McCullough: U.S. court experience a plus

ryanteaguebeckwith — Thu, 13 Nov 2008 16:43:27 -0500

Doug McCullough says federal court experience is a plus for any potential U.S. attorney.

The state Appeals Court judge, who served as an interim U.S. attorney in 1987 and again in 1993, said that any potential appointees ideally would have experience in the federal court system.

"A Democratic alumnus of the office would probably be the leading contender," said McCullough, who is a registered Republican. "If not, somebody who clerked for a federal judge or who works in the federal courts in private practice."

Alternately, he said that another strong candidate would be a local prosecutor, especially someone like Wake County District Attorney Colon Willoughby, who has worked with the U.S. attorney's office on state corruption cases.

McCullough said one barrier to finding good applicants is a one-year limitation that U.S. attorneys have on working opposite the Department of Justice after their term expires.

He said that many qualified private attorneys don't want to give up their ability to practice in the courts they know best for such a long period of time. As a result, some aim for judgeships or positions in academia afterward, while others avoid a U.S. attorney post entirely.

Update: An earlier version of this post misstated the nature of the ban.

Former U.S. attorneys are not allowed to represent clients directly dealing with the U.S. Department of Justice for one year after leaving their post, although they can advise a client as part of a team of lawyers.

They also have a two-year ban on dealing with any cases that began while they were a U.S. attorney and a lifetime ban on any cases they handled.

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McCullough: U.S. court experience a plus