COVINGTON — The judicial nomination of David Bunning, a Fort Thomas resident and the youngest son of U.S. Sen. Jim Bunning, R-Ky., appears to have had a setback.

        David Bunning has been rated “unqualified” to serve as a federal judge by a majority of the American Bar Association's Standing Committee on Federal Judiciary, a panel of lawyers that reviews the qualifications of federal judge nominees.

        Mr. Bunning is a 35-year-old assistant U.S. attorney in the Eastern District of Kentucky. His appointment to the federal bench would be for life.

        David Bunning did not return a phone call to comment Tuesday.

        Jim Bunning said Tuesday he was surprised and disappointed by the ABA review, because his son has 10 years experience handling civil and criminal federal court cases.

        Jim Bunning said he and U.S. Sen. Mitch McConnell, R-Ky., have written to Senate Judiciary Committee Chairman Patrick Leahy, D-Vt., requesting a hearing on his son's nomination.

        The senators wrote that they “firmly disagree” with the ABA's assessment.

        “We strongly believe that a full and fair hearing is necessary for the Judiciary Committee and the full Senate to be able to effectively exercise its constitutional role of "advise and consent'”, the senators wrote.

        The senior Mr. Bunning and Mr. McConnell recommended David Bunning to President Bush, who nominated him in August for the federal bench seat being vacated by retiring Federal District Judge William O. Bertelsman.

        The Senate must confirm the nomination after a vote is taken by the Senate Judiciary Committee, of which Mr. McConnell is a member. Mimi Devlin, a spokesman for Mr. Leahy, said Tuesday that a Judiciary Committee hearing for Mr. Bunning has not been scheduled.

        She added that Mr. Leahy has received the letter from Mr. Bunning and Mr. McConnell and is considering their request for a hearing.

        Ms. Devlin said the ABA recommendation is considered by committee members but it does not necessarily rule someone out.

        “Sen. Leahy has stressed that each (Judiciary) committee member take what kind of weight they would like to place on the ABA recommendation,” Ms. Devlin said.

        Sen. Bunning pointed out that the Bush administration no longer wants to rely on ABA recommendations for judicial nominees.

        In the report to Mr. Leahy, the ABA committee did not say specifically why David Bunning was rated unqualified.

        It might be due to his experience level.

        The ABA recommends at least 12 years of practice for a lawyer to be considered qualified for the federal bench. Mr. Bunning has practiced for just 10 years.

        David Bunning's former boss of eight years, former U.S. Attorney Joe Famularo, has said Mr. Bunning is “absolutely qualified” to serve.

        Mr. Famularo, a Democrat, said after David Bunning was nominated:" "His two biggest assets are his attitude and his work ethic. He's young and he's bright, and I don't think politics has anything to do with this.”

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