Two women wait to break judicial nomination logjam
January 26, 2012 - 2:02 am
Yet another one of U.S. Senate Majority Leader Harry Reid's federal nominees isn't moving forward, at least for now.
But the postponement of Las Vegas attorney Ariel Stern's nomination to be a federal judge has opened the door for another candidate.
District Judge Elissa Cadish is coming full circle. She was the law clerk for the judge she is now poised to replace, according to multiple sources.
In 1989, Cadish moved to Las Vegas to become a law clerk for U.S. District Judge Philip Pro, who took senior status in December, creating a vacancy for another federal judge on the Nevada bench.
Cadish has 20 years of legal experience and became a state judge in 2007. She receives high marks from attorneys. In the most recent "Judging the Judges" report, 88 percent said she deserved to be retained on the bench. I've known her since she was a law clerk and respect her.
If all goes smoothly, she won't have to run anymore; she'll be recommended by Reid for the job and for a lifetime appointment. No more begging for campaign dollars.
The FBI is conducting background checks on Cadish, a preliminary step to Reid's recommending her at a future date.
Reid interviewed Cadish in 2009 but chose Deputy District Attorney Gloria Navarro instead.
Last May, Reid recommended Stern to replace Pro, who continues to work as most senior judges do.
Stern doesn't quite have the 12 years experience the American Bar Association likes to see in a judicial candidate for a job that's a lifetime appointment. He and his wife both worked in Reid's office.
But if U.S. District Judge Kent Dawson decides to take senior status later this year, Stern probably will be recommended again by Reid, who as senior senator from the party in the White House, holds nominating rights.
"Ariel Stern remains under active consideration for a future DistrictCourt vacancy," Reid spokeswoman Kristen Orthman said.
"In consultation with the White House and Mr. Stern, we determined a delay in his nomination would make him a stronger candidate and would contribute to a smoother confirmation process."
If the Republicans take the White House, however, that could all change because Reid wouldn't be making the pick.
Reid has been nominating women and minorities in recent years after he nominated a string of white, male Mormon judges.
Stern was born in Mexico, and his father is a Cuban Jew.
Navarro's parents are Cuban immigrants.
Reid's nominations include three firsts on the District Court bench. Johnnie Rawlinson was the first African-American, and Navarro was the first Hispanic woman. Brian Sandoval, now governor, was the first Hispanic male.
Among Reid's failed nominees are former U.S. Attorney Kathryn Landreth, U.S. Bankruptcy Judge Linda Riegle and Eva Garcia-Mendoza, who all said they got tired of waiting for confirmation and withdrew their names. Landreth and Garcia-Mendoza also cited personal reasons.
Not everyone pulls out. Reid nominated Miranda Du of Reno to replace another judge who took senior status, Roger Hunt. She is awaiting a vote by the full Senate. An immigrant from Vietnam, Du would be the first Asian-American federal judge in Nevada.
President Barack Obama nominated Du on Aug. 11, but she is No. 11 on the list of federal judges awaiting Senate confirmation. She probably agreed with Obama, who in his State of the Union speech Tuesday asked the Senate "to pass a simple rule that all judicial and public service nominations receive a simple up or down vote within 90 days."
Last time I wrote about Nevada's federal bench in August 2009, the bench was all male, not counting bankruptcy and magistrates. I suggested it was time again for Reid to recommend qualified females.
Reid is doing exactly that with Miranda Du and Elissa Cadish.
Now, will the Senate confirm, especially in an election year?
Jane Ann Morrison's column appears Monday, Thursday and Saturday. Email her at Jane@reviewjournal.com or call her at (702) 383-0275. She also blogs at lvrj.com/blogs/Morrison