North Carolina Court of Appeals Judge Jim Wynn and Superior Court Judge Albert Diaz, of Charlotte, have been nominated by President Barack Obama for the U.S. Circuit Court of Appeals for the 4th Circuit.
"Their distinguished judicial careers leave no doubt that they will be esteemed additions to the Fourth Circuit," Obama said in a prepared statement.
Wynn, of Cary, was nominated to the 4th Circuit in 1999 by President Bill Clinton but then-U.S. Sen. Jesse Helms blocked his confirmation. Wynn is a former Navy lawyer and remains a military trial judge. He has been on the state appeals court since 1990, except for 1998 when he was appointed to the state supreme court but lost the election that year to retain the seat.
Diaz, a former Marine Corps lawyer and the first Latino named to a superior court bench, would be the 4th Circuit's first Hispanic judge.
Their confirmation would end a 15-year impasse over one of the vacancies on the court, which hears federal cases from the Carolinas, Virginia, West Virginia and Maryland.
The federal appeals courts are often the last stop for many cases, since the U.S. Supreme Court takes so few.
Mecklenburg Superior Court Judge Albert Diaz of Charlotte appears to be moving toward a White House nomination to the U.S. 4th Circuit Court of Appeals, where he could become the court's first Hispanic judge.
The nomination, one of two possible for North Carolina, could help break a 15-year impasse that's created the longest appellate vacancy in the country and left the state under-represented on the powerful court, according to Gary L. Wright and Jim Morrill of The Charlotte Observer.
The FBI is conducting a background check on Diaz, who in 2001 became the first Hispanic to serve on North Carolina's Superior Court. The American Bar Association also is evaluating him.
Diaz, 48, declined to comment.
"Everybody who has looked at him has given him exceptionally high marks," says former N.C. Supreme Court Chief Justice Burley Mitchell, who led a panel that screened potential federal judges.
N.C. Court of Appeals Judge Jim Wynn of Cary is also widely expected to be nominated by President Obama to the federal appeals court. It would be Wynn's second attempt at the 4th Circuit, which hears appeals from the Carolinas, Virginia, West Virginia and Maryland.
U.S. Sen. Kay Hagan this morning said she has no time frame on when North Carolina might see another nominee to the 4th Circuit Court of Appeals.
"I talk to the White House pretty often, and I’m hoping we’ll move forward quickly," Hagan told Dome during a conference call with reporters. "I’m working with Sen. (Richard) Burr and President [Barack] Obama and White House counsel to ensure North Carolina has adequate representation on the 4th Circuit."
The Court of Appeals, one tier below the Supreme Court, has just one member from North Carolina sitting on it now, Barb Barrett reports. Hagan and Burr have been pushing to add one, hopefully two or three, more members from the state to the court.
Obama has recently made several nominations to other circuits, but nothing so far for the 4th.
N.C. Court of Appeals Judge Jim Wynn was the subject of a federal background check late last spring, a sign that he may be nominated.
Wynn was nominated by President Bill Clinton in 1999 and 2001 for the 4th Circuit but he was never confirmed by the Senate, largely because of opposition by then Sen. Jesse Helms.
N.C. Court of Appeals Judge Jim Wynn has been the subject of a federal background check, a sign that he may be nominated for the 4th U.S. Circuit Court of Appeals in Richmond.
The FBI has been conducting a background investigation of Wynn, questioning people around the court houses in Raleigh, Rob Christensen reports.
"I’ve been interviewed by the FBI who didn’t tell me for what," said federal Magistrate Judge William W. Webb. "I know the U.S. Department of Justice in Washington has been calling people about him."
Wynn was nominated by President Bill Clinton in 1999 and 2001 for the 4th Circuit but he was never confirmed by the Senate, largely because of opposition by then Sen. Jesse Helms.
President Barack Obama has not indicated who he would nominate. But Democratic Sen. Kay Hagan is pushing hard for another North Carolinian on the 4th Circuit and there has considerable speculation that Wynn is one of the candidates she is pushing.
He is also being championed by Congressman G.K. Butterfield, his former law partner, who is a close Obama ally.
There is heavy speculation that N.C. Appeals Judge Jim Wynn may be headed to the U.S. 4th Circuit Court of Appeals in Richmond.The speculation is based not only on gossip but the fact that Wynn has twice before nominated for the 4th Circuit only to have his nomination stalled by then Republican Sen. Jesse Helms, Rob Christensen reports.
Some of the key players, have been avoiding reporter’s calls.
Former NC. Chief Justice Burley Mitchell headed a four-member committee that screened potential candidates for Democratic Sen. Kay Hagan, would not say who the panel recommended.
But he heaped praise on Wynn, noting that he had known Wynn as a fellow judge and attorney for several decades.
"Nobody in the state is better qualified for the 4th Circuit in North Carolina in my view than Jim Wynn," Mitchell said.
More after the jump.
U.S. Sen. Kay Hagan may help name two federal judges.
The first-term Democratic senator will likely give advice to President Obama, who may fill at least two of the four vacancies on the U.S. Court of Appeals for the Fourth Circuit, reports former Domester David Ingram, now of the Legal Times.
She met with several possible nominees for the 4th Circuit a few weeks ago, but she does not appear to have moved quickly to set up an internal system for recommending anyone, says Burley Mitchell Jr., a former chief justice of the N.C. Supreme Court and a partner in the Raleigh office of Womble Carlyle Sandridge & Rice.
"She’s just gotten there," Mitchell says. "I don’t think that they've even worked out any of the mechanisms."
Hagan's office declined to comment on the process. Possible nominees include UNC-Chapel Hill law professor S. Elizabeth Gibson, U.S. Bankruptcy Judge Rich Leonard and N.C. Appeals Court Judge Jim Wynn.
Others who are interested include U.S. District Court Judge James Beaty Jr.; private lawyers James Cooney III, Douglas Kingsbery and Robert Spearman; Southern Coalition for Social Justice director Anita Earls, N.C. Appeals Judge Martha Geer and N.C. Supreme Court Justice Patricia Timmons-Goodson.
A Dome reader sends along one more name for the Fourth Circuit.
Following on the logic of other would-be judges, the legal insider writes that S. Elizabeth Gibson of the UNC-Chapel Hill School of Law may also be under consideration.
Gibson clerked for the U.S. Court of Appeals and the U.S. Supreme Court and worked for a Washington, D.C., law firm before becoming a professor.
She was nominated under President Clinton as well.
Other names previously mentioned: James A. Beaty Jr., Charles Becton, Robert Spearman, Rich Leonard, Jim Wynn, Patricia Timmons-Goodson and Martha Geer.
Four North Carolinians could be up for a federal judgeship.
President-elect Barack Obama and the Democratic majority in the U.S. Senate will have the opportunity next year to fill four vacancies on the Fourth Circuit of the U.S. Court of Appeals.
The Richmond-based court oversees cases from the Carolinas, Maryland, Virginia and West Virginia. Because of its reputation as the most conservative appeals court in the country, many legal experts expect Obama and the Senate to attempt to move the court leftward.
Although a North Carolinian will not necessarily be nominated, the talk in Raleigh's legal circles is that four Tar Heels may be up for consideration:
Rich Leonard: A U.S. Bankrtupcy Court judge in the Eastern District, Leonard came close to an appointment before because of his friendship with former Sen. John Edwards.
Jim Wynn: A state Appeals Court judge, Wynn also came close during the Clinton administration but Sen. Jesse Helms blocked his appointment.
Patricia Timmons-Goodson: A state Supreme Court justice, Timmons-Goodson also made a lengthy list of potential Supreme Court picks by Scotusblog.com.
Martha Geer: A state Appeals Court judge, Geer handled a number of cases in the U.S. Appeals Court while in private practice handling corporate litigation.
The usual caveats apply. As with all conventional wisdom, these names have surfaced because they are the most obvious picks, but that doesn't mean they're the only choices.
Who will be the next treasury secretary? Who's going to be secretary of state? What about defense secretary?
Washington's favorite parlor game - Who will get the key jobs in Barack Obama's administration? - is in full swing.
Jim Morrill and Barb Barrett looked at some of the North Carolinians who might - and we stress, might - be in play for a post:
Former Gov. Jim Hunt: Could North Carolina's longtime "education governor" be considered for education secretary after stumping so hard for Obama in Eastern North Carolina?
Suzanne Reynolds: The Wake Forest University law professor lost her bid for a seat on the N.C. Supreme Court, but might she get a look for a seat on the 4th Circuit Court of Appeals, one step below the U.S. Supreme Court?
U.S. Rep. G.K. Butterfield: The Wilson Democrat was the first member of North Carolina's delegation in the House to abandon John Edwards to support Obama. Might a federal judgeship be his reward?
Gov. Mike Easley: Easley has said he has little interest in Washington, and he initially supported Hillary Clinton in the Democratic primary. But he is about to be out of work. Might the former prosecutor get a look for a Justice department post?
Reggie Love: This one would seem to be a slam-dunk. Love, the former Duke University basketball and football player, was Obama's "body man" during the campaign. Hard to imagine he won't have a post waiting for him in the White House.
Karol Mason: A lawyer who sits on the UNC-Chapel Hill board of trustees, Mason is a close friend of Obama adviser Valerie Jarrett. She was also on Obama's national finance committee. Some sort of policy post, perhaps?
Steve Lerner: The Chapel Hill venture capitalist hosted a $1,000-a-plate fundraiser for Obama way back in June 2007. Might such early support lead to an ambassadorship?
Jim Wynn: Wynn, just re-elected to his seat on the N.C. Court of Appeals, was nominated by President Clinton for the 4th Circuit Court of Appeals, but was blocked by U.S. Sen. Jesse Helms. Will Obama give him another chance?
U.S. Rep. David Price: The Chapel Hill Democrat leads the powerful Appropriations subcommittee on Homeland Security, and has worked with Obama on legislation concerning private security contractors. Would he be willing to give up his seat in Congress for a spot at the Department of Homeland Security?
The State Employees Association of North Carolina has made its endorsements.
The group's Employees Political Action Committee, also known as EMPAC, made 16 endorsements in statewide races after meeting Saturday.
"We're thrilled to support candidates who support the state's working families and the retirees who dedicated their careers to serving North Carolina's citizens," said SEANC President Linda Rouse Sutton.
Although most are Democrats, there is one Republican: State Auditor Les Merritt.
They also endorsed several other incumbents: Attorney General Roy Cooper, Secretary of State Elaine Marshall, Superintendent of Public Instruction June Atkinson and Appeals Court Judges John Arrowood, Doug McCullough, Linda Stephens and Jim Wynn.
The others: Beverly Perdue for governor, Walter Dalton for lieutenant governor, Wayne Goodwin for insurance commissioner, Ronnie Ansley for agriculture commissioner, Mary Fant Donnan for labor commissioner, Suzanne Reynolds for Supreme Court and Kristin Ruth for Appeals Court.
SEANC, which is affiliated with the Service Employees International Union, has 55,000 members.