news-record.com

Something new from Kay Hagan

Has this been done before by a North Carolina senator?

Kay Hagan today released the names of individuals she has recommended to the president for appointment to federal positions in the state.

I find this remarkable.

First, Hagan assembled a screening panel of very credible individuals, including former N.C. Chief Justice Burley Mitchell and Greensboro attorney Jim Phillips, a former chairman of the UNC Board of Governors. Although this committee served an advisory function, it helps assure that Hagan was presented with capable candidates and lessens the chance that she would show unreasonable personal or political favoritism. I say "unreasonable" because I would not expect any politician to totally avoid personal judgments or political considerations.

Second, she is recommending three people for each position available. The president will nominate one. Of course, he can nominate someone else entirely, but doing so would be personally disrespectful to the senator and also trample over the "advice and consent" responsibility of the Senate. And if he did, Hagan could use some arcane parliamentary provision to hold up confirmation, so it will work better for everyone if he goes with one of her suggestions for each post.

Third, she is making a public announcement of all this instead of quietly passing the names to the White House. She believes the public is entitled to know who is under consideration even before the president nominates someone. Bravo. And good for the candidates, too, for their willingness to be publicly identified when two-thirds of them won't get the job in the end. Contrast this to the secrecy of our public universities and city and county governments, which simply can't identify their final candidates for top jobs because doing so would discourage applicants. Come on!

The headlines in Greensboro are the people recommended for the posts of federal judge and U.S. attorney in the Middle District.

Two names for the judicial position are no surprise: Catherine Eagles, who is Guilford County's senior resident superior court judge; and Edwin Wilson, the senior resident superior court judge in Rockingham County. Both are well qualified. If Eagles gets the appointment, she will become the second Guilford County judge to vacate a seat this summer, after Henry Frye Jr. Gov. Perdue would name a replacement.

The third candidate is Anita Earls, executive director for the Southern Coalition for Social Justice in Durham. As a social-justice activist and civil-rights attorney, she might appeal to President Obama, but I think the people of central North Carolina might rather have a federal judge with a proven record on the bench dealing effectively with law-and-order issues.

One of the three hopefuls for the Greensboro-based U.S. attorney's post is very interesting: Ripley Rand, son of Hagan's former N.C. Senate colleague, the very powerful Tony Rand. The younger Rand is a special superior court judge in Wake County, appointed by former Gov. Easley. He was considered a possible choice as U.S. attorney in the Eastern District, but Bush appointee George Holding apparently is staying on there (with Hagan's support) to continue investigations into the Easleys and John Edwards. So Rand has been shifted our way. It definitely looks like politics at work, although I've also heard that Rand is very capable. Well, politics doesn't hurt when it comes to government appointments, but if he gets the job he'll have to deliver.

The other two are unknown to me (which doesn't mean much). An R. Lee Farmer has a law office in Yanceyville, and an R. Lee Farmer has a law office at Bald Head Island. Same person? Yanceyville's in the right neighborhood, anyway.

Susan Taylor is a resident superior court judge in Union and Anson counties.

No disrespect to Farmer and Taylor, but this looks like a gimme for Rand.

Nevertheless, the point is that we know much more about what's going on with these appointments than ever before in my memory. I appreciate that, and I also look forward to seeing who will be put forward for a North Carolina seat on the Fourth Circuit U.S. Court of Appeals in Richmond. Jim Wynn's name keeps coming up, and he would be an excellent choice.