Tuesday, February 06, 2018

Judicial candidates being interviewed this week in DC

A number of sources have told me that all 10 judicial candidates for the 5 slots will be interviewed by the White House this week.  Hopefully we will have an answer shortly on who will be selected.  As a reminder, the 10 candidates are:
Miami-Dade Circuit Judges Antonio Arzola, Peter Lopez, Rodolfo ‘Rudy’ Ruiz, Rodney Smith and John Thornton;
Acting U.S. Attorney Benjamin Greenberg;
Broward Circuit Judges David Haimes and Raag Singhal; and
private attorneys Roy Altman and Melissa Visconti.


Anonymous said...

Per your your sources, who are the favs?

Anonymous said...

Ben Greenberg is, as of December 29, 2017, no longer "Acting." Someone can be Acting for only 210 days -- https://www.law.cornell.edu/uscode/text/5/3345; https://www.law.cornell.edu/uscode/text/5/3346. Ben apparently became Acting in March 2017 --https://www.justice.gov/usao-sdfl/meet-us-attorney. (Looks like more than 210 days to Dec. 29; don't know the story or status after the 210th day until Dec. 29). He was appointed "Interim" by the Attorney General, under 28 USC 546, although that doesn't seem to be used in the title, so he's simply the "U.S. Attorney".



If someone else isn't appointed to the post (following nomination and Senate confirmation) by about the end of April (120 days following the December 29, 2017 appointment by the Attorney General), the District Court will appoint a U.S. Attorney to serve until the vacancy is filled. Reportedly, the courts generally appoint the person appointed by the AG, although they need not do so.

A couple interesting questions (at least to me):
1. What is the history of Court-appointed U.S. Attorneys in this District? Who was appointed by the Court? Was it ever someone other than the person appointed by the AG?
2. What happens if Ben is appointed a District Judge (either before or after the end of April)? It appears that the First Assistant would become Acting U.S. Attorney, or the President could appoint somebody else Acting -- https://www.law.cornell.edu/uscode/text/5/3345
(followed, if needed, by the AG appointing someone Interim and, if necessary, the Court appointing someone until a permanent replacement appointed by the president [following presidential nomination and Senate confirmation]). Is anyone currently serving as First Assistant (Ben's prior position)?