Applicants Named for Eastern and Western District Positions

As Dean Kearney observed in an earlier post, I am chairing the Federal Nominating Commission that is reviewing applications for the United States Attorney post in the Eastern District of Wisconsin.  Dean Ken Davis of Wisconsin is chairing a counterpart commission that is reviewing applications for a federal judgeship in the Western District.  Both sets of applications were due yesterday.  The list of U.S. Attorney applicants is here, and the list of judicial applicants is here.  Both groups include many individuals with impressive professional credentials.  I think the people of Wisconsin should be pleased that so many well-qualified applicants have indicated an interest in these important positions of public service.  If members of the public would like to comment on the qualifications of any of the applicants, they may send letters to Adam C. Korbitz, Government Relations Coordinator, State Bar of Wisconsin, 5302 Eastpark Boulevard, P.O. Box 7158, Madison, WI 53707-7158.

Continue ReadingApplicants Named for Eastern and Western District Positions

Okay, Judge, You Hit Your Number or Die in This Room*

Much of the attention following yesterday’s decision in Siefert v. Alexander focuses upon the invalidation of prohibitions against judges or judicial candidates belonging to political parties and endorsing partisan candidates for office. That part of Judge Crabb’s decision seems to me, given the balance between regulatory interests and the protection of speech struck by the United States Supreme Court in Republican Party v. White, to be clearly correct.

And not, in my view, very momentous. Many judges have prejudicial partisan affiliations and, in highly salient elections, it is not hard for the public to discern whether a  candidate is a Republican or Democrat.  In fact, one could argue that allowing candidates to claim partisan affiliation is a relatively efficient way to provide pertinent information to voters in campaigns where discussion of the issues is difficult and often cramped by legal and customary restrictions.  It’s not that we expect judges to rule in whatever way their party wants (although, as Judge Crabb points out, the prior partisan affiliation of federal judges is strongly correlated with voting patterns), but that partisan affiliation may tell us something (admittedly broad and general) about a candidate’s judicial philosophy.

More significant, it seems to me, is that part of the decision striking down the Code of Judicial Conduct’s prohibition against the personal solicitation of funds by judges and judicial candidates.

Continue ReadingOkay, Judge, You Hit Your Number or Die in This Room*

Federal Nominating Commission: Now Accepting Applications

As Dean Kearney noted in an earlier post, I am serving as chair of the Federal Nominating Commission for the United States Attorney position in the Eastern District of Wisconsin.  The Commission completed its first item of business this past week by approving the questionnaire to be used by applicants.  The forms and instructions are available here.  (The link also contains the nearly identical questionnaire to be used by applicants for the Western District judicial opening.)  Applications are due at noon on March 2.

In reviewing the questionnaire, I am glad that I myself am not an applicant — we are asking applicants to gather and present a large quantity of information about themselves in a short period of time.  I hope that well-qualified attorneys will not be deterred by this process.  There is, of course, a delicate balance to strike: on the one hand, we do not wish to deter applicants through an unduly onerous process; but, on the other hand, it is critical for the Commission to have adequate information to assess the competence and integrity of all of the candidates for such an important position of public trust.  I hope that we have struck the balance appropriately.

Continue ReadingFederal Nominating Commission: Now Accepting Applications