Will one
of six nominees move
forward by November 2008?
By
Jack Zemlicka
jack.zemlicka@wislawjournal.com
Sept.
24, 2007
|
Judge
Michael B. Brennan
 J.D.
Conferred: Northwestern University School of Law, 1989 Appointed
to Circuit Court in 2000; elected in 2001; re-elected 2007
Served as a state prosecutor for three years. Also in private
practice, civil litigation for four years. Served as law
clerk on federal district and federal appellate courts,
2 years each.
|
|
Judge
J. Mac Davis
 J.D.
Conferred: University of Michigan, 1976 Began judgeship
on Circuit Court in 1990, named Chief Judge of Third Judicial
District in 2006 Served as State Senator, 11th District
from 1983-90. In private practice from 1976-90.
|
|
Judge
Timothy G. Dugan
 J.D.
Conferred: Marquette University, 1978 Appointed to Circuit
Court in 1992; elected 1993, re-elected 1999 and 2005 Private
practitioner at von Briesen & Purtell S.C., Milwaukee, 1978-92;
Prosecutor, Village of Shorewood Municipal Court, 1986-92;
Prosecutor, Village of Menomonee Falls Municipal Court,
1978-92.
|
|
Judge
Gerald P. Ptacek
 J.D.
Conferred: Marquette Law School, 1974 Appointed to the Racine
County Circuit Court in 1988, elected in 1989; re-elected
1995, 2001 and 2007. Chief Judge of the Second Judicial
District since 2002, named "chief of chiefs" August 2007.
Served as Racine County District Attorney from 1980-88.
|
|
Assistant
U.S. Attorney James L. Santelle
 J.D.
Conferred: University of Chicago, 1983 Served as assistant
U.S. attorney 20 years. Spent the last year as the U.S.
Department of Justice's justice attaché to the Republic
of Iraq.
|
|
Judge
Maxine A. White
 J.D.
Conferred: Marquette University, 1985 Appointed to Circuit
Court in 1992; elected 1993; re-elected 1999 and 2005 Served
as assistant U.S. attorney, Eastern District of Wisconsin;
federal litigator: practice included representing federal
agencies and interests in criminal, civil and bankruptcy
cases before the federal district and bankruptcy courts
and the Seventh Circuit Court of Appeals, 1985-92
|
Five
circuit court judges and one assistant U.S. Attorney are the finalists
for the seat of U.S. District Court Judge Rudolph T. Randa who
will assume senior status.
But
when, if and how confirmation of a new judge will occur is unknown.
Randa, 66, was appointed by President George H.W. Bush in 1992,
but a potential shift in the political landscape in Washington
may complicate the process of selecting his successor.
“That’s
the real question isn’t it — is anybody going to go
through?” asked Richard M. Esenberg, a visiting assistant
professor at Marquette University Law School. “Or are the
Congressional Democrats, with the expectation that they may win
the presidency, going to decline to act on these nominees?”
Recommended
for the lifetime appointment are Milwaukee County Circuit Court
Judges Michael B. Brennan, Timothy G. Dugan and Maxine A. White,
Waukesha County Circuit Court Judge J. Mac Davis, Racine County
Circuit Court Judge Gerald P. Ptacek and assistant U.S. attorney
for the Eastern District of Wisconsin, James L. Santelle.
The
nominees were announced on Sept. 17 by the Federal Nominating
Commis-sion and will be reviewed by Sens. Herb Kohl and Russ Feingold
and Rep. F. James Sensenbrenner. They will make a recommendation
to President Bush who will submit his choice to the U.S. Senate
for confirmation, according to Tom Schreibel, chief of staff for
Sensenbrenner.
Janine
P. Geske, a former Wisconsin Supreme Court justice and current
Marquette University Law School professor, said that while each
of the nominees is extremely qualified, their prestige in the
judicial arena may give way to political pressures.
“The
President does not have strong support politically and he needs
to find someone who can get confirmed,” said Geske, adding
that the recommendations made by Feingold and Kohl could clash
with Sensenbrenner’s because of political allegiances.
“It’s
hard enough to get anybody appointed with the atmosphere in Wash-ington,”
said Geske.
Political
ties may be an issue for the candidates. Several of the nominees
have party affiliations pre-dating their time on the bench and
Santelle is currently serving as the U.S. Department of Justice’s
justice attaché to the Republic of Iraq.
“Jim
has worked for the federal government for all or most of his career
and for that reason he has less of a political profile, but he
does have an attachment to the current administration in connection
with the war in Iraq,” said Esenberg “Whether that is
seen as imputing a political position, I don’t know.”
Nominees
Brennan and Davis have clearer conservative political backgrounds.
Brennan has been active in the Federalist Society, while Davis
served as a Republi-can state Senator from 1983-90.
Regardless
of past political leanings, Esenberg did not expect the chosen
candidate’s philosophy to impact his or her performance.
“The
district court tends to be less of an ideological position because
it’s a trial court position,” said Esenberg. “They
don’t make law in the same way as the Supreme Court and most
of the cases that they handle, drugs, patent litigation, don’t
really implicate any of their political or judicial philosophies.”
Esenberg
also noted that the candidates have been employed in their respective
positions for several years, making them less likely to be publicly
associated with specific political causes.
Santelle
has been in the U.S. Attorney’s Office for more than 20 years,
while Ptacek was appointed in 1988, Davis joined the court in
1990, both White and Dugan were appointed in 1992 and Brennan
was appointed in 2000.
Former
Gov. Tommy Thompson appointed all five judges.
As far as who will ultimately earn confirmation for the Eastern
District seat, Geske hoped the fact that there has never been
a female appointee be taken into consideration.
“With
() Judge White (the only woman) among the nominees, I think that
ought to be an important consideration,” said Geske. “I
think the Eastern District is one of the few federal district
courts to have never appointed a woman.”
Neither
Geske nor Esenberg ventured a guess as to who may land the appointment,
but both agreed that regardless of whether there are political
disagreements surrounding who should earn the seat, there should
be little argument about the quality of the candidates.
“It’s
a nice place to be when you have tough decisions to make about
good people,” said Geske.
