Reid gets unsolicited advice about diversity on U.S. District Court bench

U.S. Senate Majority Leader Harry Reid was trying to reach his target of a $25 million war chest with yet another fundraiser Wednesday when Las Vegas attorney Kathy England offered him unsolicited advice: He needs to appoint a woman or minority to an upcoming vacant federal judgeship.

Reid listened but made no commitment.

Speaking only for herself and not as president of the State Bar of Nevada, England pitched the need for diversity on the all-male U.S. District Court bench. "The senator allowed me to make my personal views about needing additional diversity on the bench and that it (his appointment) be reflective of Nevada," England said.

England, one of the first 100 women admitted to the Nevada bar, said there's an abundance of qualified women for the job. Black activists also want Reid to consider diversity when he's considering whom he will recommend.

England offered the names of six women and one man she thought would be outstanding judges -- U.S. Bankruptcy Judge Linda Riegle, U.S. Magistrates Peggy Leen and Valerie Cooke, Federal Public Defender Franny Forsman, attorney Gloria Sturman, Assembly Speaker Barbara Buckley, and District Judge Tim Williams, who is black.

Now Reid has nominated women to the federal bench in the past. He nominated Johnnie Rawlinson to the U.S. District Court and then to the 9th U.S. Circuit Court of Appeals, and she's a black woman. He nominated bankruptcy judge Riegle to U.S. District Court in 2000, but she wasn't confirmed before the administration changed. He's nominated other women who withdrew from consideration.

But what's he done lately for the ladies?

Anyone looking at a photo of U.S. District Court judges in Nevada sees an all white, all male line-up of judges, where out of 10 judges appointed for life, four are Mormon. (The joke about Reid is that if he wanted diversity, he'd look for a white Mormon man from another ward.)

Three Democratic women who would be front-runners said they don't want the job, mostly because of timing -- Riegle, Buckley and Attorney General Catherine Cortez Masto.

Riegle is well qualified, but at 61, there are pension considerations, making the timing wrong for her. Her bankruptcy judge pension wouldn't count toward her district judge pension, so she'd have to work far longer to get the district court pension. The Rule of 80: Your age and years of service have to total 80 before you can qualify for that lifetime pension.

Speaker Buckley, presumed Democratic candidate for governor, could get the job in a blink of an eye, because that would eliminate her as a gubernatorial primary challenger against Reid's son, Clark County Commissioner Rory Reid. "I am not interested in a federal judiciary appointment at this time," she said Thursday. "I enjoy being an advocate, I enjoy finding things that are wrong and working to correct them, whether in the Legislature or my law practice." Maybe later in life, she said.

Buckley said she hasn't made her final decision about running for governor, but will make it and announce it in early September.

Attorney General Masto also is not interested in a judgeship right now; she's running for re-election.

Many other names are being mentioned: Las Vegas attorney Nancy Allf and Family Court Judge Deborah Schumacher, who both ran for the Nevada Supreme Court, but lost; Las Vegas gaming attorney Ellen Whittemore, even District Judge Betsy Gonzalez (except she's a Republican). And there are many other qualified women and minorities in Nevada.

All this talk about who wants to be a federal judge was sparked by U.S. District Judge Brian Sandoval's decision to resign effective Sept. 15 and run for governor. Until then, Sandoval is the first and only Hispanic on the bench.

I asked Reid spokesman Jon Summers if the senator was looking for a woman or minority for the judgeship. (I figured it was one way to let white males know they need not apply without a sex change operation.)

His noncommittal answer: "Senator Reid is working to identify the person who would be best suited to fill this position."

The senator won't openly commit to diversity on the federal bench, an odd position in an election year. But perhaps his actions will belie his words. Surely political acumen will prevail. Surely. Or is that Shirley?

Jane Ann Morrison's column appears Monday, Thursday and Saturday. E-mail her at Jane@reviewjournal.com or call (702) 383-0275. She also blogs at lvrj.com/blogs/morrison.