Judge Shabaz’s seat draws 16 candidates

Listen to this article

Six circuit court judges, six private practitioners, two U.S. attorneys, one magistrate judge and one law clerk applied for the seat of U.S. District Court Judge John C. Shabaz, who is seeking the equivalent of judicial semi-retirement.

The diverse group of legal professionals all filed applications by the Dec. 3 deadline. Now the 11-member Wisconsin Federal Nominating Commission will review each candidate’s qualifications and submit recommendations to U.S. Sens. Herb Kohl and Russ Feingold, along with U.S. Rep. F. James Sensenbrenner.

Former state Supreme Court justice and current Marquette University Law Professor, Janine P. Geske said the volume of qualified applicants will likely make the decision a difficult one for the commission.

“When assessing an applicant who has judicial experience, the committee has the unique opportunity to assess his or her judicial temperament, ability to timely and thoughtfully and impartially decide tough cases,” said Geske. “On the other hand, some of the other applicants have really significant federal experience, which also is an important factor.”

Several candidates are from outside the Western District of Wisconsin, and could face an “uphill battle” for the seat, said Geske. Specifically, Milwaukee County Circuit Court Judge Michael B. Brennan and Waukesha County Circuit Court Judge J. Mac Davis, who are also candidates for the seat of Judge Rudolph T. Randa in the Eastern District of Wisconsin.

In June, Randa announced he will assume senior status once his successor is appointed.

On Sept. 16, the Federal Nomination Commission forwarded six names of 17 initial candidates for the Eastern District seat to federal officials for review.

“I am not surprised that a couple of judges from the Eastern District applied, but I think it is always harder for an ‘outsider’ to get an appointment to a federal bench when there are so many qualified candidates from within the Western District,” said Geske.

Those candidates with knowledge of the inner workings of the Western District court include Stephen Crocker, who has been the magistrate judge in the district since 1991, and Peter A. Oppeneer, who has been Shabaz’s law clerk since 1987.

Two federal prosecutors in the district are also candidates. US Attorney Erik C. Peterson, was appointed by President Bush in 2006, and assistant US Attorney Daniel J. Graber has been in the office since 1990.

Additional candidates include circuit court judges Michael S. Gibbs, Walworth County; Edward E. Leineweber, Richland County; Richard G. Niess, Dane County; and Lisa K. Stark, Eau Claire County; along with attorneys James R. Cole, Quarles & Brady, LLP; Kendall W. Harrison, Godfrey & Kahn, S.C.; Stephen J. Meyer, Meyer Law Office; James Drew Ryberg, Ryberg & Happe, S.C.; James R. Troupis, Michael Best & Friedrich, LLP; and Michelle M. Umberger, Heller Ehrman, LLP.

“The committee will want to pass on names of lawyers who have a strong likelihood of actually being appointed by the president and who are very well respected in their work and communities,” said Geske. “Ultimately the faith people can place in the impartiality and integrity of the judges is critical to upholding the independence of that third branch of government.”

Similar to the candidates for the Eastern District seat, politics will likely play a role in whether or not any of the applicants survive the review process, said Geske.

Whoever is recommended by the commission will have to be approved by Democrats Kohl and Feingold, and Sensenbrenner, a Republican. The trio will then pass along their recommendations to President Bush who, in turn, will submit his choice to the Democratic-controlled U.S. Senate for final approval.

“In light of the current political situation in Washington, the nominee from the Western District, just like the nominee from the Eastern District, will face the challenge of successfully going through the entire confirmation process prior to the end of this presidency,” said Geske.