HAMMOND | Federal judges aren't on the ballot next month, but Northwest Indiana voters could influence who presides over U.S. District Court of Northern Indiana courtrooms here and in South Bend.
While President Bush has named three sitting judges and is trying to further shape the local federal judiciary in the final months of his administration, court observers suspect it will be the future president naming one or two federal judges.
Senior U.S. District Court Judge Allen Sharp, of South Bend, created one vacancy when he went into semi-retirement nearly a year ago. Bush created a second apparent vacancy last month when he announced he is nominating U.S. District Court Judge Philip Simon to move from his court here to the Seventh Circuit Court of Appeals in Chicago.
Filling those two judicial vacancies is a process governed by the Constitution and tradition.
Normally, Bush would name two people recommended by his political ally, U.S. Sen Dick Lugar, R-Ind. The two nominees would be reviewed by the U.S. Senate Judiciary Committee and given a final approval or rejection by the U.S. Senate.
Andy Fisher, spokesman for Lugar, said this isn't a normal year.
"Judge Simon came very highly regarded," Fisher said. "But the Senate Judiciary Committee isn't planning on meeting again. That means the Simon nomination won't move forward this year."
Curt Levey, executive director for the Committee for Justice, a Washington D.C-based conservative advocacy group, agrees that any judicial changes are on hold until the dust settles between Democratic presidential nominee U.S. Sen. Barack Obama and Republican U.S. Sen. John McCain.
"Democrats who control the (Senate Judiciary Committee) and floor have absolutely no incentive to move nominations through," Levey said.
Sources familiar with the U.S. District Court said earlier this year there was an expectation that someone from the Northern Indiana U.S. attorney's office was expected to be nominated to at least one of the judicial vacancies. Acting U.S. Attorney David Capp declined comment on such speculation.
