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Bush nominates Dugan for seat in Eastern District

By: dmc-admin//July 21, 2008//

Bush nominates Dugan for seat in Eastern District

By: dmc-admin//July 21, 2008//

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ImageThirteen months ago, Judge Rudolph T. Randa announced his intention to take senior status in the Eastern District Court of Wisconsin.

Now after more than a year of searching, the White House appears to have its man.

On July 15, President Bush announced Milwaukee County Circuit Court Judge Timothy G. Dugan as his choice to succeed Randa, 66.

Now it is a race against time for Dugan to actually receive the lifetime appointment.

With only four months left until a new president is elected, the Senate Judiciary Committee needs to schedule a hearing before Dugan’s name can advance to the full Senate for confirmation.

Dugan expressed his gratitude for the nomination, but declined to speculate on when and if he will be confirmed for the position.

“I appreciate the confidence that Congressman [Jim] Sensenbrenner, and Senators [Herb] Kohl and [Russ] Feingold have shown in me to this point,” said Dugan, who was appointed to the Milwaukee County bench in November, 1992.

Both Kohl and Feingold are members of the Senate Judiciary Committee.

A day after the announcement, Feingold’s press secretary, Zach Lowe, said he did not know when a hearing might be scheduled.

Attorney Thomas L. Shriner, a longtime friend of Dugan, said he expects the judge’s lack of a political profile will enhance his chances for confirmation.

“I hope so, given the nomination is coming out in July of a presidential election year,” said Shriner of Foley & Lardner, LLP, in Milwaukee. “There isn’t time for a fight and there is no reason why anyone should have political opposition to him.”

With numerous federal judicial vacancies pending around the nation, including the need for a successor to Western District Court Judge C. Shabaz, there is speculation that some, but not all, appointments will be made before Bush leaves office.

Marquette University Law Professor Richard Esenberg suspected that agreements might be made between parties in Washington, D.C., as to how many judges will be confirmed in the coming months.

“I wouldn’t consider him [Dugan] to be a controversial candidate so it wouldn’t surprise me if he got through,” said Esenberg.

The fact that both Feingold and Kohl named Dugan on their list of recommended judges submitted to the White House could also work to Dugan’s advantage, said Marquette University Law Professor Peter K. Rofes.

Along with Dugan, Waukesha County Chief Judge J. Mac Davis, Assistant U.S. Attorney James L. Santelle and Milwaukee County Circuit Court Judge Maxine Aldridge White were endorsed by the Senators in January.

“Does it matter that each of the Senators is encouraging Dugan’s nomination? Sure,” Rofes said. “Whether that translates to a full vote in front of the Senate is hard to predict.”

Even if time expires on the Bush Administration, Rofes said that a Dugan appointment is not out of the question.

A win by John McCain may still mean Dugan gets a seat in federal court, said Rofes.

“With both Democratic Senators supporting him, it may be [Barack] Obama would defer to the wishes of the Senators,” said Rofes.

Whether Randa still plans to assume senior status if Dugan is not appointed by Bush is unknown, but Shriner pointed out that the current chief judge was confirmed late in an election year.

George H.W. Bush appointed Randa in August of 1992, months before former President Bill Clinton took office.

“It certainly can be done,” said Shriner. “No matter how late it is in the season, a qualified judge can get confirmed.”

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