Sensenbrenner says Western District replacement may not be named until 2010

The president wants to nominate candidates to fill two openings on the federal bench in Wisconsin at the same time, but U.S. Sens. Herb Kohl and Russ Feingold have yet to recommend names for the Western District spot, causing a delay, U.S. Rep. Jim Sensenbrenner said Friday.

Sensenbrenner said he feared it could mean the Western District opening would not be filled until at least 2010 because time was running out for this president to nominate someone, and then next one may need until late 2009 to forward a candidate.

The congressman said making an appointment to the federal bench has taken on even more urgency because U.S. District Court Judge John Shabaz is on medical leave, and his return is uncertain.

"With a change in administration, we really start from scratch," Sensenbrenner said.

Sensenbrenner said he forwarded to the White House five names for the Western District opening six weeks ago. All had been recommended by a nominating commission and include Milwaukee Circuit Court Judge Michael Brennan, Waukesha County Circuit Court Judge J. Mac Davis, U.S. Attorney Erik Peterson, defense attorney Stephen J. Meyer and Eau Claire County Circuit Court Judge Lisa Stark.

Sensenbrenner and the Dem senators have also made their own recommendations for the opening on the Eastern District bench.

Sensenbrenner recommended all six candidates forwarded to the lawmakers from the nominating commission, which included: Brennan, Davis, Milwaukee County Circuit Court Judge Timothy G. Dugan, Racine County Chief Judge Gerald P. Ptacek, Assistant U.S. Attorney James L. Santelle and Milwaukee County Circuit Court Judge Maxine Aldridge White.

Kohl and Feingold recommended Davis, Dugan, Santelle and White for the post.

Sensenbrenner said the possibility of filling either post before the end of the year could hinge on whether Kohl and Feingold can persuade their Senate colleagues to vote on a nominee.

Listen to the interview.

-- By JR Ross