Posted by: Phaedrus | November 25, 2009 04:46 PM

I don't begrudge him the golf, fundraising or the dog; it's the never ending decision process that sticks in my craw. I don't think that spending any less time on things outside the office would speed up these decisions. We went from a shoot-from-the-hip idiot to The Thinker (that's a statue, ya know).

Posted by: 70%er | November 25, 2009 04:58 PM

"So far, nominees are Chris Heller, Denise Reid Hoggard . . . Amelia Mosley Russell . . . Chip Welch, Mariam Hopkins and Judge Price Marshall . . ."

Boss, I ask the following question in all sincerity: Considering the frequent, often unmerciful bashing that you and we bloggers dish out to Lincoln and Pryor, have we most likely killed any chance that Judge Ellen Brantley will ever be nominated for a seat on the federal bench?

Posted by: Durango | November 25, 2009 05:02 PM

Phaedrus -

You have got to stop. You just made me spit-take my Buttery Nipple all over my keyboard.

(10 minutes later. Fortunately, I have a replacement keyboard 'cause the other one's rurnt.)

"CONCHITA? I'VE HAD AN ACCIDENT! I NEED A REFILL!"

Posted by: NormaBates | November 25, 2009 05:53 PM

This whole process in Arkansas has puzzled me. I hear from others that not every nomination has required 3 nominees. In some states, apparently only one name has been sent to the White House by the state's Democratic senator(s). Regardless, when Dale and David were Arkansas's senators, only one name was sent for a judicial nominee. As Richard Arnold often said, he had the good fortune to have Sen Bumpers as his good friend. Why the situation is different with Blanche and Mark is bewildering. I am beginning to wonder if it is a product of their ambivalence with the president's legislative goals. Perhaps he is unwilling to put Republican supporters on the bench for unsupportive senators?

Posted by: sideliner | November 25, 2009 06:32 PM

Sideliner, the answer to your question can be summed up in one word--diversity. The old days, thankfully, are no more. The state's senators or congressmen (if the ruling party has no senators) no longer pick the judges. They nominate them. This is good. I think the President should take all the time he needs to find judges he thinks will be good ones.

Posted by: bencodem | November 25, 2009 07:16 PM

Durango,

You are very kind.

Judge Brantley looks forward to retirement at the end of her current term Dec. 31, 2012, after 26 years' service.

Posted by: maxb | November 25, 2009 07:20 PM

Thanks, Boss. This disclosure makes me feel better; not because the judge will be retiring in a couple of years (good for her!), but because it's a relief to know that our antics haven't impeded her professionally. From people who should know, I've long heard that Judge Brantley's judicial record is exemplary and that her ability, integrity, temperament, and evenhandedness have made her more than worthy of consideration for a federal appointment. With whatever respect may be due, that's considerably more than can be said for some of those who've been nominated in the past.

Posted by: Durango | November 25, 2009 08:30 PM

Arkansas Blog

Judicial name dropping

Comments

Post a comment