EDW Judge Rudy Randa to Retire

The Milwaukee Journal Sentinel is reporting that Judge Rudy Randa, whose tenure on the federal bench for the Eastern District of Wisconsin dates to Bush I, has announced his intention to take senior status, i.e. semi-retire.

This move will allow President George W. Bush to nominate a replacement to the EDW bench. The Wisconsin Federal Nominating Commission, a bipartisan merit selection committee appointed by Sens. Kohl and Feingold and Cong. Sensenbrenner, will likely follow its format as in the past of forwarding several names (three to six) to the White House. The commission is chaired by the Dean of Marquette University Law School for vacancies in the Eastern District. here, Joseph Kearney.

The White House is not limited to just those names as it chooses its own nominee, although it historically has chosen someone on the list. That nominee then goes to the US Senate for confirmation. For a district court judgeship, particularly if it is a non-controversial nominee, confirmation is usually swift and unanimous. The Dems aren’t going to hold out for a district court nominee, hoping to win in 2008, particularly if it is someone who comes from the list assembled by Senators Feingold and Kohl’s commission.

Names that come to mind off the top of my head as possible replacements: U.S. Solicitor General Paul Clement, originally of Cedarburg, Judge Michael Brennan of the Milwaukee County Circuit Court, corporate counsel/commentator Rick Esenberg, former assistant US attorney and WI AG candidate turned radio talker Jeff Wagner, attorney Tom Shriner of Foley & Lardner, and, if politics were fair, US Attorney Steve Biskupic, and, if he excused himself from the commission, MULS Dean Joseph Kearney.

If I were a betting man … Tom Shriner is in a good spot because the WH saw his stuff last time as a Commission-recommended candidate for the 7th Circuit. So is Judge Brennan, particularly given the buzz about his name as a possible Supreme Court candidate. He also sat on the Dem tire-slashing case, which I imagine means his name crossed a few WH staffers’ desks at one point in 2006, esp. with a congresswoman’s son involved. In a secondary catergory, I would place Clement (a district court job is different than a spot on the 7th Circuit), commentators Wagner and Esenberg (overly political? even interested?), Biskupic (tough sledding of late) and Dean Kearney (with the building project underway…). There are also several local Federalist Society officers who could be very strong candidates. Beyond that, we’ll watch the rumor mill and wait to see the list from the State Bar of folks who apply to the Commission.

This may also mess with conservatives’ efforts to beat Wisconsin Supreme Court Justice Louis Butler next spring. At least some attention will be turned to the battle over who gets Randa’s seat. More importantly, many of the top tier conservative candidates for the Supreme Court slot may decide not to run or at least delay a decision on running if they feel they are on the short list for the federal job. Certainly Judge Brennan is particularly in this position.

After the jump, I provide a list of the applicants and recommendees for previous vacancies in the Bush Administration, as provided by the Judicial Nominating Commission:

While nothing limits the Commission or the President from selecting someone who currently lives outside the Eastern District, or even the State of Wisconsin, I think the Commission is very strongly biased towards home-boys, and so I edit from the list non-EDW people:

Possibilities from Applicants for 7th Circuit Court of Appeals 2003 (* indicates recommended):
Michael B. Brennan of Fox Point
John A. Busch of Milwaukee
Paul D. Clement of Alexandria, Virginia
J. Mac Davis of Pewaukee
Daniel J. La Fave of Franksville
Thomas L. Shriner, Jr. of Shorewood *
Dennis J. Verhaagh of Green Bay

Possibilities from Applicants for Green Bay EDW judgeship 2001 (* means Recommended):
Justice N. Patrick Crooks of Madison *
Judge Richard J. Dietz of De Pere
Atty. Michael P. Erhard of Verona
Atty. Michael G. Grzeca of Green Bay
Atty. Leonard D. Kachinsky of Neenah
Atty. Maragret C. Kelsey of Whitefish Bay
Atty. William F. Kussel Jr. of Shawano
Judge Elsa C. Lamelas of Shorewood *
Judge J. D. McKay of Green Bay
Atty. Michael E. McMorrow of Nashotah
Atty. Thomas L. Schober of Green Bay *
Atty. James R. Sickel of Green Bay
Judge Joseph M. Troy of Appleton *
Atty. John P. Zakowski of Green Bay

Possibilities from Applicants for 2001 EDW US Attorney (* means recommended):
Atty. Steve M. Biskupic of Wauwatosa * (now USA)
Atty. Paul E. Bucher of Hartland
Judge John A. Franke of Milwaukee *
Atty. Michael E. Nieskes of Muskego
Atty. Joseph F. Paulus of Oshkosh * (DA turned felon)
Atty. Francis D. Schmitz of Cedarburg *

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