NCBA Backs Conrad, Farr Hearings
Article Date: Monday, July 21, 2008
Written By: Russell Rawlings
The North Carolina Bar Association’s longstanding support of equitable N.C. representation on the Fourth U.S. Circuit Court of Appeals was reiterated yesterday during a special Senate Republican Conference forum in Washington, D.C.
Support for nominees to the federal bench long deemed “Well Qualified” by the ABA’s Standing Committee on the Federal Judiciary was voiced, especially in situations where nominees have languished for hundreds of days waiting for confirmation hearings before the Senate Judiciary Committee.
Questions regarding the Senate’s observation of the so-called “Thurmond Rule” were also prominent in the discussion.
The forum, “Protecting American Justice: Ensuring Confirmation of Qualified Judicial Nominees,” was chaired by Sen. Arlen Specter of Pennsylvania, ranking member of the Senate Judiciary Committee.
Participants included Republican Sens. Mitch McConnell, Jon Kyl, Lamar Alexander, Chuck Grassley, John Cornyn and Wayne Allard; Steve Rutkus, specialist on the federal judiciary for the Government and Finance Division of the Congressional Research Service; former U.S. Attorney Roscoe Howard; and Northwestern University law professor John McGinnis.
Sen. Elizabeth Dole and David Bohm, NCBA assistant executive director, spoke on behalf of North Carolina’s specific interests in regard to Fourth Circuit and U.S. District Court nominees Robert Conrad Jr. and Thomas Farr, respectively.
"We unequivocally join in the chorus calling for nominations to the Fourth Circuit to move forward immediately, specifically Judge Robert Conrad's nomination and Thomas Farr’s nomination," Bohm stated. "We believe that further delay in these nominations causes more harm than good, and to continue to have the State of North Carolina underrepresented in this Circuit is a misfortunate, unnecessary detriment to the public and the legal community of the State of North Carolina."
Conrad, who serves as Chief Judge of the U.S. District Court for the Western District of N.C., was nominated one year ago this week (July 17, 2007). Farr, who practices law in Raleigh with Ogletree Deakins Nash Smoak & Stewart, was nominated to the U.S. District Court for the Eastern District of N.C. nearly 600 days ago on Jan. 17, 2007.
Conrad and Farr both received unanimous ratings of Well Qualified in regard to their pending nominations; Judge Conrad was also rated unanimously Well Qualified prior to joining the U.S. District Court.
The case for confirming a second North Carolinian to the Fourth Circuit bench is most compelling.
"North Carolina is the largest and fastest growing state in the Fourth Circuit," Bohm stated, "the 10th largest state in the Union (over nine million people estimated as of July 2007); and yet, of the 15 seats on the Court, only one is held by a North Carolinian – Judge Allyson Duncan."
"Proportionally based on population, North Carolina should have a minimum of four seats on this Court."
The forum marked the second time in less than a month that the NCBA has been involved in efforts to move the nomination process forward at the federal level. Charlotte attorney Doug Ey of McGuireWoods, a former member of the Board of Governors, spoke on behalf of the NCBA at a press conference in Washington on June 19.
Ey joined Sens. Dole and Robert Burr in urging Sen. Specter and members of the Senate Judiciary Committee to consider Judge Conrad’s nomination. NCBA support for the nominations of Conrad and Farr was underscored in a letter from Executive Director Allan Head that was prominently displayed at the press conference.
Access the following links for additional documentation from these recent events; click here to access replay of the July 14 proceedings courtesy of CSPAN.
Statement by David Bohm (July 14, 2008)
Statement by John McGinnis (July 14, 2008)
Statement by Steve Rutkus (July 14, 2008)
Statement by Roscoe Howard (July 14, 2008)
Statement by Doug Ey (June 19, 2008)
Coverage of June 19 Press Conference