I want to comment on a recent Associated Press story appearing in the Feb. 10 edition of the Bangor Daily News. It concerned my efforts to recommend individuals to President Clinton for consideration as he prepares to fill a vacancy on the U.S. Court of Appeals for the 1st Circuit. I wish to provide additional information.
The Judicial Selection Advisory Committee which I formed with Congressman Tom Allen follows a Maine tradition established by Sens. George Mitchell and Bill Cohen. Acting as the senior members of their president’s party, both senators established similar advisory committees to help them offer meritorious recommendations for the U.S. District Court and the U.S. Court of Appeals.
In situations where a state has no senator or the president’s party, representatives play a consultative role in the judicial selection process. Members of the House of Representatives routinely recommend individuals to the president for circuit court nominations. Following Maine tradition, our advisory committee was established to fulfill that function.
It is important to note that both this process and our recommendation were welcomed by the White House, and it’s essential to keep in mind that these judicial nominations are fully the president’s prerogative.
I am very proud of our committee’s work, ably chaired by attorney Warren Silver. The 18 members volunteered many hours of their time to thoughtfully evaluate and interview 10 excellent candidates. Based on their careful review, Congressman Allen and I recommended two superb candidates for the president’s consideration: attorney George Singal of Bangor and Justice Kermit Lipez of South Portland. I indicated my first choice of Singal, and offered Lipez as an alternate. Congressman Allen recommended both for equal consideration.
As Dean Donald Zillman of the University of Maine School of Law suggested in a recent NEWS column, it is unreasonable to rely on an open advisory process that is accountable to elected leaders and ultimately to the people. He noted that we have offered candidates who are far superior to those put forth in other parts of the country.
I am confident that either George Singal or Kermit Lipez would serve with distinction on the federal bench. I have received hundreds of phone calls and letters extolling their virtues. In the absence of our advisory committee, they would have likely received less attention than their considerable talents and experience justify.
This is the president’s decision and he has the right to choose anyone he wants. With the help of a dedicated advisory committee, I have offered the White House my best advice. Rep. John E. Baldacci Washington, D.C.
I’m disappointed to read that 2nd District Congressman John Baldacci is under attack from the “other” Maine’s entrenched Democrats over his nomination process to fill a seat on the 1st U.S. Circuit Court of Appeals. I believe Baldacci has only improved his service record with his constituents by putting in place a reasonable nomination process … as process is everything!
It would appear that the Old Guard D’s would prefer to continue the archaic, and counterproductive, game of playing off fellow Good Ol’ Boys for their “tenure.” Baldacci has apparently made every effort to improve the judicial “gene pool” by encouraging the judicial creme to rise to the surface. Personally, while I know neither [Kermit] Lipiz nor [Joyce] Wheeler, I’m very enthused over George Singal’s inclusion by the panel. Singal would make one heck of a fine jurist!
How long will it take the Old Guard to figure out that Baldacci’s panel process is the only course of action appropriate for these times; that a Pachiod-type appointment just undermines due process, and would move Maine closer to the Chicago-style patronage scheme so opposed to Dirigo?
I can offer only kudos to Congressman Baldacci for placing constituent service and “process” over an out-of-date, and out-of-touch, spoils system. To paraphrase Justice [Louis] Brandeis, “The great threat to liberty lies in the minds of men who are well meaning, but unknowing.”
John, stick to your guns and appoint the best-qualified, available, candidate! W. Tom Sawyer Jr. Bangor
Rep. Baldacci, with the aid of Rep. Tom Allen, organized a citizens’ committee to come up with a list of potential candidates for the 1st U.S. Circuit Court of Appeals. The panel suggested three finalists. Baldacci then selected one of the three as his choice. This has been the procedure and privilege employed by Sens. Mitchell and Cohen, and others before them. The judge who is selected by President Clinton will replace the judicial seat of Judge Conrad Cyr.
Victoria Murphy, the former Democratic Party chairperson, was quoted by The Associated Press out of Portland as being opposed to the selection of a finalist from Bangor. Murphy said, among other negative things about Democrat John Baldacci, “I thought it was an unusual step for a freshman congressman to take, when no one asked him to do it.” Evidently the congressmen needed her approval to make this suggestion to the president?
I recall in the last election for Maine governor, Murphy was also opposed to former Gov. Brennan running for that office. I’m sure this bit of aggressiveness hurt Joe Brennan in his bid for re-election for governor. There is a belief that the Democrats in Maine don’t need the Republicans to undermine their elected officials and candidates, for the Democrats have a history of undermining their own. For example, it wasn’t the Republicans who undermined Speaker John Martin a few years ago, it was Democrats in the House of Representatives who joined the minority Republicans to pull off this coup.
No doubt President Clinton will consider all three choices of the committee, all excellent candidates, and others like her favorites from the Portland area. The idea that this recommendation will paint Clinton into a corner is ridiculous. Like all presidents before him, he will try to fill this post with a qualified person and will make the final decision regardless of how Victoria Murphy feels about the matter. Nat Crowley Sr. Stockton Springs
After reading your article on the selection process undertaken by Congressman John Baldacci for selecting a nominee for the vacancy on the 1st Circuit Court of Appeals [BDN, Feb. 10], I confess I was persuaded by the rationale and arguments put forth by Harold Pachios and Victoria Murphy about the process. How dare Baldacci rely on an application/interview process in which the selection committee is made up entirely of citizens from all walks of Maine life when all he had to do was ask these two who should be nominated. Think of all the time and money to be saved.
Further, why have a democratic process with input from Maine’s citizenry involved in this decision when these two geniuses know right from the start who should get the nod? Look at what this sham of a process yielded — George Singal, Justice Kermit Lipez, and Judge Joyce Wheeler, three obviously unqualified individuals. My, oh my, how could they?
Congressman Baldacci, please take note that in the future, keep us Bangor residents out of the process and automatically disqualify any applicants from north of Portland because we all know none of us have anything important to add anyway. Next time, just pick up a telephone, call Ms. Murphy and Mr. Pachios and let them decide — clearly, they know what is better for our state than you do. Terence M. Harrigan Bangor
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